1. About Funky Tape Measure
The www.funkytapemeasure.com website is operated and managed by Advent Tools Limited, trading as brandedtapemeasure.co.uk.
Branded Tape Measures Limited’s company details are as follows:
Advent Tools Ltd
Unit 8 Roman Way. Coleshill, Warwickshire B46 1HG United Kingdom
Company Number: 5347346
UK VAT Registration Number: GB764970880
Telephone: 0800 699 0206
These Terms & Conditions (“terms”) set out your rights and obligations, and those of Advent Tools Limited, trading as Funky Tape Measure (“we”, “us”, “our”), in relation to this website, www.funkytapemeasure.com (“website”) and any products, services and material of any kind available through the website (“services”).
By visiting our site and/ or purchasing something from us, you engage in our service and agree to be bound by the following terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms are considered an offer, acceptance is expressly limited to these terms.
Any new features or tools which are added to the current store shall also be subject to the terms. You can review the most current version of the terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We shall endeavour to ensure that description(s) and picture(s) of the products displayed on the website are a true and accurate reflection. However, these descriptions and pictures may from time to time vary in minor ways from the actual products provided. If a product provided varies in a minor way from a description or picture displayed on the website we shall notify you in the dispatch Confirmation. If you do not cancel your order having received such notification we will assume you are happy to proceed with the order and the minor difference in the product from the relevant description or picture shall not be a breach of your contract with us. Please note the limitations of colour reproduction and the individual colour settings of computer screens may mean a variation between the on screen colour and actual product colours. We will not be liable to you where a colour difference between the Product displayed and supplied is attributable to display settings.
Placing your order
When you purchase products through our website you will be entering a legally binding contract with us.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This acknowledgement does not mean that your order has been accepted by us. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us. Our acceptance of your order takes place upon dispatch of the goods at which point the purchase contract is made and you will receive a dispatch confirmation email from us. We reserve the right to decline your order for any reason whatsoever even after sending the dispatch Confirmation e-mail. If we do so we will contact you and will refund any charges which have been incurred.
The contract will relate only to those products whose dispatch we have confirmed in the dispatch Confirmation, which we are legally obliged to supply to you following acceptance of your order. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch Confirmation.
Goods are invoiced in pounds (£) sterling at the price prevailing at the time you place your order. Prices shown on our website are inclusive of any applicable Value Added Tax (VAT) which will be charged at the current rate. Prices are stated exclusive of delivery charges. Delivery charges will be added to the price of the goods purchased so that the on line order form shows the total charges we will debit.
We reserve the right to amend any prices without any prior notice and to end any promotions at any time. We reserve the right to add or withdraw any item at any time. We try to ensure that all prices displayed are correct. In the event that an incorrect price is advertised, we shall amend it as soon as possible after notification. We are under no obligation to supply any product that is priced incorrectly.
Your personalised product
We aim to provide you with a fast and high quality service. Please ensure that your personalisation options are correct at the time of ordering as we cannot be held responsible for common errors such as misspellings or punctuation errors. If you notice an error, please contact us as soon as you can on 0800 699 0206 so that we can try and correct prior to production.
Unfortunately, we are unable to offer refunds on any personalised products due to the personalisation element of the product, unless the product is defective.
If you are uploading an image of photograph, they must be in JPEG or PNG format. Any other format, cannot be accepted. We print images at a minimum of 300DPI and so your upload should also be at also at least 300DPI. We will accept lower resolution images but you will see an on-screen warning to advise you that the image may not appear very well on the label. Please refer to our FAQ section for more information.
By uploading, posting, contributing or including any content or material for a personalised product, you grant us a non-exclusive, royalty free, irrevocable licence to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these terms. It is your responsibility to ensure that you obtain the permission of the copyright owner to use any image you use but do not own. We will not be held responsible if any image you upload infringes any third party rights. If we incur any costs (such as legal costs) or become liable to make any payment to a third party (such as damages) because an image you upload infringes someone else’s rights, you agree that you will refund us those costs and payments.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the website constitutes a violation of their intellectual property rights, or of their right to privacy.
Uploading and content rules
We do not permit any personalisation to include content or material as defined below. Furthermore, 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 racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
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 or infringe the rights of any third party, in any country in the world; or
D. Which is technically harmful (including, without limitation, hacking into the website) or interfere with any other person’s use and enjoyment of the website or attempt to gain unauthorised access to the website, the server on which the website is stored, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990.
Payment for all products must be by credit or debit card or any other payment method that we make available to you at the time of ordering.
Transfer of title
The Products will be your responsibility from the time of delivery.
Your order will be dispatched on the date indicated in the despatch confirmation.
We will deliver the products ordered by you to the address which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.
You may specify a delivery address which is different from your billing address.
Neither we, nor any delivery service that we use, shall be liable for any failure to perform services where such failure or delay results from any circumstances outside of our reasonable control.
We will endeavour to deliver all orders for products within the timescale selected at the time of purchase. However we cannot be held responsible for postal delays once the product(s) have been dispatched by us for delivery unless you have selected a postage option which offers guaranteed delivery by a particular time, in which case we will refund your postage charge if that delivery time is missed.
5. Changing or cancelling your order
Should you want to cancel or change your order, please contact us immediately on 0800 699 0206, we are open between 8am and 5pm. Unfortunately, once your order has been sent to production, then we will not be able to cancel your order, so do please phone us rather than send us an email to avoid any delays.
6. Returns and Refunds
Unfortunately, we cannot accept returns of personalised products unless the product is faulty. Please contact us by phone or email and we’ll do our best to resolve the problem.
