Terms & Conditions On Custom Orders
Use of this site constitutes acceptance of this and other terms:
Name & Registered Office:
• The ability to upload digital designs or images to the website or to email digital images to us so that we can process them on your behalf;
• The ability to order products of images that have been transferred or uploaded to the website of facemasksociety.com.
These terms or User Agreement govern the relationship between you and us. This website (and the services provided through the website) can only be used if you agree to these terms. You may only use the website in accordance with these terms. Only persons aged sixteen years or over may agree to these terms and use the website or the services offered through the website.
We may modify these terms at any time facemasksociety.com reserves the right, at its discretion, to modify this Agreement, fees, charges, terms or any site content at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified. The modified terms will come into effect as soon as they are posted on the website. The use of the website or any services provided through the website after that point will be subject to the modified terms. Your provision of any payment details deem that the terms are accepted by you, the buyer.
Conditions of Order
facemasksociety.com allows you to access your Images through your Account. However, please note that:
Designs, Images and Content
• You may submit, transfer or upload digital designs, images, pictures, data, text, photographs, graphics, messages, or other material (the “Content”) to the website yourself and store a copy with license facemasksociety.com to work with it.
• You confirm to facemasksociety.com that you own or have permission to use the content.
• You retain all intellectual property rights, including copyright, to the content that you have uploaded to the website or emailed to us. We may delete, remove or refuse to display any at our sole discretion.
• Images uploaded by you or by us on your behalf which are then turned into a custom product may (subject to the restrictions in these terms) be made available for viewing to other users of this site for display in our gallery only with your expressed permission.
• We may display, modify, print, transmit, distribute or delete any of the images that you upload or email to us, provided that this is necessary in order to provide any of the service offered by us via the website or is otherwise allowed by these terms.
• In the course of storing your images, we reserve the right to apply various techniques to make generally accepted improvements to the quality of the image such as: removal of “red-eye”, brightness adjustments and enhancement; and detail enhancements.
• You accept that a design (except vector) or photograph when enlarged may lose some definition and that color variation may occur in finished item.
• You are advised to keep backups of all content provided to us. It is up to you to keep backup copies of content uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any content.
• We may without notice and at our sole discretion delete or remove any content that has been uploaded, emailed or submitted for printing in breach of these terms. We may refuse to provide any further services to anyone who breaches these terms. You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of: any use by you or your guests of this website in breach of these terms, any claim that the uploading or emailing of any content by you or on your behalf is an infringement of any third party’s copyright, trademark or other intellectual property rights. Any claim that the processing, printing or other dealing with by us, in accordance with these terms, of any images uploaded or emailed by you or on your behalf is an infringement of any third party’s copyright, trademark or other intellectual property rights.
• It is a condition of allowing you to use the website and any services offered through it, that you have the right to copy, upload or otherwise deal with content in relation to the website and to allow us to process and otherwise deal with the content in accordance with these terms. You may not upload, email to us, request us to print or otherwise deal in relation to the website with any content unless you have the right to do so and to allow us to use such content or other material in accordance with these terms. For example, you may not take content from another website or other publication and do anything with them unless you have the permission of the relevant rights owner.
• You are not allowed to upload, email to us or order products of any content which contains pornographic, obscene, indecent or offensive material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or that may incite hatred or violence against any person or group, blasphemous material, defamatory or otherwise actionable material, images of any criminal act, material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party, material that breaches any applicable laws or legislation. We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant content or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
• You shall ensure your content does not infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to the Site and to authorize the subsequent use of it; misrepresent the User’s identity in any way or impersonate any person; including any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person; harass, upset, embarrass, alarm or annoy any person.
• Although we prohibit the upload of images and other user content which infringes our content rules, we cannot control and monitor or pre-screen the use of our site. We may without notice delete any image or other user content which appears to breach our content rules or prevent any user of services (including purchase of products) which includes any such image or user content.
Confirmation of order
• You are responsible for ensuring all details submitted at time of checkout is accurate and complete, in order for us to provide the Service you require. These details include, but are not limited to: name, address, contact telephone number, mobile number, email address, payment details, product size and specifications and any content uploaded.
• Once you have placed an order for any goods or services via this website using the Service, the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post.
• The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.
• We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the products had been dispatched.
Pricing and discounts
• We set prices and display these prices on the website. Shipping costs are shown separately. We may at times, change our price at our sole discretion, changes will be reflected on the website.
• Any changes to your order may incur additional fees and we will contact you either via email or phone to arrange payment.
• Offer codes may be published from time to time as part of a promotion. Offer codes may provide a free item or a discount on part of an order.
• Offer codes can only be used for online orders placed through this website. A maximum of one offer code can be used per order. Unless otherwise specified, postage and packing charges will still apply to orders subject to an offer code. Further conditions may apply and if so, will be published with the relevant offer code.
o Changes to your order
• You accept we exercise a degree of license to edit images to fit and to achieve the very best results. facemasksociety.com is not obliged to make these adjustments and does so without liability in order to help to achieve the best results.
• We may contact you via email or phone to inquire, make changes to or confirm your designs before we proceed with production of your order. If you do not respond to our questions, this may cause delay to your order. If we contact you with questions about your order it is because we deem it necessary in order to provide the Service. We are not obliged to contact you about your order during production.
Production of products
• Production times serve as an estimated timeline and do not warrant that the products will be produced and shipped by a specific date. We will do our best to meet this timeline.
• All Product Sizes are expected to be accurate, but due to the nature of making customized products by hand and one by one, there will be marginal size differences in the finished item to the sizes quoted on this website.
• Occasionally we may, at our sole discretion, substitute materials and adjust the product design to accommodate production considerations in relation to supply or stock shortages.
