twelve baskets :: Terms and Conditions



		TERMS AND CONDITIONS FOR USE OF THE TWELVEBASKETS WEBSITE In these Terms and Conditions “we, our, us,” refers to twelvebaskets. “Purchased” refers to non-free downloadable items “content, materials, items,” refers to Products on the Website, and “the Website” refers to http://www.twelvebaskets.co.uk/. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY IMAGE (S). DOWNLOADING/UPLOADING AND/OR USING ANY IMAGE (S) FROM TWELVEBASKETS CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL CONTRACT BETWEEN YOU AND TWELVEBASKETS. ACCEPTANCE OF TERMS By accessing the content of http://www.twelvebaskets.co.uk/(“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at www.twelvebaskets.co.uk/privacy_policy.htm. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information. You agree that any content downloaded by you from this Website, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by Twelvebaskets. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content. (See copyright) You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement. MODIFICATION Twelvebaskets reserve the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement. Your continued access or use of the Website after any such changes are posted will constitute your acceptance of these changes. Twelvebaskets have complete discretion to modify or remove any part of this site without warning or liability arising from such action. THE WEBSITE CONTRIBUTING CONTENT By submitting items on to the Website you are declaring that they are of your own work or you have obtained copyright permission and that you have read and agree with the Terms and Conditions of the website. Content to be downloaded, including images, word documents, movie files, PowerPoint's (slideshows) including free and /or purchasable items from the site - please follow the instructions as detailed on the website.Content to be ordered from the website, Books, CDs, DVDs etc, please contact twelvebaskets to agree Terms & Conditions of sale and stock control. Due to limited upload speed of non-commercial Internet users you may find that this impedes sending content. If you experience lengthy uploads then content can be sent to twelvebaskets on appropriate data storage media. (See Contact us page). CHARITIES Twelvebaskets have commission this website in the true spirit of supporting worthy causes and we agree that 10% of all profits that we accrue from the website will be equally distributed to the featured charities as nominated by twelvebaskets. We have also made it easy for those contributors who have uploaded content for sale on the site, (including content that is free to download) to share part of /or all of your accumulated royalties (See Royalties) with the featured charities. Twelvebaskets reserve the right to select new-featured charities at the end of each quarter year. ORDERING Items from this website are only available for ordering via the Internet. If you would like to place an order using an alternative method then please contact us quoting product details, quantity, and your contact and delivery details. (SeeContact us page). SECURITY Your security is very important to us as users of the website. When you place an order with us, the information you send is protected by Secure Server software (SSL) and encrypted. After you've selected the items you wish to order, your browser will go into 'secure mode' (usually indicated by displaying a padlock) before asking for any of your details. On completing your purchase, you will leave 'secure mode'. Security of personal details are covered by the Data protection Act 1998 (see Privacy Policy ). Data Protection Registration No: Z9546927 PRICES All prices shown are in the currency of £ GBP (British pounds sterling) and are inclusive of VAT where applicable. PAYMENT FOR GOODS By Post - Cheques are to be made payable to twelvebaskets. If paying by cheque please put your cheque guarantee card number (long number NOT the 3 digit security number) and expiry date on the back of the cheque. By Internet - Credit / Debit cards, we accept Visa, MasterCard, Switch/Maestro, Solo and American Express. Twelvebaskets website is both safe and secure, we protect your security with 128-bit SSL software to encrypt your credit/debit card information when you place an order. When you click on the 'Proceed' button you will see that the address changes and is followed by a very long series of characters. The https:// part of this address indicates that you are now on a secure server and it is further confirmed by the padlock logo (or key) appearing on your web browser. Any goods that are freely available depending on your type of membership will be downloaded without charge. DELIVERY All goods downloaded from the site are instant delivery. Any items ordered using alternative methods (see Ordering) Twelvebaskets will try to despatch within 5 working days of the order being received, however this may not always be possible due to unforeseen events such as temporarily being out of stock. Therefore please allow up to 28 days for delivery. We currently use one method of Delivery, ‘Royal Mail’ that will be delivered with your normal mail. Should your order be returned to us undelivered, we reserve the right to charge a redelivery fee for sending the goods out a second time. If you would like to make special arrangements for delivery then please contact us directly. Twelvebaskets will review the delivery options from time to time and may incorporate the use of other Express Delivery options at a later date. POSTAGE & PACKING Postage & Packing charges are only applicable if placing an order that is not obtainable directly (downloaded) from the Website. Our postage charges work on a sliding scale based on Royal Mail prices. (These will be updated in line with any amendments made by Royal Mail). Our current P&P charges are as follows: 1-2 Products £3 3-5 Products £4 6+ Products FREE The postage & packaging charged on any order can be viewed in the shopping basket. ROYALTIES In the spirit of building a community of contributors who are prepared to share their work for the benefit of others and to promote the sharing of resources, twelvebaskets are building into the website a Royalty payment system. Royalties are accrued differently depending on whether content was purchased or downloaded freely (as in the case of images and certain articles). For downloads of free media by Gold members (images and certain articles) royalties will be