Terms & Conditions
These Terms apply to the use of this Website and any contract between us for the sale of Products to you (the Contract). Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with us or order from us. These Terms, and any Contract between us, are only in the English language.
We recommend that you print a copy of these Terms or save them to your computer for future reference.
These Terms may be amended from time to time. Please check these Terms to ensure you understand the rights and obligations that will apply each time you wish to order Products.
These Terms were most recently updated on 3 April 2023.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
We are Sportswift Limited trading as cardfactory, a company registered in England and Wales. Our company registration number is 03493972 and our registered office is at Century House, Brunel Road, Wakefield 41 Industrial Estate, Wakefield, West Yorkshire, WF2 0XG. Our registered VAT number is 927 2144 32.
1.1. Contacting us
If you wish to contact us for any reason, our contact details are as follows:
cardfactory Customer Service Team
Wakefield 41 Industrial Estate
Online Enquiry Form: www.cardfactory.co.uk/contactus
Live chat: www.cardfactory.co.uk/livechat/
1.2. Contacting you
If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address, you provided to us in your order.
Any reference to “Writing” or “Written” in these Terms includes emails.
1.3. Cancelling your Contract
To cancel a Contract in accordance with your legal right to do so, please refer clause 8 for the options available to you.
2. USE OF OUR WEBSITE
2.1. To register with the Website or place an order on the Website you must be over 18 years of age.
2.2. Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
2.3. We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms.
3. HOW WE MAY USE YOUR PERSONAL INFORMATION
4. OUR CONTRACT WITH YOU
4.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.
4.2. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. OUR PRODUCTS
5.1. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
5.2. The packaging of the product may vary from that shown in the images on our Website.
5.3. When trying on any Products, which are clothing, please ensure that you are not wearing perfume, aftershave or deodorant, which may leave a scent or marks on the Product. We will be unable to accept the return of any Product if there is evidence that these instructions have not been followed.
5.4. The Product should be returned with its original packaging.
6. LEGAL REQUIREMENTS
6.1. We cannot sell alcoholic products, cheese boards, knives or tools to anyone under 18. For this reason, we may refuse an order or refuse to make a delivery at our discretion. By placing an order you confirm that both you and the person the order is to be delivered to, are aged 18 years or over. Only delivery options for any Product which requires age verification will be offered at checkout.
6.2. If we discover that you are not legally entitled to order certain Products, we reserve the right to cancel your order and will not be obliged to complete the order. We also reserve the right to cancel your account facilities immediately. If we cancel your account or your order, we will immediately refund to you any money that you have paid in respect of Products that we will not deliver to you.
6.3. No Products should be ordered from us and/or requested to be delivered to any person where such order or delivery may be in breach of any restraining order, anti-social behaviour order, injunction or otherwise in breach of law or regulation.
7. ORDERING FROM US
7.1. When making an order through our Website, the webpages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each webpage of the order process.
7.2. You are deemed to place an order with us by ordering any of the Products which we sell by following the steps on our webpages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered (Order Confirmation).
7.3. The Contract between us will only be formed when we send you the Order Confirmation, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with an Order Confirmation. If we do not send you an Order Confirmation, our acceptance of an order will take place when we post the Products to you or to the designated store which you select for collection.
7.4. If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website, we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all. If you have ordered a Product and you have paid a specialised delivery charge and we cannot deliver that Product, we will refund the specialised delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website.
7.5. We may refuse to accept an order:
(a) where Products are not in stock or available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in these Terms;
(e) if your personalised or customised order for Products (Personalised Products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy; and/or
(f) if we believe your order is for commercial or other non-domestic concerns.
7.6. We reserve the right to brand all of our Personalised Products.
8. COLLECTING FROM OUR STORES
8.1. Where, during the ordering process, you elect to collect your order from one of our stores (where this service is available):
(a) you will not be able to collect your order (or part of an order) from the specified store before you have received an email confirming the order (or part of an order) is available for collection;
(b) to receive your order, you (or anyone collecting an order on your behalf) must present:
(i) the barcode contained on the Order Confirmation email (printed or on a digital device); and
(ii) your confirmation of the name and home address.
If no Order Confirmation with barcode is presented on collection, we require an official form of your photographic identification (e.g. driving licence, passport) which must include your full name, address and postcode, which must correspond with your details held by us on your user account or the information submitted when the order was placed.
(c) we will retain your order at the store you select during the online order process, for 10 days from the date we email you to advise you that your order is available for collection. If you are unable to collect your order within this time period, you must contact us via our contact us page or live chat to request the product is retained for collection by an agreed, later date, which must be within 20 days of the date of the Order Confirmation. If you have not collected your order by this date, we will refund the cost of the Products ordered except for the costs of any perishable items or any Personalised Products and any costs of delivery to the store. Refunds will normally be processed within 3 working days to the payment card or account used for payment when the order was placed. Refunds cannot be processed by our colleagues in the store, however, our customer services team by email, using Live Chat or the contact us form (detailed in clause 1.1) can be used if you have any query regarding such refunds;
8.2. As we fulfil all online orders from our central distribution centres, we will deliver your order to the store you select you want to collect your order from, using Royal Mail first class tracked service, which normally takes between one and three working days to arrive in store for collection. Royal Mail delivery to stores in Northern Ireland, for collection, may take longer. We cannot be responsible for any delivery delays arising from reliance on third party carriers. We may unpack your order for safe-keeping in our store. If you order inflated helium balloons for collection from our stores, they will be inflated in the store when you arrive to collect your order.