• All Promotional Images of our products are good likenesses for what we produce. We do not warrant that the final item will be exactly as per the images contained in this website. There are often improvements made to products that are not visible in the promotional photographs.
• To maintain continuity of the Service we reserve the right to use alternative materials in production, to those stated on the website.
• Delivery Times are stated in good faith. Wherever a delivery time is stated, it serves as a guide timeline and we do not warrant that the products will be with you on a specific date. We will do our best to meet these timelines.
• Shipping may attract local customs and duty charges, which are beyond our control are based on the customs laws of the receiving territory. We are not obliged to indemnify such costs should they arise, and they will become a matter for the recipient
• You do not have the right to cancel products that are personalized as the products have been made to your specific requirements. However, for personalized products ordered from our site we allow a 30-minute period in which you can either amend or cancel your order.
• This 30 minute period begins from when you receive your confirmation email or when you see the order summary “Thank you, your order is confirmed” on your screen. After this time period your order will enter our production workflow and cannot be changed.
• Goods cannot be returned because they were made according to your specifications or were personalized by you.
• In the unlikely event of a manufacturing fault, it will be repaired or replaced free of charge.
• We, the manufacturer, will decide what falls under manufacturer faults.
• We may, at our discretion, look into other solutions.
• Complaints or claims must be notified to us within fourteen days of receipt of goods, or in the case of non-delivery, in a reasonable time after the goods were expected to arrive.
• We may terminate your order without notice at our sole discretion. We will refund any money due in such a circumstance.
• Use of Services
• You may access any part of the website that is not password protected. Access to some parts of the site is only available if you have a valid password.
• You may not access these areas without a valid password.
• You must keep your password secure at all times.
• You will be responsible for any damage caused by unauthorized access resulting from your failure to keep your password secure.
• We may revoke your access at any time, without warning, at our sole discretion.
Illegal use and harm to our system
• You may not use the Service to break the law. You agree that that you will not use the Service to violate any laws set out under the Law.
• You agree not to interfere with or attempt to disrupt the Service by distributing a virus or harmful code into our platforms or other programs.
Reproduction of site content
• You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the website.
• You are not allowed to use the website (or to copy or use any material from the website) for any commercial purpose other than to conduct a commercial transaction with realtymasks.com. You are not allowed to remove any copyright, trademark or any other intellectual property notices contained in the original material from any material copied or printed off from the website.
Operation of website
• We may change the format and content of the website (or any products or services offered by this website) at any time.
• We may terminate or suspend the operation of this website (or terminate or suspend the provision of any products or services offered via this website) for support or maintenance work, in order to update the website content or for any other reason. We may do this at any time and without notice.
• You are advised to keep backups of all material provided to us. It is up to you to keep backup copies of images uploaded by you or emailed to us.
• We will not be responsible for keeping backups or for loss of, deletion, or corruption of any images or any other material.
• By uploading Designs to the Site or creating Designs with facemasksociety.com design tools, you grant the following licenses to facemasksociety.com: The non-exclusive, worldwide, transferable, sub-licensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for promoting the Site and Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products; (ii) promotional “streams” of visual/audio Content on the Website, (iii) display of pages from book Products on the Site, (iv) Products or content placement in magazines, television shows, movies, apps, and other media, (v) the sale of Products available on the Site through third party product feeds, whether at retail prices, discounted prices, promotional prices, or as otherwise determined by facemasksociety.com in its sole discretion, and (vi) the sale of Products available on the Site to other retailers, wholesalers, distributors or businesses at pricing as determined by facemasksociety.com in its sole discretion.
• You also grant us the license and the right to make modifications to your Design as necessary to prepare your Design for use in a product category that you select, or for other manufacturing purposes relating to products you prepare on the site, if you agree that your Design may be used in such product. You also agree that facemasksociety.com and its customers may make changes to the Design for the purposes of creating and ordering Products for additional customization (save the date, adding names etc).
• You waive your moral rights in relation to all uses of the Design, provided such use is in accordance with the foregoing license.
• You may remove your Design from the Site at any time, and you retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that facemasksociety.com will fulfill any orders placed prior to termination and facemasksociety.com may continue to use your Design in marketing and promotional materials if such materials were created prior to removal of the Design.
• facemasksociety.com determines the general price at which Products are sold on the Site and affiliated sites. You can see realtymasks.com standard retail prices on realtymasks.com web pages and volume discounts may apply.
• You are the owner of the Design or that the Design is in the public domain; and
• You have the legal right grant this license to facemasksociety.com and to enter this Agreement; and
• To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
• The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
• The Design is not defamatory or obscene; and
• The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
• facemasksociety.com may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and
• If you have a dispute with one or more users or Sellers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. The Agreement does not create any rights under the Contract (Rights of Third Parties) which are enforceable by any person who is not a party to this Agreement.
• facemasksociety.com including its staff, directors, agents, venture partners, associates or other officers must be held protected from any claim or demands made by any third party caused by or arising from your breach of this agreement. You will indemnify facemasksociety.com for any demands or claim including reasonable legal fees arising from such a claim for your violation of law or any rights of a third party.
Law and jurisdiction
• We are reasonable and fair in our approach and should we find ourselves in dispute, we will try discussion and dialogue at first consideration for a speedy resolution. Beyond that, we will try arbitration and alternative dispute resolution procedures. If all reasonable resolution ideas are exhausted within a reasonable time frame, then these terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English law for which you and facemasksociety.com submit for jurisdiction. In the event of any dispute arising in relation to these terms or in relation to the provision of any goods and services by us, Canadian courts will have exclusive jurisdiction over such dispute.
• This agreement does not form an agency, joint venture, employer and employee status, franchiser and franchisee relationship or legal partnership. This agreement may be assigned or transferred at any time by facemasksociety.com