1. About Us
1.1 Company details. Bonez Designz, a UK registered sole trader. Bonez Designz operates as a Type Foundry, creating, disturbing and selling typefaces/fonts. We operate the website www.BonezDesignz.com.
1.2 Contacting us. To contact us e-mail: [email protected].
2. Our Contract With You.
2.1 Our contract. These terms and conditions apply to the order by you and supply of services or products by us to you. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the contract.
2.3 Language. These terms and the contract are made only in the English language .
2.4 Your copy. You should print a copy of these terms or store a digital copy.
2.5 Font Usage Agreement. All fonts/typefaces are accompanied by a usage agreement which run parallel to these terms .
3. Placing An Order And Its Acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services or products specified in the order (services/products) subject to these terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order [and any specification submitted by you] is complete and accurate.
3.3 If we cannot accept your order. If we are unable to supply you with the services or products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the services/products, we will refund you the full amount.
4. Your Obligations
It is your responsibility to ensure that:
5.1 The charges are the prices quoted on our site at the time you submit your order. If requesting a tailored option the price quoted with be communicated directly to you.
5.2 If you wish to change the scope of the services/products after we accept your order, and we agree to such change, we will modify the charges accordingly.
5.3 We take all reasonable care to ensure OR use our best efforts to ensure that the prices stated for the services/products are correct at the time when the relevant information was entered into the system.
5.4 VAT. Bonez Designz is not VAT registered. Thus we do not produce VAT receipts or list it on invoices/costings/quotes/products.
5.5 It is always possible that, despite our reasonable efforts OR best efforts, some of the services/products on our site may be incorrectly priced. Where the correct price for the services/products is less than the price stated on our site, we will charge the lower amount and if OR If the correct price for the services/products is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the services/products 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the services/products and refund you any sums you have paid.
6. How To Pay
6.1 Payment for the services/products is in advance. We will take your payment upon acceptance of your order.
6.2 You can pay for the services using a debit card or credit card. Where an invoice has been issues payment instructions will be detailed.
6.3 All amounts due under the Contract must be paid in full without any set-off, counterclaim, deduction or withholding.
7. Refunds & Returns
7.1 Sales on fonts/licence agreements are final. We cannot refund or exchange these, as we cannot guaranty or verify that you no longer hold copies of the font.
7.2 If a defect with the font software, with a valid receipt the will be replaced within 14 days.
7.3 Physical and printed items. If purchased online and you change your mind you have 14 days to return for a refund. The item must me in the condition it was sold in.
7.4 If your physical/ printed item is damages or faulty you have 14 days to arrange a refund/replacement.
8. Intellectual Property Rights
8.1 Bonez Designz retain intellectual property rights, title and ownership of any of its electronic data provided by Bonez Designz . This title and ownership extends to copies of the data installed on any computer, downloaded to any output device, or retained on other media by you as a backup. This license does not constitute an exclusive sale of the original product to you. This Agreement does not grant you any right to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the electronic data.
8.3 Fonts/typefaces will be accompanied with a licence agreement specifically detailing permitted use.
8.3 No rights are granted to you other than a License to use the electronic data on the terms expressly set forth in this Agreement or in separate font usage agreement. The Licensee further acknowledges and agrees that the structure, organisation and code of the font software are valuable trade secrets and confidential information of Bonez Designz . The Font Software is protected by copyright including without limitation, by English and United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.
9. How We May Use Your Personal Information
9.1 We will use the personal information that you provide to us to fulfil a contract with you or supply the products to you; to process your payment for the products; and, if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
9.2 We may periodically send promotional emails about new products, special offers or other information, which we think you may find interesting using the email address, which you have provided.
10. Limitation of liability.
Bonez Designz shall in no event be liable to the licensed user or any other third party for any direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption, loss of business information, arising out of the use or inability to use the product even if notified in advance. Under no circumstances shall Bonez Designz’s liability exceed the replacement cost of the purchased font.
Without prejudice to any other rights or remedies which it may have, Bonez Designz may terminate this Agreement without liability to you immediately on giving written notice to you if:
On termination of this Agreement for any reason:
You shall immediately and irretrievably delete the Font Software (including your archival copies) from your systems; and any licence granted shall immediately terminate.
12. Events Outside Our Control
Bonez Designz will not be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, fire, accident or impossibility of obtaining materials.
You may not assign, charge, sub-contract, sub-license, distribute (unless expressly permitted to do so) or otherwise dispose of any of its rights or obligations under this Agreement without Bonez Designz’s prior written consent.
If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it, and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.
15. Proper Law
This Agreement shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Any and all rights not expressly granted in this Agreement are reserved to Bonez Designz.
If you have any questions or concerns regarding our products, please email: [email protected]
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