TERMS OF USE

Welcome to Orange Hedgehog, an interactive product personalisation service. The Orange Hedgehog service and network (collectively, "Orange Hedgehog" or "the Service") are operated by Mr J Young and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.orangehedgehog.co.uk or the mobile version thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Orange Hedgehog. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

GENERAL

Variations

The Company may vary, without any liability, the content of the site, including quotations, sales literature or other documents as long as such alterations do not materially affect the quality of the goods. All products are printed by hand, as such the Company shall endeavour to match the colour, style and positioning on each item however the Company is unable to guarantee an exact match.

Price

All prices quoted on the Site are in British Pounds Sterling.

Cancellation

No goods are sold to the User on a sale or return basis. The User has no right to reject or return the goods without the consent of the Company. As goods are personalised a 'cooling off' period is not applicable. Personalised items of clothing may not be exchanged or refunded should the User request an incorrect size at time of order. Your statutory rights are not affected.

Delivery

The Company is not responsible for the timely receipt of goods once dispatched to the User. As such, late deliveries will not be refunded.

Orders not received within 7 working days of payment must be reported to the Company by email. Failure to notify us within this period will result in the Company not accepting any responsibility for items dispatched and not delivered/received.

Delivery costs

The costs displayed in the Shopping Basket display the cost of postage within the British Isles only. Goods cannot currently be delivered to any location outside of the British Isles. Goods returned to the Company described as undeliverable, will be subject to a redelivery charge.

Damaged Goods

Damaged goods must be reported to the Comapny within 48 hours of delivery by email, failure to do so and the Company will not accept responsibility and the User shall not be entitled to reject the goods.

It is the User’s responsibility to return any goods and cover any costs involved. Products must be received by the Company to qualify for a replacement free of charge. A refund may be considered at the discretion of the Company. A refund or replacement will not be offered in the instance that an image of poor quality has been supplied by the User and printed by the Company.

Colour and Sample Matching

The Company will endeavour to match colours as closely as possible. Exact colour matching onto different substrates is not always possible and the Company is unable to guarantee an exact match. As such the User has no right to reject or return the goods on these grounds. Should the User have concerns regarding the colour match on multiple orders of the same design the Company recommends that a sample is obtained, to proceed without a sample is at the sole risk of the User. All products are printed by hand, as such the Company shall endeavour to match the colour, style and positioning on each item however we are unable to guarantee an exact match.

Images

The Company does not accept responsibility for the quality of images sent to us, 'the higher the quality of image the better the print'. (please refer to the FAQ section of this site).
Licensed or copyright images, logos or trademarks must not be submitted to us by the User for reprint without the consent of the owner. The Company shall not be liable for any claim or expense arising out of any illegal or libellous matter printed for the User or any infringement of copyright or patent or similar right resulting from compliance of the Users instructions either expressed or implied. Any legal costs incurred in such matter shall be borne by the User.

Copyright Infringement

In order to use a design (photograph, logo, brand logo, saying, text, etc) with our Service, the User must have the full rights to this design. In case of doubt, the User must confirm ownership or ask the rightful owner for usage rights before uploading a design.

By saving a design on the Company server, the User is confirming they hold the specific right to commercially reproduce this design. If, for any reason, the legal beholder of this copyright contacts the Company, the User understands that he/she will be referred to directly for any issues. In using our Service the User must understand that illegal usage of a third party's protected design is no small offence and can result in heavy penalties.

Interactive Design Layout

Our Service provides provide the User with the opportunity to view an illustration of their image on our products. The Company shall then resize the image to provide the User with a product of optimal quality. The Company accepts no responsibility for poor quality images submitted to us. The better the image supplied to us the better the print.

Errors

The Company does not accept responsibility for User input or spelling mistakes on orders. The Company does not accept responsibility for errors on larger orders once a printing proof has been accepted by email with the User.

Liability

Except in the case of death or personal injury caused by negligence on behalf of
The Company, we will not be liable to the User by reason of any representation, implied warranty, condition or other term, or any duty at common law, or under the express terms of the conditions for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever which arise out of, or in connection with the supply of the goods or their use or resale by the User.

Website Liability

Whilst we endeavour to keep the website and emails free from viruses, trojans, worms and any other similar such ailments, we shall not be liable to the User for any destructive results.

Force Majeure

We shall not be liable to the User or be deemed to be in breach of the contract of sale for any delay in performing, or any failure to perform, any of our obligations in relation to the goods if the delay or failure was due to any reason beyond our reasonable control.

Sales and Agreements Offline

Exchanges offline (not using the website service) between the Company and a User are subject to the following conditions:

• We are entitled to increase the price of goods at any time prior to printing the product(s) due to factors beyond our control, however once the product(s) has been printed the Company will honour the price as per the email agreement with the User.
• Quotes are valid for a period of 30 days unless otherwise agreed in writing by us. A quote is a separate agreement between the Company and the User and as such the User is not entitled to any further discount as advertised on the website.
• The User shall pay for all goods prior to print and dispatch due to the personalised nature of trade unless otherwise agreed in writing between the Company and the User. In making payment the User is within agreement that they are the account holder and that sufficient funds are held to honour the payment.
• The Company shall endeavour to make amendments to requested orders as timely as possible. However if this request is received after the product has been printed the Company shall not be liable for the cost of a reprint.
• Any dates provided for delivery are approximate only, and the Company is not responsible for the timely receipt of goods once dispatched to the User. As such, late deliveries will not be refunded. Orders not received within 7 working days of payment must be reported to us by email. Failure to notify us within this period will result in the Company not accepting any responsibility for items dispatched and not delivered/received.

REGISTRATION AND SUBSCRIPTION

Subscription Rules

Any person subscribing to the Site must comply with the following rules. If these rules are not followed The Company has the right to immediately cancel any subscription. Any Users having their subscription cancelled will not be refunded the subscription fee. Subscriptions fees are based on a yearly membership, you will be charged on a yearly basis from your initially joining date. If you wish to cancel your renewal, please inform us by email and we will be happy to do this.

Subscription Refunds

Once a subscription fee is paid for any Service, this fee is non-refundable under any circumstance.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

User Conduct

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

• harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• register for a User account on behalf of an individual other than yourself
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the photos, profiles, messages, notes, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or Service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Head Quarters.

Disclaimers

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by us, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

Subscriber Commission

By Subscribing to a Service the User agrees to the following commissioning system. If a Subscriber’s image (aka Pebble) is used during the purchase of a product, the Subscriber is entitled to the appropriate commission of this sale: Silver Pebble Subscribers are entitled to 10% of the product value being printed with their image. Golden Pebble Subscribers are entitled to 10% of the product value being printed with their image, as well as the value they have designated to that design. If Pebbles from two different Subscriber’s are used to print one product then the commission given to each Subscriber will be will be 5% of the product value. Commission will not be made on any Carriage costs.

Subscriber Payment

Any commission earned by a Subscriber will only be paid by means of a Paypal transfer, directly to the Paypal account chosen by the Subscriber. The Subscriber will be charged the transfer fee issued by Paypal. The Company accepts no responsibility for incorrect Paypal account information and any subsequent loss of commission. The Subscriber will be paid any commission they may have earned on a quarterly basis: within the first two weeks of the following calendar months: March, June, September, December. The Company excepts no responsibility for late payment.

Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.

Jurisdiction

Any contract formed under these conditions of sale shall be construed and enforced in accordance with English Law in the Courts of England and Wales.