1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you.
1.2 Why you should read them. 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.
2. Information about us and how to contact us
2.1 Who we are? We are Talking Print a company registered in England and Wales. Our company registration number is 07829746 and our registered office is at Building 3 North London Business Park, Oakleigh Road South, New Southgate, London, United Kingdom, N11 1GN. Our registered VAT number is 129 3926 91.
2.2 How to contact us. You can contact us by emailing us at firstname.lastname@example.org or writing to Talking Print, Building 3 North London Business Park, Oakleigh Road South, New Southgate, London, United Kingdom, N11 1GN.
2.3 How we may contact 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. 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.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will reimburse you for the price paid for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. 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.
4. Our products
4.1 Products that we offer on our site. We offer two types of products on our Website: Audio Cards and Videos Cards (together “Talking Print Cards” or “products”). In relation to the Talking Print Cards, either:
4.1.1 You can send us content for us to upload to and personalise the Talking Print Cards (henceforth known as “Personalised Cards”); or
4.1.2 We can send you a blank card, together with a USB lead, so that you can upload content and personalise the Talking Print Cards independently (henceforth known as “Blank Cards”)
4.2 Products may vary slightly from their pictures. 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. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your content
5.1 Your content must be lawful. You are responsible for ensuring that the content you send to us, or that you upload yourself, is lawful (including any applicable laws in the relevant state, country or area where the Talking Print Cards are sent to).
5.2 Your content must be acceptable. You are responsible for ensuring that the content you send to us, or that you upload yourself, is not offensive, obscene or otherwise objectionable.
5.3 Your content must not infringe any third party rights. You are responsible for ensuring that the content does not infringe on any third party rights, including their intellectual property rights.
5.4 No responsibility to check content but right to remove content or end the contract. You accept that we are not able to check the content you upload when you receive Blank Cards. We are also under no obligation to check the content you provide to use in order to prepare Personalised Cards. However, if we do identify any content which we reasonably deem to be in breach of clauses 5.1 through to 5.3 of these terms we reserve the right to refuse to upload any such content and, if necessary, end our contract with you and clause 11.1 will apply.
5.5 No guarantee in relation to the quality of the content. You are responsible for the quality of the content uploaded to the Talkies Products. Although we will take all reasonable steps to ensure the best possible image resolution of the content uploaded to the Talkies Products, is 300 dpi and that video or sound recordings will play without material interruptions, you understand and accept that we do not improve the quality of content you provide to us and we we cannot guarantee the quality of uploaded content will match the quality of content before it is uploaded to the Talkies Product. Accordingly, we shall not of the content and shall not be responsible for any failure to comply with this clause.
5.6 No guarantee in relation to compatibility of the content. We cannot guarantee that the content you upload or attempt to upload will be compatible with our systems. Please check our website for a description of what content is compatible with our systems.
5.7 Indemnity in respect of your content. You hereby agree to hold us harmless and indemnify us against any and all liabilities, losses, damages and costs suffered or incurred by us arising out of or in connection with your breach of clauses 5.1 through to 5.3 of these terms
6. Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Your rights to end the contract ).
7. Our rights to make changes
7.1 Minor changes to the products. We may change the product:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7.2 More significant changes to the products and these terms. In addition, we may make other more significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7.3 Updates to digital content. We may update or require you to update digital content.
8. Providing the products
8.1 Delivery costs. The costs of delivery will be as displayed to you on our website before you place an order.
8.2 Delivery options. There are two delivery options available to you. You have the option to:
8.2.1 have Blank Cards delivered to your address; or
8.2.2 have Personalised Cards delivered to the address of the recipient.
8.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 5 days after the day on which we accept your order for all delivery addresses within the UK. However, unfortunately we are unable to give a specific time period for international deliveries.
8.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.5 If you (or your selected recipient) are not at home when the product is delivered. For deliveries in the UK, Iif no one is available at the selected address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot (if applicable). For deliveries outside the UK, if no one is available at the selected address to take delivery and the products cannot be posted through your letterbox, we will use reasonable endeavours to ensure that your products are returned to the local depot of the selected address so that you (or the recipient of the product) can arrange collection. However, we cannot guarantee that your product will not incur damage, get lost or stolen, or that you will not be subject to any additional delivery charges after the initial attempt of delivery.
