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Terms & Conditions

Please read these terms and conditions.

 

Terms and Conditions Specific to Printing, Personalising, Print on Demand and the Supply of our Courses, Guides and Services.

 

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just phone us on  (0044) +7771741576.  

Branded & Covered, also known as “Branded and Covered”, “B&C”, “the Company”, “we”, “us” and “the Website” for the purposes of these Terms & Conditions, is a division of Wild1seven.

All visitors to the Website (also known as “the User”, “Customer”, “Client”, “Student”, “Alumni”, “You” and “Your”), when purchasing our Goods, Courses, Guides and Services, should be aware of our Terms & Conditions as set out below.

 

 

1. Intellectual Property

We take Intellectual Property extremely seriously.  By helping you and teaching you to upload designs (or, in the case of our VIP offering, uploading designs supplied by you on your behalf) we are not taking over your legal responsibilities and obligations regarding trademark or copyright infringement.  We will always do our best to advise you in these matters, but cannot be held responsible if you publish images or work that you do not have the rights to use, regardless of our advice or teachings.

It is of the utmost importance that you respect other people’s work, creativity, copyrights and trademarks.  The legal responsibility remains with you and will not be transferred to Branded & Covered.

You must own or obtain the permissions, consents, licences or otherwise to create and share with us any images, designs, artwork, logos, branding, text, fonts, phrases or names.  We are not responsible for any omissions on your part and liability remains with you.

With respect to the B&C Website, you cannot in any form or by any means use, adapt, store, distribute, reproduce, print, perform, display, publish or create derivative works from any part of this Website or commercialise any information, products or services obtained from this site without our written permission, with the exception of sharing your links from our Marketplace as per the conditions of the Course, Guide or Service you have purchased.

We reserve the right to take appropriate action to restrain or prevent the infringement of our Intellectual property rights.

 

2. Our Liability to You

Our liability extends only to the total amount of fees paid by you when purchasing Goods, Courses, Guides or Services from our Website.

We are not liable beyond the provision of the purchased Goods, Courses, Guides or Services, in any indirect, special or consequential loss, any loss of profits or anticipated profits, or loss of reputation, business or other third party claims.

We are not liable for circumstances which would reasonably held to be beyond our control, such as industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, government action or similar.

 

3. Linked Websites

B&C are not responsible for any of the websites or services linked to our site, except for those also owned by Wild1seven.

 

4. Disclaimer

Our offerings are not “get rich quick” schemes.  The intention of our provision of Courses, Guides and Services is to give you training and, in the case of our VIP Services, a done-for-you offering. 

We cannot represent or guarantee that the B&C Website and its Goods and Services are free from viruses or errors.

We do not guarantee the work of third parties.

 

5. Amendments

We may amend the terms, notes and content of this agreement from time to time.  Information regarding any changes to our Terms & Conditions will be posted on our Website www.brandedandcovered.com and we will also notify or Newsletter mailing list.  If you are not subscribed to our mailing list but would like to be, sign up here.

Continued use of our Website and its various offerings will be taken as acceptance of the new terms.

 

6. Our Goods, Courses, Guides and Services

Via our Website, we offer Goods, Courses, Guides and Services which may be in the form of digital content, printable PDFs, pre-recorded video content, live video content, Zoom meetings, webinars or face-to-face presentations or lessons.

We also offer, through the Website, services, including, but not limited to, our VIP “done for you” services.

We provide a Marketplace for our former and current students and clients, “our alumni”, to link their own products, services and courses.

We take no responsibility or liability for the content, quality and delivery of these offerings.

 

7. Third Parties

We use a variety of third parties in the day-to-day running of the B&C business. 

If there is a Print on Demand platform, a niche or a product you would like to see added to our Website, please suggest it to us in the first instance at hello@brandedandcovered.com and we will consider adding it.

We do not retain payment details or personal information such as your bank account details, PayPal login or password, for third party sites and you always have the opportunity to reset your password if you have any concerns.  Do not disclose your password or login details to anyone.

Any actions or purchases made using your account are your direct responsibility.

If you suspect someone else knows your password you must change it immediately.

 

For many of our Courses, we will teach and guide you to use various third party sites.  As such, you are bound by the Terms and Conditions of each involved site.  We recommend you familiarise yourself with their Terms and Conditions.  We cannot be held responsible for any errors, omissions, cancellations or deletions of these third parties.

If you have a piece of work removed by a third party site and/or your account with them deleted due to, for example, use of a trademarked item, the responsibility lies solely with the creator, i.e. you.

 

8. Alumni Benefits

Entrance to our Marketplace is entirely voluntary; there is no pressure on you to add your merchandise, goods, courses or services to the Marketplace.

The Branded & Covered Alumni Group on Facebook is free for the first 3 months following your purchase of PODSTART, Create Your Own Merch or VIPPOD. To continue your membership after the 3 month initial period you will need to pay a monthly subscription of £12.99. Failure to pay your subscription will result in a further attempt to process the payment, and, if that also fails, you will be removed from the group.

