Terms & Conditions


This page (together with the documents referred to on it) sets out the terms and conditions on which Monkeyplates Limited provides you with access to our website www.monkeyplate.com (our site) and sells products, including printed vehicle stickers, to you (Products). Please read these terms and conditions carefully before you start to use the site or order Products from it. Please understand that if you refuse to accept these terms and conditions, you will not be able to use the site or order any Products from it.

1. Information about us


1.1 Monkeyplates Limited operates the website www.monkeyplate.com. Monkeyplates Limited is registered in England and Wales under company number 7526095. The registered office address is 44, Upper Belgrave Road, Clifton, Bristol UK BS8 2XN. Our main trading address is 50 Burlington Road, Port Marine, Portishead UK BS20 7BW. This address is for postal enquiries only. Monkeyplates Limited is a limited company.

1.2 Monkeyplate, the Monkeyplate logo, the Monkeyplate character and the Monkeyplate domain are the property of Monkeyplates Limited. Monkeyplate is a UK registered trademark of Monkeyplates Limited. Monkeyplate is a trademark of other countries.



USE OF WWW.MONKEYPLATE.COM

This section (Clauses 2 – 12 inclusive) deals with your use of the site.


2. Registration


In order to access all areas of our site, you will need to register as a user and click on the “I Accept” button at the end of the terms and conditions. Registration is free. As part of the registration process, you will select and create your own unique username and password. You may only select a username which is not already in use.

3. Accessing our site


3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

3.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

3.4 When using our site, you must comply with these terms and conditions, our privacy policy and the provisions of our acceptable use policy

3.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

4. Intellectual property rights


4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way from our site, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

4.6 If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Reliance on information posted


Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

6. Our site changes regularly


We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

7. Our liability in relation to your use of our site


7.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

7.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

7.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

7.1.3 loss of income or revenue;

7.1.4 loss of business;

7.1.5 loss of profits or contracts;

7.1.6 loss of anticipated savings;

7.1.7 loss of data;

7.1.8 loss of goodwill;

7.1.9 wasted management or office time; and

7.1.10 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

7.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8. Information about you and your visits to our site


We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

9. Uploading material to our site


9.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

9.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. 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 our site constitutes a violation of their intellectual property rights, or of their right to privacy.

9.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

9.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

10. Viruses, hacking and other offences


10.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

10.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

11. Linking to our site


11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.2 You must not establish a link from any website that is not owned by you.

11.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

11.4 If you wish to make any use of material on our site other than that set out above, please address your request to enquiries@monkeyplate.com.

12. Links from our site


Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.



SALE OF PRODUCTS TO YOU

This section (Clauses 13-24 inclusive) deals with conditions relating to the sale of Products by us to you.

13. Your status


By placing an order through our site, you warrant that you are legally capable of entering into binding contracts.

14. How the contract is formed between you and us


14.1 You may order stickers and merchandise from Monkeyplate, which we will send to you on receipt of payment, in accordance with these terms and conditions. Fees and postage costs vary.

14.2 For the purposes of the remainder of these terms and conditions, paid-for stickers as described in clause 14.1 shall be referred to as Products.

14.3 When you elect to buy the Product, you will approve the text, size and colour of it before placing an order.

14.4 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

14.5 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.

15. Our status


We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party (e.g. PayPal) is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

16. Consumer rights


16.1 The Products that we sell on our site are either:

16.1.1 Products that are personalised to your specification, for which we do not offer a refund; or

16.1.2 Products that are non-personalised, for which we do offer a refund. For full details on our Postage and Refund Policy, please click here.

17. Availability and delivery


Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

18. Risk and title


18.1 The Products will be at your risk from the time of delivery.

18.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

19. Price and payment


19.1 The price of the Products will be as set out in clause 14.1 and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. If you are located in the UK, the Products will be sent via recorded delivery. If you are located in any part of the world excluding the UK, the Products will be sent standard airmail. Click here for postage rates.

19.2 Product prices include VAT where applicable.

19.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

19.4 Payment for all Products will be via PayPal.

20. Warranty


We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

21. Our liability in relation to the sale of products to you


21.1 Subject to clause 21.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Product.

21.2 Subject to clause 21.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

21.2.1 loss of income or revenue;

21.2.2 loss of business;

21.2.3 loss of profits;

21.2.4 loss of anticipated savings;

21.2.5 loss of data; or

21.2.6 waste of management or office time.

However, this clause 21.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 21.2.

21.3 Nothing in this agreement excludes or limits our liability for:

21.3.1 death or personal injury caused by our negligence;

21.3.2 fraud or fraudulent misrepresentation;

21.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

21.3.4 defective products under the Consumer Protection Act 1987; or

21.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

22. Import duty


22.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

22.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

23. Transfer of rights and obligations


23.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

23.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

23.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

24. Events outside our control


24.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

24.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

24.2.1 strikes, lock-outs or other industrial action;

24.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

24.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

24.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 24.2.5 impossibility of the use of public or private telecommunications networks; and

24.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.



GENERAL

This section (Clauses 25 to 33 inclusive) applies to both your use of our site and the sale of Products by us to you.

25. Written communications


Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

26. Notices


All notices given by you to us must be given in writing to Monkeyplates Limited 50 Burlington Road, Port Marine, Portishead UK BS20 7BW or enquiries@monkeyplate.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 25 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

27. Waiver


27.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

27.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

27.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 26 above.

28. Severability


If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

29. Entire agreement


29.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

29.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

29.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

29.4 Nothing in this clause limits or excludes any liability for fraud.

30. Our right to vary these terms and conditions


30.1 We have the right to revise and amend these terms and conditions from time to time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.

30.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

31. Law and jurisdiction


These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the English courts will have exclusive jurisdiction over any claim arising from, or relating to, them.

32. Comments


If you have any concerns about material which appears on our site or any comments on our site in general, please contact enquiries@monkeyplate.com. Thank you for visiting our site.