Surface Pattern Marketplace

Terms and Conditions

Please read these terms prior to purchase – 

On a purchase, you will be asked to agree to these terms and conditions before you place an order for a digital product from our marketplace.

Explanation –

In these terms and conditions of a sale, “we” or “our” means – ‘Surface Pattern Marketplace’, and “you” means our customer or potential customer/ buyer for our digital products.

Acceptance – 

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

Order Procedure – 

Choose which product you wish to purchase:

  • Standard License Designs – Royalty-free designs for personal use – you can view, select and add to your cart.
  • Extended License Designs – For commercial use up to 500 units – you can view, select and add to your cart.
  • Premium License Designs – Our exclusive buy out designs – unlimited use, and removed from the site on a purchase. You must register to view these exclusive buyout designs.

For more detailed information on our licenses, please visit our licenses https://surfacepatternmarketplace.com/licenses/

Quick Buyer Registration – 
  • Buyer registration is a simple and quick process, when registered you can log back in to view premium license designs and choose a design to purchase, and add to your cart.
  • Registration, when you have registered you will have your own personal dashboard where you can view your orders, downloads, and have access the premium license designs.
Checkout –
  • In the checkout, select your method of payment:
  • Pay Pal will handle your payment; – You don’t have to have a pay pal account to pay, simply choose guest checkout and add your credit or debit card for payment.
Acknowledgement – 
  • You will be sent an acknowledgement of purchase. We will then confirm with the seller that the design is available and we can full-fill your order, It is at this point you have entered into a binding contract, and you will then be sent further confirmation and a link to download your digital product.
Download –
  • If the design you have purchased is too large for immediate download, the seller will be informed and you will be sent the design file immediately on purchase by secure mail.
  • If for some instance that the design is not available for purchase and we are therefore not able to full-fill your order, you will be notified immediately.
  • If you have any problems with the download please email us in your first instance on info@surfacepatternmarketplace.com

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

Our terms and conditions are only provided in English.

Before you place your order, please make sure you have ordered the correct design you require, and double check this on checkout before placing your order.

The products – 

Surface Pattern Marketplace Supplies surface pattern and textile designs in a downloadable digital format.

Prices and payment – 

All our products are individually priced on our website. As our website contains a large number of products it is possible that some of the prices on the website may be incorrect. We will verify the price you see on a product and it will be stated when you pay for the product.

Payment must be made on the purchase of your product. The product download cannot be processed unless full payment is received.

Payment for all products must be made through PayPal or debit, credit card.

Prices for products on the surface pattern marketplace can change at any time, but changes will not affect prior contract/purchases that have come into force.

Dispute – 

If you have a dispute about any payment made to us, you must contact us immediately and provide full details about your claim. If you try and submit a fraudulent credit card or debit card you will be liable to pay us within 3 days following the date of the chargeback. The amount stated to on the chargeback. We will also seek to recover all third party expenses incurred by us in relation to the chargeback (including charges made by our and your bank or any payment processor or card issuer, plus an administration fee from us of £15 (Fifteen British Pounds GBP).

Your warranties – 

You warrant to us that:

  • You are legally able to enter into a binding contract, and you have the full authority and rights to agree to our terms of sale.
  • The information you provide on your order is accurate and complete.
  • You are fully able to accept delivery of the products.
Delivery policy – 

All our product purchases are delivered by downloadable digital files, and are sent as a downloadable link via email confirmation to the registered purchaser, or can be downloaded at any time from your buyer’s account.

Responsibility and Ownership – 

The products will be your responsibility from the time of purchase and delivery, and ownership of the products will pass to you on:

  • Delivery of the product.
  • Receipt by us of full payment, and all sums due in respect of the products.
Returns Policy  Direct Customers – 

Under the Distance Selling Regulations, you may cancel a purchase at any time within 7 working days after the day you received the relevant products or products subject to the terms set out below:

  • In order to cancel a purchase in this way, you must give us written notice of cancellation.
  • If you cancel a purchase on this basis, you must promptly return the products to us, in the same condition in which you received them.
  • If you cancel a purchase due to the above reasons, you will be refunded in full, however, you will be responsible for paying the cost of returning the product to us.
  • If you decide to cancel the purchase, and you do not return the products, a refund cannot be given. Unless notified, and we agree to arrange collection of the product from you at our expense, we will pass that expense on to you.
Customers: Statutory Rights – 

If you are a customer, any statutory rights you have, these cannot be excluded or limited, and will not be affected by the terms of sale.

