Mask Terms and Conditions
Please read these General Terms and Conditions carefully. These General Terms and Conditions govern your access and use of www.coddies.com masks (the “Site”) as well as the provision and sale of products and services by Coddies and/or its affiliates and/or fulfillment providers, as the context may require (“Coddies Terms”).
By accessing or using this Site you agree to be bound by these Coddies Terms and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Coddies Terms. Coddies reserves the right to make changes to this Site and to these Coddies Terms at any time without prior notice. You should review these Coddies Terms each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Sandpiper Global Limited. and/or its subsidiaries (referred to herein as “Coddies”) or the copyrighted property of parties from whom Coddies has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Coddies Terms. Coddies reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Coddies remain the property of Coddies and its licensors.
The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Coddies reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Coddies customers may use the design tools to create logos that have similar or identical combinations of these elements and Coddies does not guarantee that your logo will not have similarities to logos designed and used by other parties. Coddies provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Coddies (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Coddies does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Coddies.
You agree to use this Site in a responsible manner that is in full compliance with these Coddies Terms and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Coddies may terminate its service to customers found to be using Coddies to engage in undesirable activities.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Coddies to produce the Products on your behalf. You grant Coddies the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit Coddies to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
Intended Use of Masks
These masks are not medical devices or personal protective equipment (PPE), and are not intended for use by health care professionals or for use in hospitals or health care facilities. These face masks should not be used in:
- Any surgical setting or where significant exposure to liquid, bodily or other hazardous fluids may be expected.
- A clinical setting where the infection risk level through inhalation exposure is high.
- The presence of a high intensity heat source or flammable gas.
Terms of Sale
These Coddies Terms govern any sale to the exclusion of any other terms, including any terms and conditions which you may purport to apply under any purchase order, confirmation of order or other document. Coddies employees are not authorized to make any representations concerning Products unless confirmed by Coddies in writing.
Coddies reserves the right to reject any order without the obligation to assign any reason for so doing. No order shall be deemed accepted by Coddies unless and until it is confirmed unconditionally.
You agree that all details provided to Coddies for the purpose of a purchase will be correct and that the chosen method of payment your property and that sufficient funds or credit facilities are available to cover the full cost of the Products ordered. Coddies reserves the right to obtain validation of your payment details before accepting the any order.
Coddies may combine orders into a single shipment or split an order into multiple shipments. Any dates quoted for delivery of Products are indicative only. Time for delivery will not be of the essence of the contract created by these Coddies Terms and Coddies will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Products howsoever caused.
Transfer of Title
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
Right of Withdrawal
The statutory right of withdrawal (or cancellation right) that applies to consumers who enter into distance selling contracts, allowing the withdrawal from (or cancellation of) a contract within 14 days from receipt of their products without giving any reason or incurring any costs, does not apply to the supply of goods made to the consumer´s specifications or clearly personalised. The products ordered from Coddies are customized by the customer and you can therefore not exercise your right of withdrawal. Our non-customisable masks can due to health protection and hygiene reasons only be returned for refunds if the package seal remained intact after delivery.
For these products and when you are a consumer, you can exercise your right of withdrawal from the agreement we entered into within 14 days from receipt of your order without giving any reasons. If this period expires on a Saturday, Sunday or a public holiday, it is extended until the next business day. To exercise this right of withdrawal that applies solely to the above mentioned products, please send us a letter or use the Contact-Us page, specifying your name, physical address, phone number, email address, order number and which products you wish to return.
We will contact you after we have received your request to determine if the right of withdrawal applies to you as a consumer and the involved products. We will also inform you how we wish you to return the products. Please note that you will be responsible for choosing the shipping method and carrier. All returns are at your ow risk and expenses. Once we have received the products undamaged and in their original packaging, Coddies will refund without delay and no later than 30 days from the date on which this right was exercised, the paid purchase price of the returned products excluding the original delivery costs as well as the costs of returning the products.
You agree that you shall indemnify and defend Coddies and all parties from whom Coddies has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Coddies Terms or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.
Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Coddies’s Satisfaction Guarantee is good for 10 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Coddies´s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer.
Please preview your designs carefully and correct any mistakes prior to placing your order. Coddies does not proof documents created by its customers prior to processing.
Limitation of Liability
IN NO EVENT SHALL CODDIES OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CODDIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM CODDIES OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL CODDIES BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
Coddies will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event outside of its reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or act of God.
The liability of Coddies and its licensors, suppliers, or vendors, and their respective officers, directors, employees, or agents with respect to any and all claims arising out of the performance or non-performance of Coddies’s obligations under the Coddies Terms, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes, shipping and processing) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Coddies in connection with the operation or content of this Site shall be provided by the submitter and received by Coddies on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Coddies. By submitting any such information to Coddies, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Coddies shall be free to use such information on an unrestricted basis.
Governing Law and Severability
The party you are contracting with and the seller of the products and services offered and sold on this Site is Coddies B.V., headquartered in Venlo, the Netherlands. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of the Site or order via any offline method shall be governed by the laws of the Netherlands. Any legal action or proceeding relating to or arising from your access to or use of the Site or order via any offline method shall be instituted in London, UK. You agree to submit to the jurisdiction of courts sitting in London, UK and agree that venue in these courts is proper in any such legal action or proceeding. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Coddies Terms.
We recognise that in some countries, you might have legal rights as a consumer. If you are using the services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract. The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be accessed here: http://ec.europa.eu/odr. We are not willing to enter into a dispute resolution proceeding before the SGC (the Dutch Foundation for Consumer Complaints Boards).