Where our products are tailor-made for you, our machines will print exactly the message you enter. We advise you to double check all details are completely correct. We cannot accept responsibility for mistakes unless we find that the fault has occurred due to our production process. Please contact us so we can fully check your order.
Non Personalised Products
We are bound by the Distance Selling Regulations (DSR) where applicable.
If for any reason you decide you no longer want the goods you have the option to return the goods for a refund under the following conditions
1.We must be advised within 7 working days of delivery if you no longer require the product(s)
2.The product(s) must then be returned to Us within a further 7 working days
3. We can only accept the return of stock, non-bespoke items. Any Product made specifically for a customer cannot be returned for a refund.
4. You are responsible for the return delivery cost. Original delivery costs will be refunded.
Goods must be returned and unused in excellent condition and in original undamaged packaging.
If you do not return the product within 7 working days of the notice of cancellation or return, we will deem that you have accepted the product(s).
In the unlikely event that your order is faulty, please contact us as soon as you can. We may ask you to send a photograph of the product. Should it be necessary, we will advise you how to return the item to us.
If you are eligible for a refund, we will reimburse the price you have paid for the faulty item onto the credit or debit card that you paid with. Or alternatively, we will send you a replacement free of charge. We do not offer a refund and a replacement.
Refunds cannot be given if the fault is as a result of your own actions such as the misuse of the product or poor print quality due to low resolution images being uploaded.
We do not offer a trial and return policy unless specifically agreed prior to delivery.
7. Privacy and Security
In order to provide the service available through our website, we will hold certain personal information relating to you. We have obligations in relation to your personal information under the Data Protection Act 1998.
Your Personal Information
By providing your personal information to us, you agree to us using it for the operation of the website and the provision of services to you. Any personal information that we collect from you will be used solely for the purposes of operating the website and provision of services to you.
The personal information provided by you is securely stored with the website and all personal information transmissions that provide payment or account details are encrypted.
You can see the information that we hold about you by logging on to www.funkytapemeasure.com and checking your account details. You can also update you details online.
We will never disclose your personal information to any outside organisation except as part of the operation of the website and/or as necessary for the provision of service to you. The only exceptions to this would where we are legally entitled to do so (for example, pursuant to a court order or for any purposes of prevention or detection of crime or fraud).
The accuracy of the personal information we hold about you and/or other people is dependent on the accuracy of the information that you provide. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.
Communications from funkytapemeasure.com
We reserve the right from time to time to notify you (via email or post) of other products that may be of interest to you which are similar to the products you have previously purchased from us. You will be given the opportunity to opt-out at the time of mailing if you do not wish to receive further information notices. You can also opt in or out of receiving communication from us (other than order information) in your account details when you log into your account.
To register with the Website you have to enter your personal details. To register with the website, you must be over eighteen (18) years of age.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on any network. Responsibility for the security of any password(s) rests solely with you.
Credit and Debit Card Transactions
Online purchases via our website take place in a safe environment using the latest security technology to protect all of our customers. We are PCI Compliant which is necessary to ensure the internet and shopping online is secure, maintaining a secure network and protecting cardholder data.
All transactions carried out using our website are done through our payment provider SagePay, this means we do not hold any of your card details and you have the peace of mind using a well-respected global payment gateway.
8. Use of website - Intellectual Property
This website contains material which is owned by or licensed to us. All elements of the website content, including but not limited to, the design, layout, appearance, logos, photography, graphics and images are protected by UK copyright laws. You are entitled to view the website and to print pages for the sole purpose of placing an order with us. Any copying or downloading from the website, without written permission from us, is strictly prohibited and will be deemed an infringement of copyright.
Funkytapemeasure.co.uk® is a Registered Trademark belonging to Advent Tools Limited. You are not permitted to use our trademarks or the trademarks of any third party without the prior written consent of us or such third parties that may own the trademarks.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including photographs and graphical images) are owned by us or our licensors and any use of extracts from the website other than in accordance with placing an order is prohibited. Where you breach any part of the terms, your permission to use the website shall automatically end and you must immediately destroy any extracts you have downloaded from the website.
We shall endeavour to ensure that access to and use of the website is available 24 hours a day however access to the website may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for reasons beyond our control and we have no liability whatsoever if for any reason the website is unavailable at any time or for any period.
User Comments, Feedback & Other Submissions
If, at our request, you send certain specific submissions (for example competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Third Party Links
Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We use reasonable care and skill to provide "Funkytapemeasure.com" but
i. The services are provided "as is"
ii. We cannot and do not guarantee that our services will meet your requirements
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these terms. Nothing in these terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order. We are under a legal duty to supply goods which conform to our contract with the user.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
1. For any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
2. For any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of these terms, howsoever caused or arising
Except as expressly stated elsewhere in these terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these terms caused by matters beyond our reasonable control.
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 the terms by you, your use of the website, or anything done while your Account is logged into the website.
The provisions of this section shall survive the termination or expiry of these terms.
9. Offers and Promotions
Any offers and promotions which we make available on our website will be governed by terms and conditions which will be accessible to you below at the time.
These terms are intended to contain your entire agreement with us relating to the services and website.
If any of these terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and Funkytapemeasure.com shall be entitled to enforce these terms. No third-party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these terms from time to time, and post the new version on our website. The new version of these terms will take effect:
i. Commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these terms which is capable of adversely affecting you
ii. Immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, the website, and (ii) the refinement of provisions that are already included or referred to in these terms.
In either case, if you do not wish to be governed by the new version of these terms, you must cease to use the services. For the avoidance of doubt, we will not have any liability to you in that event. These terms, the services and each order and purchase of a product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these terms, the services and any order for or purchase of a product. We don't separately file the terms entered into by you when you register on Funkytapemeasure.com. Please make a durable copy of these terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.