8.6 If you do not re-arrange delivery. If you do not re-arrange delivery or arrange for collection from a delivery depot (if applicable) we may end the contract and clause 11.1 will apply.
8.7 When you become responsible for the products. You will be responsible for the Talking Print Cards from the time we deliver them to the address you gave us.
8.8 When you own products. You own the Talking Print Cards once we have received payment in full and you have received an acceptance e-mail confirmation pursuant to clause 3.1.
8.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
8.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
8.10.1 deal with technical problems or make minor technical changes;
8.10.2 update the product to reflect changes in relevant laws and regulatory requirements;
8.10.3 make changes to the product as requested by you or notified by us to you (see clause 7).
8.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [1 calendar month] and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
9. Your rights to end the contract
9.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 9.1.1 through to 9.1.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
9.1.1 we have told you about an upcoming significant change to the product or these terms which you do not agree to (see clause 7.2);
9.1.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
9.1.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
9.1.4 we have suspended supply of the products for technical reasons or notify you we are going to suspend them for technical reasons, in each case for a period of more than [1 calendar month ]; or
9.1.5 you have a legal right to end the contract because of something we have done wrong.
9.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
9.3.1 digital products after you have started to download or stream these; and/orand
9.3.2 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive themproducts that are made to your specifications or are clearly personalised. .
9.4 Accordingly, you cannot exercise your right to change your mind where you purchase Personalised Cards as they are customised to your specification and digital content is downloaded onto them before they are delivered to the intended recipient.
9.5 How long do I have to change my mind? you have 14 days after the day you (or someone you nominate) receives the products.
10. How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Call or eE-mail us using the details provided above. Please provide your name, home address, details of the order (including your order reference number) and, where available, your phone number and email address.
10.1.2 Online. Contact us using our contact form on our website.
10.1.3 By post. Write to us at that address shown on the website, including details of what you bought, your order reference number, when you ordered or received it and your name and address.
10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at our address set out at above. Please contact us if you would like a return label (you can include such a request in your notice to cancel the contract). If you are exercising your right to change your mind you must send off the goods within 14 days of telling us, you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
10.3.1 if the products are faulty or misdescribed; or
10.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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.
10.4 How we will refund you. We will refund you the price you paid for the products including standard delivery costs of sending the product to you, by the method you used for payment. However, we may make deductions from the price, as described below.
10.5 Deductions from refunds if you are exercising your right to change your mind:
10.5.1 We may reduce your refund of the price (excluding standard delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted or expected. To that end, we will not provide you with a refund until we have had the opportunity to inspect the Talking Print Cards.
10.5.2 The maximum refund for delivery costs will be the actual costs of delivery less the standard type of delivery method we offer. For example, if we offer delivery of a product within  days at one cost but you choose to have the product delivered within a shorter period of time or on a specific date but at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. Please note we do not offer standard delivery methods or charges outside of the UK, and, therefore, the entire delivery cost for non-UK addresses is non-refundable.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.
11. Our rights to end the contract
11.1 You must compensate us if you break the contract. If you try to cancel the contract without reason or the right to do so, or otherwise break the contract, we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. In such circumstances, we will refund any sums you have paid in advance for products which will not be provided.
12. If there is a problem with the product
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will reimburse you for the costs of postage once we have confirmed that you are fairly exercising your legal rights (save for your right to change your mind where you will be liable to pay the costs of postage). Please contact us if you would like a return label.
13. Price and payment
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order, or if we have agreed a bespoke arrangement with you, we will confirm what the price is to you on the phone or in writing.
We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 Import and export duties. We will arrange and be responsible for the payment of import and export duties, but we shall not be responsible for payment of any other taxes, charges or levies imposed by any authority in circumstances where the Talking Print Cards are delivered to a non-UK address. We will charge you for, and you agree to reimburse us fully for, any export duties in excess of £20.
13.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.5 When you must pay and how you must pay. We accept payment via a selection of credit cards and debit cards listed on the payment page of our website.
13.6 You will be required to pay for the products before your order can be accepted.
13.7 What to do if you think an invoice is wrong. We will submit an invoice to you and send it to your e-mail address at the point of payment. If you think an invoice is wrong, please contact us promptly to let us know and we will take all reasonable steps to remedy it.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
14.3 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our privavcy policy.
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.