8.3. Once an order is placed and an Order Confirmation issued, we are unable to change the store to which your order will be delivered for collection.
8.4. If your order is damaged or if the incorrect product has been delivered, we will endeavour to rectify the error using stock in the store you have designated for collection of your order, subject to availability.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
9.1. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
9.2. As a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.4. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3. Your cancellation right does not apply in the case of:
(a) any Personalised Products;
(b) any perishable Products (such as inflated balloons, confectionary, flowers and fresh produce); and
(c) any audio recordings or video recordings or computer software which has been opened.
9.4. Your legal right to cancel a Contract starts from the date the Contract between us is formed (see clause 7.3). You will have a limited period of time to cancel your Contract depending on what you have ordered and how it is delivered. Please see the table below for further information:
End of the cancellation period
Your Contract is for a single non-personalised or non-perishable Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
1 one non-personalised or non-perishable Product which is delivered in instalments on separate days; or
2 mmultiple non-personalised or non-perishable Products, which are delivered, on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with an Order Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a non-personalised or non-perishable Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with an Order Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
9.5. To cancel a Contract, you must let us know that you have decided to cancel the Contract and contact us using one of the following methods:
(a) via the Live Chat function available on our Website between the hours of 9.00am – 5pm on Monday to Friday and 9.00am – 1.00 pm Saturday at www.cardfactory.co.uk/livechat;
(b) via the online enquiry form at www.cardfactory.co.uk/contactus
If you submit a cancellation outside of these hours, we will process your cancellation on the next working day (excluding Saturday, Sunday and public holidays).
9.6. If you cancel your Contract within the cancellation periods set out in clause 9.4 above, we will:
(a) refund you the price you paid for the Products (excluding any applicable delivery charges). We are permitted by law to reduce your refund to reflect any reduction in the value of the goods caused by your use of the Products. Please be aware that if you have ordered Products in accordance with a promotion or discount offer on our Website and your cancellation of part of that order means that you no longer qualify for that promotion, we may reduce your refund to reflect this;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For the avoidance of doubt, if there is more than one Product in your order and you only cancel part of that order we will not refund the delivery charge. We will only refund the delivery charge if you cancel your order as a whole and no Products are delivered to you at all or if you return all Products to us in accordance with clauses 9.12 to 9.17. If you have ordered a Product and you have paid a specialised delivery charge and successfully cancel your order for that Product, we will refund the specialised delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website; and
(c) make any refunds due to you as soon as possible and in any event within the time periods indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, 14 days after the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us see clauses 9.12 to 9.17 below; or
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.7. If you have returned the Product to us in accordance with this clause because it is faulty or does not match its description, we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you have incurred in returning the Product to us. Please be aware you will be required to produce a photo of the damage and/or problem with a Product before a freepost returns label is issued.
9.8. We will refund you by the same method of payment that you used to place your order.
Our right to cancel the Contract
9.9. We reserve the right to cancel any order at any time and issue a full refund.
Personalised and Perishable Products
9.10. In accordance with clause 9.3, if you have placed an order for a Personalised Product and or a perishable Product you will not be able to cancel or change your order.
9.11. Please check the spelling and accuracy of any Personalised Product before you place an order as you will not be entitled to a refund or exchange of any Personalised Products, which contain a misspelling that you are responsible for.
Returns and Exchanges
9.12. If a Product has already been delivered to you before you decide to cancel your Contract (which must be done in accordance with clauses 9.1 to 9.8 above), then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
9.13. Unless the Product is faulty or not as described (please see clauses 9.6 and 9.7), you will be responsible for the cost of returning the Products to us.
9.14. Subject to you contacting us in accordance with clauses 9.4 and 9.5 above, we will contact you by email to advise whether you have satisfied our cancellation terms and are eligible for a refund and, if necessary, provide further information detailing how to proceed with your return.
9.15. Sorry, we cannot accept returns or process refunds for products ordered online in our stores. You can return Products to the following address:
cardfactory Customer Service Team
Wakefield 41 Industrial Estate
9.16. We will pay the costs of return if the Products are faulty or misdescribed, or where you are ending the contract because we have told you of an upcoming change to the Product or these terms, or where there is an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.17. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1. The costs of delivery will be as displayed to you on our Website, which includes delivery to one of our stores, where you elect to collect your order from a store (where this service is available).
10.2. We will deliver orders within a maximum of 30 days after the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control – please see clause 18 for further details of our responsibilities in such an event.
10.3. We will deliver the Products ordered by you to the address which you give for delivery when you make your order, which may be to one of our stores selected by you. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
10.4. If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received.
10.5. If no one is available at the delivery address given to accept the delivery, one of our carriers will leave you a card that the Products have been returned to our premises or the premises of any carrier which we use, in which case, please follow the instructions on the card to rearrange delivery. Please note that if you do not rearrange delivery, the Products will be returned to our premises.