Business Customers: Guarantees – 

This Section applies to business customers only.

We guarantee to business customers that the products purchased from our marketplace will:

  • Conform to all material specification of such products.
  • Our terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to you the business customers hereunder.
  • To the maximum extent permitted by applicable law and subject to all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.
Business Customers: Returns Policy – 

This Section applies to business customers only.

  • Products may only be returned to us with our prior agreement, and at your expense.
  • Any products returned in violation of this section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of the products.
  • When you return products to us in accordance with the provisions of this section, then you will be entitled to replacement products or, where if we agree, a refund of the price paid for those products, including all delivery charges.
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 two weeks from the day we received your valid notice of cancellation.

Forced Event – 

In this Section a “forced event” means:

  • Any event which is beyond our reasonable control.
  • The unavailability of products.
  • Power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
  • Where a forced event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the forced event.
Limitations and Exclusions of Liability – 

Nothing in the terms of sale will:

  • Limit or exclude the liability of a party for death or personal injury resulting from negligence.
  • Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party.
  • Limit any liability of a party in any way that is not permitted under applicable law.
  • Exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
  • The limitations and exclusions of liability set out in this Section (and elsewhere in the terms of sale).

Are subject to the preceding paragraph:

  • Govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
  • We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
  • If you are a business customer, we will not be liable to you in respect of any loss or corruption of any data, database or software.
  • If you are a business customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.
Business Customers: Indemnity – 
  • If you are a business customer –
  • You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses, and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
Contract Cancellation – 

We may cancel a contract to supply products to you made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

  • You cease to trade.
  • You become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you.
  • A person appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court.
  • The ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
  • Any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
Consequences of Cancellation – 

Upon the cancellation of a contract: 

  • We will cease to have any obligation to deliver products which are undelivered at the date of cancellation.
  • You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
  • All the other provisions of these terms of sale will cease to have an effect.
The scope of These Terms of Sale – 

Our terms of sale do not constitute or contain any assignment or license of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

The Surface Pattern Marketplace Summary of Terms – 

All your personal information that we collect in connection with your order. will be in accordance with the terms of the surface pattern marketplace privacy policy; The use of our website will be subject to our website terms of use.

The contracts under these terms of sale may only be changed in writing signed by both you and us. Occasionally we may need to revise these terms of sale, but such revisions will not affect any prior terms and conditions and any contracts which we have already agreed with you.

If any part of these terms and conditions are found to be invalid by any court, within the jurisdiction of England and Wales the remaining provisions will remain in full force and effect, and any invalid or unenforceable provisions or portion thereof will be excluded.

Each contract that the Surface Pattern Marketplace enters into under these terms and conditions of a 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, or agree to any amendment, under such contracts is not subject to the consent of any other person who is not a party to the contract.

Copyright Infringement Policy – 

In accordance with the Digital Millennium copyright act (“DMCA”) and other applicable laws, SURFACE PATTERN MARKETPLACE has adopted a policy of terminating, in appropriate circumstances and at SURFACE PATTERN MARKETPLACE’S sole discretion account holders who infringe the intellectual property rights of SURFACE PATTERN MARKETPLACE or any third party.

Copyright Complaints – 

If you believe that any material on the site infringes upon any copyright that you own or control, you may file a notification of such infringement with our copyright Department to:

info@surfacepatternmarketplace.com

Trademarks – 

The Surface Pattern Marketplace logo, design, layout, and style is a trademark of the Surface Pattern Marketplace and may not be copied, imitated or used without prior permission from SURFACE PATTERN MARKETPLACE.

Links – 

You may not use the SURFACE PATTERN MARKETPLACE logo to link to our marketplace without prior permission and written authorization.

These terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our marketplace, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our surface pattern marketplace 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 surface pattern marketplace.

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

Hope Gap Designs T/A Surface Pattern Marketplace.com.

If you have a question, comment or request regarding our terms and conditions or any concerns about any information on our marketplace please contact us:

On – info@surfacepatternmarketplace.com.

Surface Pattern Marketplace