These are the terms and conditions (Terms) on which we supply E-Cards to you.
These Terms are legally binding. Please read these Terms carefully before you submit your e-card 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. If you have any questions or require clarification on these Terms, please contact us at: [email protected]
If you do not agree to these Terms, you must not order any products from this Website.
Fanchants.com Limited is a company registered in England and Wales under registration number 5846874. Our registered office is The Wellness Centre, 279 High Street, Northallerton, North Yorkshire, DL7 8DW, United Kingdom.
You place an order on the Website by pressing the checkout button during the checkout process. By confirming your order, you are agreeing to purchase the product you have selected which shall be subject to these Terms.
When you confirm your order, we will take payment for your order by means of your nominated payment method.
We will then send to you an order confirmation email detailing your order and any other information we must provide to you.
Our acceptance of your order will take place when we email you to accept it, at which point a legally binding contract (Contract) will come into existence between You and us (The Company)
You can pay for your products using credit card, debit card, PayPal, or any other payment method which we make available to you at the time of your order. Please note that we do not accept payments via American Express.
All Materials are protected by copyright and other forms of intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices. All information and software provided through the Site is and shall remain the sole and exclusive property of the Company or its’ affiliates.
The Company hereby grants you a limited licence to use, in accordance with this Agreement, such E-Cards, Digital Products and other features of the Site as are from time to time available. No use of the Site, Materials, E-Cards, Digital Products is permitted save that permitted by this Agreement.
Use of the Site
The Site is only for domestic and private, non-commercial, use. You agree not to use this Site for any commercial or business purposes.
Causing the Site to be displayed in a frame of another website is forbidden. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden.
You agree not through the use of the Site to violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libellous or otherwise unlawful material. You further agree that You will not send E-Cards or Digital Products to anyone with the intent of harassing such person. In the event a claim is made by virtue of your breach of this Agreement, You agree to cooperate as fully as reasonably required in defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any such matter.
You may not use this Site to send E-Cards to mailing lists or to send unsolicited bulk or commercial messages. The use of computer programs which automate the process of sending or viewing any of the Materials is strictly prohibited. The Company reserves the right to limit, in its sole discretion and without prior notice to You, the number of cards or messages that You may send using the Site and/or the number of recipients to which You send such cards or messages.
Changes to Our Site
All Materials are subject to change without notice. The Company may from time to time in its sole discretion publish or vary E-Cards or Digital Products. The Company may also change, suspend or close the Site, or any part or feature of the Site, or restrict access to parts or the whole of the Site, without notice or liability.
The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Site by any person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at Your sole risk.
Limitation of Liability
The Company is not responsible for any failure of E-Cards sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.
To the extent permitted by law, the Company excludes all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. If the Company fails to comply with this Agreement, it is responsible for loss or damage You suffer that is a foreseeable result of the Company's breach or its negligence. Loss or damage is foreseeable if it is an obvious consequence of the Company's breach or if it was contemplated by You and the Company at the date of this Agreement.
Any such loss or damage shall be limited to the amount of money the Company has received from You in connection with this Site. Please note that the Company only provides this Site for domestic and private use. You agree not to use this Site for any commercial or business purposes. The Company has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Company will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Site or to your downloading of any content on it, or on any website linked to it.
The Company does not exclude or limit in any way its liability for: death or personal injury caused by its negligence or the negligence of Our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
Changes to this Agreement
The Company may modify this Agreement at any time by updating this page. By using the Site, You agree to be bound by any such revisions and You should periodically visit the Site to determine the terms to which You are bound. If any of the terms contained in this Agreement or any future changes to this Agreement are not acceptable to You, You should not use the Site further. Your use and continued use of the Site, or following the posting of any changes to this Agreement, will indicate acceptance by You of such changes.
This Agreement, its subject matter and its formation, are governed by English law. You and the Company both agree that the courts of England and Wales will have exclusive jurisdiction; provided, however, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, you may also bring proceedings in Scotland
Your E-Card will be delivered by email to your recipient’s email address once payment has been confirmed and a confirmation email will be sent to you.
Report Of Abuse
There are processes in place for situations such as the report of any harassment or malicious communications which may involve the closure of an account regardless of any credit connected to that account. If you feel like you have been abused or have seen abuse please send an email with details to [email protected] and we will look into it promptly..
Please don’t be too greedy, leave some E-cards for others, the ‘all you can send card buffet’ is limited to 20 cards per day 365 days a year 7300 E-cards in total which is plenty eh?
Termination and Right to Cancel
You may cancel your Digital Product at any time by writing to the Company at the address below. Your money will be fully refunded if the Company receives your request within the time prescribed by law (this varies depending on where You live). The Company reserves the right to cancel your Digital Product at any time by refunding your money.
Fanchants.com Limited, The Wellness Centre, 279 High Street, Northallerton, North Yorkshire, DL7 8DW, United Kingdom.
Last updated Tue 16 March