10.6. Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you, however, if you request to delivery to one of our stores, delivery shall be completed when you (or someone on your behalf) collects the Products. The risk and responsibility in the Products will sit with you from that time.
10.7. You own the Products once we have received payment in full (including all applicable delivery charges).
10.8. If Products are not delivered within 30 days of the order being received as set out in clause 10.2 above (unless such delivery is delayed by an Event Outside Our Control), then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products; or
(b) delivery within the delivery period was essential (taking into account all the relevant circumstances).
10.9. If you wish to cancel your order for late delivery under clause 10.8 above, you may cancel the order for some or all of the Products, unless splitting the Products would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them (the cost of which we will pay). After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10.10. Our normal working hours are Monday to Friday 9.00am – 5pm and 9.00am – 1.00pm on Saturday (excluding Sunday and public holidays). All delivery and dispatch timescales quoted on the Website do not include weekends or public holidays. However, please be aware that these working hours do not apply to production. We may still produce items outside of these hours.
10.11. Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
10.12. Provided that we take the steps outlined in this clause 10, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries. If there is a substantial risk of delay, you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
10.13. If the Products you have ordered do not arrive within 30 days of placing the order we accept no liability, so far as permitted by law, unless you have contacted us by telephone on 01924 836050.
11. PRICE AND PAYMENT
11.1. The price of the Product will be the price indicated on the order webpages when you placed your order. We take all reasonable care to ensure that the price advised to you is correct. However, please see clause 11.4 for what happens if we discover an error in the price of the product you order.
11.2. All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
11.3. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
11.4. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.5. If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.
11.6. We accept payment by Visa, Mastercard, Paypal (not available if you collect your order from our Store), Google Pay and Apple Pay.
12. WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE) DIRECTIVE
12.1. Click here to read our statement regarding the WEEE Directive.
13.1. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.
13.2. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors.
13.3. For the purposes of these Terms, any use of extracts from this Website other than in accordance with clause 13.1 for any purpose is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
13.4. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
13.5. Any rights not expressly granted in these Terms are reserved.
14. SERVICE ACCESS
14.1. While we endeavour to ensure that the Website is available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
14.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
15. YOUR MATERIAL AND CONDUCT
15.2. In using the Photo Upload facility on the Website, you agree not to upload or print any images that will cause distress or offence to any person or which contains material as set out in clause 14.5. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image.
15.3. We reserve the right to refuse to process any order that may cause offence or distress to others and in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer.
15.4. We will not be responsible or liable to you for any loss of material uploaded or transmitted through our Website.
15.5. You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
15.6. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
16. LINKS TO AND FROM OTHER WEBSITES
16.1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
16.2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Website;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any trade marks displayed on the Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
16.3. We expressly reserve the right to revoke the right granted in clause 16.2 at any time and to take any action we deem appropriate.
17.1. While we endeavor to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on the Website, or to the Products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
17.2. The material on the Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website.
18. EVENTS OUTSIDE OUR CONTROL
18.1. We will not be liable or responsible for the failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 18.2).
18.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (other than you or your affiliates), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in accordance with clause 1.2 above. If you decide to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18.5. This also applies to Products sent direct from our manufacturers.
19. OUR LIABILITY
19.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
19.2. We only supply the Products for domestic and private use. By entering into this Contract, you agree not to use the Product for any commercial, business or resale purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.3. Nothing in these Terms shall exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
19.4. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these Terms by you, or your use of this Website, or the use by any other person using your registration details.
20. ADVERTISING AND SPONSORSHIP
20.1. Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
21. GOVERNING LAW AND JURISDICTION
21.1. These Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
21.2. We do not warrant that Products on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
22.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
22.2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.3. Only the parties to these Terms may seek to enforce them. Nothing in these Terms is intended as granting any persons who are not parties to these Terms any rights under the Contracts (Rights of Third Parties) Act 1999.
23. SOCIAL TERMS AND CONDITIONS
23.1. You grant to Sportswift Limited the right to use your social media handle, moniker, name and/or your photographs(s), upload, video, comment, testimonial, likeness and other submissions in addition to those you have tagged with @cardfactoryplc or a campaign hashtag, including #yescardfactory for any brand marketing, advertising and promotional purposes, including but not limited to cardfactory.co.uk, in social media, print materials, in-store or digital advertising.
23.2. Card Factory may use, reproduce, distribute, combine Your Post with other materials, alter and/or edit it in any manner in its sole discretion. You hereby represent and warrant that (i) you own all rights in and to your posts, (ii) you have permission from any person(s) appearing in Your Post to grant the rights herein, (iii) you are not a minor, (iv) Card Factory’s use of Your Post will not violate the rights of any third party or any law and, (v) if Your Post contains a testimonial you further agree that it is a true and accurate expression of your honest belief based on use of Card Factory’s products and that you have disclosed receipt of any free product or incentives in exchange for providing Your Post.
23.3. You hereby release, discharge and agree to hold cardfactory and any person acting on cardfactory’s behalf harmless from any liability related in any way with the use of your post.