accrued on the first download by any Gold Member (i.e. if a Gold Member downloads a given free item more than once, royalties will be accrued only once). CALCULATING ROYALTIES Royalty payments are calculated in two ways depending on the product Purchasable items: (Movies, PowerPoints, Music, Books etc) unless otherwise agreed with twelvebaskets, payments with be calculated as follows. After operating costs are deducted, the balance with be split between the contributor and twelvebaskets on a 50/50 basis. All of these items with be available to any site visitor on a buy now basis. Images and Written work: Although any visitor to the site will be able to search and view thumbnails of all of the images and written pieces, only Gold members will be able to download and use them. Gold membership currently costs £25 per year. When a new Gold member joins, £8 of this fee is paid into the next 4 quarters contributors’ royalty holding fund. At the end of the trading quarter, all the money in that months fund will be divided by the number of downloads in that trading period and split between the contributors who have had work downloaded in that quarter (One download = one share of that quarter’s royalty holding fund). Only one download per file, per member will be counted. Payments: Payments are paid into the contributor’s website account. The balance can be used in one of three ways: It can be spent purchasing products or membership on the site It can be donated to one or more of the sponsored charities When their balance totals more than £20, a contributor can request a cash payment Or any combination of the above. Requests for cash payments must be submitted to twelvebaskets by the 15^th of the given month. Payments will be made at the end of the calendar month. REFUNDS & EXCHANGES In the unfortunate event of an item (purchased) being damaged or faulty which in your opinion is due to a manufacturing error please return the item immediately for our inspection. Please note that we may have to return the item to the manufacturer for inspection. Items deemed to be a manufacturing fault will be replaced free of charge. RETURNS Twelvebaskets will refund or exchange any unsoiled item that has been purchased and despatched by Post (with proof of purchase attached) returned to us within 14 days of original delivery date. You can claim a full refund less postage or alternatively exchange the item. We advise that you use the Post Office Parcel service, for parcels valued over £20 or if the parcel is valued below £20 obtain a proof of postage certificate. Twelvebaskets is not liable for returned parcels lost in transit, in the event of any claim it is the sender who is responsible for processing the claim. RIGHT TO CANCEL In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you have an unconditional right to cancel your (purchased) order within 7 working days of delivery. EXPORT RESTRICTIONS Twelvebaskets have no export restrictions in place but reserve the right to impose such restrictions should the need become necessary on the grounds of political, religious or humanitarian reasons. COPYRIGHT IMAGES OBTAINED FROM THIS WEBSITE ARE FREE TO USE FOR ALL NON-COMMERCAL USE BUT MUST RESPECT THE TERMS AND CONDITIONS OF THE SITE. FOR COMMERCIAL USE PLEASE CONTACT TWELVEBASKETS WHO WILL NOTIFY THE CONTRIBUTOR FOR (a) PERMISSION and (b) TO AGREE TERMS OF USE. All intellectual property of twelvebaskets such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of twelvebaskets. All content contained within the Website are the property of twelvebaskets and its contributors. By submitting items on to the Website you are declaring that they are of your own work and thereby you remain to be the copyright holder, or you have obtained copyright permission. The “Contents” may only be used and copied for your own, non-commercial (see For Commercial Use), personal, educational or church purposes, provided that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way, or use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any immoral materials. By using the Website you agree to respect the intellectual property rights of twelvebaskets and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website, unless you have entered into a separate agreement endorsed by written permission with twelvebaskets. You may not build an image collection, archive, gallery, or any other type of project that would encourage visitors to download or save images that you have downloaded from the web. You absolutely may not give permission to download the images from your projects, redistribute, or sell in any way, unless you have obtained written permission from twelvebaskets. Twelvebaskets will consult with and obtain persmission from the copyright holder. Twelvebaskets respects the intellectual property of others, and we ask our users to do the same. Twelvebaskets may, in appropriate circumstances and at its discretion, terminate the accounts or privileges of users who infringe the intellectual property rights of others. LIMITATION OF LIABILITY Twelvebaskets takes steps to prevent computer viruses from being transmitted via electronic data transfer, but cannot guarantee that our website, e-mails or linked websites do not contain computer virus code. You are therefore strongly advised to undertake anti virus checks. Twelvebaskets will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website. Twelvebaskets reserve the right to delay or cancel your order at anytime due to manufacturing difficulties, or circumstances outside of our control. Twelvebaskets do not accept any liability under copyright law for items uploaded to the site by members. Any infringement of these laws will be the sole responsibility of the contributor as detailed in the ‘disclaimers’ ‘acceptance of terms’ and ‘copyright’ sections of the sites Terms and Conditions. All other Terms and Conditions apply. DISCLAIMERS By submitting items on to the Website you are declaring that they are of your own work or you have obtained copyright permission. Twelvebaskets are not liable for any works submitted to the Website that infringe copyright laws. The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision. The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website. THIRD PARTIES The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites. SEVERANCE If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force. GOVERNING LAW AND JURISDICTION This Agreement will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.