The only way to join the Alumni Group is to have purchased any of the Branded & Covered Courses, Guides, Services or Packages.

 

9. Eligibility

We are bound by UK law and the rules of our third parties, and as such our Goods and Services are not available to persons under 18 years of age.

 

We reserve the right to refuse content, either in the Marketplace or in the course of running our Website and its offerings if the subject matter is, or could be considered to be, racist, likely to incite violence or hatred, or otherwise inflammatory or inherently likely to cause deep offense, including defamation, obscenity, anti-religion, pornographic, indecent, harassing, threatening, invasive of privacy or abusive.

 

10. Unsubscribing/Closing Your Account

You may unsubscribe from our mailing list, end your subscription to the Alumni Group or close your account at any time without repercussion or recrimination.

 

11. Courses, Guides and Services

When you purchase Goods or a Course, Guide or Service from us, you must not share or pass on, in part or in full, any of the information or teachings therein.  Our Courses, Guides and Services are for individual use only – you are expressly prohibited from sharing our Courses, Guides and Services.

You may not copy or resell any of our Courses, Guides, Services or Products, or those of our Alumni listed in our Marketplace.

 

12. Payments and Fees: Discounts and Subscriptions

The fees for our Goods and Services are as listed on our Website.  We reserve the right to, from time to time, offer discounts and special offers.

If you purchase one of our courses on a monthly payment plan, failure to make your monthly subscription will be considered cancellation of the remainder of your Course, unless you contact us by email to let us know and arrange payment immediately by mutual agreement.

 

13. Alumni and Contributors

All former Students and other contributors, by submitting their products, courses, services, editorial content and images, pass to us the right to add them to our Website.  We do not take on any risks such exposure might create.  If, for any reason, you would like your items removed, advise us in writing at hello@brandedandcovered.com

 

14. Branded & Covered and Data Protection

In order to carry out our Website operations we, as providers, may gain access to and/or acquire the ability to transfer, store or process the personal data of our customers.

Both parties agree that where such procession of personal data takes place, the customer will be the Data Controller and B&C the Data Processor as defined in GDPR.

We will only process personal data to the extent reasonably required to enable us to supply the customer as requested and agreed by them.

We will not retain any personal information longer than is necessary for carrying out our operations.

We will not disclose personal data beyond the scope of our Goods and Services offerings.

Our Website has been created with Wix and our payments are processed by Wix Payments or PayPal.

See also points 57 – 62 below regarding our Privacy Policy.

 

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General Terms and Conditions

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Application

1. These Terms and Conditions will apply to the purchase of the Goods and Courses, Guides and Services (detailed hereafter as Goods and Services, Goods and/or Services) by you (the Customer or you).  We are Joanna Trafford trading as Branded & Covered of  Hadrians Walk, Lincolnshire, LN68JS   with  email address hello@brandedandcovered.com;   telephone number 07771741576;   (the Supplier or us or we).

2. These are the terms on which we sell all Goods and Services to you. By ordering any of the Goods and Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Goods and Services from the Website if you are eligible to enter into a contract.

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Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods and Services;

5. Delivery Location means the Supplier's premises or other location where the Goods and Services are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods and Services means the Goods and Services advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer's order for the Goods and Services from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website  on which the Goods and Services are advertised.

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Goods and Services

11. The description of the Goods and Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods and Services supplied.

12. In the case of any Goods and Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Goods and Services which appear on the Website are subject to availability.

14. We can make changes to the Goods and Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

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Personal information

15. We retain and use all information strictly under the Privacy Policy (points 57-62, inclusive).

16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

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Basis of Sale

17. The description of the Goods and Services in our website does not constitute a contractual offer to sell the Goods and Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

19. A Contract will be formed for the sale of Goods and Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods and Services supplied under the Contract.

20. Any quotation for bespoke orders is valid for a maximum period of  14  days  from its date, unless we expressly withdraw it at an earlier time.

21. No variation of the Contract, whether about description of the Goods and Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

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Price and Payment

23. The price of the Goods and Services and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

24. Prices and charges include VAT at the rate applicable at the time of the Order.

25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods and Services.

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Delivery

26. We will deliver the Goods and Services either by download, arranged meetings online or in person, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.  Digital Downloads are immediate and Zoom courses are delivered as advertised and arranged.

27. In any case, regardless of events beyond our control, if we do not deliver the Goods and Services on time, you can (in addition to any other remedies) treat the Contract at an end if:

  1. we have refused to deliver the Goods and Services, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

  2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods and Services or rejecting Goods and Services that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods and Services. If the Goods and Services have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

30. If any Goods and Services form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the Goods and Services or the character of the unit) you cannot cancel or reject the Order for some of those Goods and Services without also cancelling or rejecting the Order for the rest of them.

