dont guess

1. Introduction

Welcome to our website. To avoid all misunderstandings, please read these terms of business carefully. These terms relate to services supplied to you through our site and should be read in conjunction with the Terms of Website Use and our Privacy Policy which shall also apply.

You will be asked to expressly agree to these terms of sale before you place an order for products or services from our website.

2. Interpretation

In these terms of sale, “we” means Don’t Guess Limited (and “us” and “our” will be construed accordingly); and “your” means our customer or potential customer for products (and “your” will be construed accordingly). “Content” means the logos, brands or other designs that you upload to our site.

3. Order process

Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods or provide the services to you. At any point up until then, we may decline to supply the goods or services to you without giving any reason. At the moment that the goods are dispatched or services are provided, a contract will be made between you and us, and you will be charged for the goods/services in accordance with the procedure detailed below.

In order to enter into a contract to buy goods or services from us, you will need to take the following steps:

(i) Complete the online form with your contact details;
(ii) Upload the logos, brand names or packaging designs that you would like to be surveyed (“Submission”);
(iii) Consent to these terms of sale by ticking the tick box;
(iv) Once uploaded you will be able to check your submission;
(v) Click on ‘Finish And Pay’;
(vi) You will be transferred to the PayPal website, and PayPal will handle your payment;
(vii) We will then send you an initial acknowledgement and
(viii) Once we have checked whether we are able to meet your order and the contents of your Submission, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by being given a final summary of your order. You will then be given the opportunity to remove any wrong items from your cart. The only language in which we provide these terms of sale is English.

4. The products and services

Survey: Once we have approved your Submission, it will be dispatched to our on-line community for their opinion and feedback. We will provide a report of this survey within 3 days of the date your Submission is accepted, as notified to you by e-mail in the Submission Confirmation.

Report Content: The report will set out:
• Which design was the favourite
• How many voted for each design
• Results broken down by age and gender

Report Format: PDF emailed to you.

5. Prices and payment

Prices for our services are quoted on our website. We will verify prices as part of our sale procedures so that a product's correct price will be stated when we confirm your order.

Payment must be made on submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

6. Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete;

(e) you are at least 18 years of age.

7. Delivery policy

We will arrange for the report to be sent to the e-mail address indicated in your order. We will use reasonable endeavours to deliver reports on or before the date for delivery set out in our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

8. Submission content and Licence

8.1 You understand that we do not guarantee any confidentiality with respect to content of your Submission.

8.2 You retain all of your ownership rights in your Submission, but you are required to grant limited licence rights to us. These are described in paragraph 8.9 below.

8.3 You understand and agree that you are solely responsible for your own Submission and the consequences of posting or publishing it. We do not endorse any Submission and expressly disclaim any and all liability in connection with it.

8.4 You represent and warrant that you have (and will continue to have during your use of the service) all necessary licenses, rights, consents, and permissions which are required to enable us to use your Submission for the purposes of the provision of the service by us, and otherwise to use your Submission in the manner contemplated by the service and these Terms.

8.5 You agree that your conduct on the site will comply with (and you agree that the content of all of your Submission shall comply with) the Terms of Website Use, found at Terms, as updated from time to time.

8.6 You agree that you will not post or upload any Submission which:
• contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the service; or
• is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;

8.7 You agree that Submission you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant us the licence referred to in paragraph 8.9 below.

8.8 On becoming aware of any potential violation of these Terms, we reserve the right (but shall have no obligation) to decide whether your Submission complies with the content requirements set out in these Terms and may remove such Submission and/or terminate your access for uploading Submission which is in violation of these Terms at any time, without prior notice and at our sole discretion.

8.9 When you upload a Submission to our site, you grant us, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, display, and perform that Submission in connection with the provision of the service, including without limitation for promoting and redistributing part or all of the service in any media formats.

9. “Cooling off” period

If you are a consumer customer and enter into this agreement over the telephone or on line, then in accordance with the Distance Selling Regulations you have the right to change your mind and cancel the agreement (known as your “Cooling-Off Rights”). In order to do so, you must notify us in writing within 7 days of receiving the order confirmation. If you wish us to start the survey on your submission immediately, you agree to waive your Cooling-Off Rights. If you cancel a contract on this basis, you will be refunded in full.

10. Statutory rights

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

11. Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

12. Limitations and exclusions of liability

We shall exercise reasonable skill, care and diligence in the discharge of our obligations under this agreement, but our liability for omissions and errors in providing the survey reports and any other services shall be limited to a maximum aggregate liability equal to the fee paid by you for the survey or services in question.

Nothing in this agreement shall exclude or in any way limit the our liability to you for fraud, death or personal injury caused by our negligence or any liability which may not be excluded or limited as a matter of law.

We give no guarantee that the materials which have been the subject of a survey will be successful or popular in your business or any other purpose. Any report provided by us should not be used as a basis for any investment decision or expenditure. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.

We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.

13. General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our Privacy Policy use of our website will be subject to our Terms of Website Use.

Contracts under these terms of sale may only be varied by a document signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

These terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale and any non-contractual obligations will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

14. About us

Our full name is Don’t Guess Limited.

Our registered office is University Gate East, Park Row, Bristol, BS1 5UB

Our company registration number is 6459892

Our email address is hello@dontguess.co.uk

Our VAT number is 93174327

Last updated on 16th May 2011

Terms and Conditions