31. For Orders for delivery outside England, Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands , you may need to pay import duties or other taxes, as we will not pay them.

32. You agree we may deliver the Goods and Services in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods and Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

34. The Goods and Services will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods and Services before accepting them.

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Risk and Title

35. Risk of damage to, or loss of, any Goods and Services will pass to you when the Goods and Services are delivered to you.

36. You do not own the Goods and Services until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods and Services still owned by you, in which case you must return them or allow us to collect them.

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Withdrawal, returns and cancellation

37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following Goods and Services (with no others) in the following circumstances:

  1. Goods and Services that are made to your specifications or are clearly personalised;

  2. Goods and Services which are liable to deteriorate or expire rapidly.

  3. We do not offer refunds or have a “try before you buy” policy for any of our Digital Downloads.

39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstance:

  1. in the case of any sales contract, if the Goods and Services become mixed inseparably (according to their nature) with other items after delivery

Right to cancel – NB please observe the exclusion detailed above in 38(1) regarding personalised Goods and Services. Therefore, the rights set out below are relating to our non-personalised items only.

40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods and Services. In a contract for the supply of Goods and Services over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.

42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

43. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.

44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you excluding delivery charges when you have opted for a delivery service beyond our standard Royal Mail UK First or Second Class Service.

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Deduction for Goods and Services supplied

46. We may make a deduction from the reimbursement for loss in value of any Goods and Services supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods and Services beyond what is necessary to establish the nature, characteristics and functioning of the Goods and Services: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

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Timing of reimbursement

47. If we have not offered to collect the Goods and Services, we will make the reimbursement without undue delay, and not later than:

  1. 14 days after the day we receive back from you any Goods and Services supplied, or

  2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods and Services.

48. If we have offered to collect the Goods and Services or if no Goods and Services were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

49. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

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Returning Goods and Services

50. If you have received physical Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at    Hadrians Walk, Lincolnshire, LN68JS without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

51. For the purposes of these Cancellation Rights, these words have the following meanings:

  1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

  2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of Goods and Services to a consumer and the consumer pays or agrees to pay the price, including any contract that has both Goods and Services and services as its object

 

Conformity

52. We have a legal duty to supply the Goods and Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

53. Upon delivery, the Goods and Services will:

  1. be of satisfactory quality;

  2. be reasonably fit for any particular purpose for which you buy the Goods and Services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and

  3. conform to their description.

54. It is not a failure to conform if the failure has its origin in your materials.

 

Successors and our sub-contractors

55. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

56. In the event of any failure by a party because of something beyond its reasonable control:

  1. the party will advise the other party as soon as reasonably practicable; and

  2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

 

Privacy

57. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. No transmission of data over the internet can be guaranteed as totally secure.  Whilst we do everything we can to protect your information, any information you transmit is done so at your own risk.

58. These Terms and Conditions detail our Privacy Policy as follows:

59. For the purposes of these Terms and Conditions:

  1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

  2. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

  3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

60. We are a Data Controller of the Personal Data we Process in providing Goods and Services to you.

61. Where you supply Personal Data to us so we can provide Goods and Services or our Newsletter to you, and we Process that Personal Data in the course of providing the Goods and Services or Newsletter to you, we will comply with our obligations imposed by the Data Protection Laws:

  1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

  2. we will only Process Personal Data for the purposes identified;

  3. we will respect your rights in relation to your Personal Data; and

  4. we will implement technical and organisational measures to ensure your Personal Data is secure.

62. For any enquiries or complaints regarding data privacy, you can contact  the owner of the business at the following e-mail address: hello@brandedandcovered.com.

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Please find our Full Privacy Policy here

 

Excluding liability

63. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods and Services wholly or mainly for its business, trade, craft or profession.

 

Governing law, jurisdiction and complaints

64. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

65. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

66. We try to avoid any dispute, so we deal with complaints in the following way: if you are not happy with your product please email us in the first instance, giving full details of your order number, order date and complaint. We will aim to respond with an appropriate solution within 5 days.

 

Attribution

67. These terms and conditions were created using a document from Rocket Lawyer ().

 

Model cancellation Form

To 
Joanna Trafford trading as Branded & Covered and Wild1seven 

 

11 Hadrians Walk 
Lincolnshire 
LN68JS 
    

 

Email address:  hello@brandedandcovered.com
 

Telephone number: 0044 7771741576 
    
 

 

 

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Goods, Course(s), Guide(s) or Service(s)

______________________________________________________________________________

 

 Ordered on [*]/received on [*]______________________(date received) 
 
 

 

Name of consumer(s): 
 
 
 

 

Address of consumer(s): 
 
 

 

 

Signature of consumer(s) (only if this form is notified on paper)

 

Date

 
 
[*] Delete as appropriate.

 

 

 

 

This Agreement is governed by and interpreted according to the law of England and Wales.

 

All of our Products, Courses, Guides and Services are protected by copyright.

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