Terms & Conditions
The www.disturbia.co.uk website is operated by:
Disturbia Clothing Ltd.
VAT registration number: GB828120349
Nelson Park West
+44 (0)1670 736973
This website is operated by Disturbia Clothing. Throughout the site, the terms “we”, “us” and “our” refer to Disturbia Clothing. Disturbia Clothing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - PERSONAL INFORMATION
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Disturbia Clothing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Disturbia Clothing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 14 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 15 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.
SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 - COPYRIGHT
All materials appearing anywhere in this site are protected by worldwide copyright laws and treaty provisions. The copyright on such materials is held by Harper & Willow LTD TA Disturbia. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form by any means without prior written permission.
SECTION 18 - COMPETITIONS
Winner Selection: Prize draw winner(s) will be randomly selected by a computerised random generator from all entries. Disturbia reserves the right to verify winners and ask for proof of identity, age and address and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions. Prizes must be accepted as offered by the named winner. There is no cash or alternative prizes, in whole or part. The prizes are not transferable and cannot be resold.
Winner Notification: The winners will be mentioned on our Instagram account either in a post or story at the time of the event ending and have 14 days from notification to claim their prize. If a winner does not claim their prize within this time frame the promoter reserves the right to withdraw prize entitlement. It is the prize winners sole responsibility to ensure all information is sent to us via email at email@example.com within the above time frame.
Winner Responsibilities: It is the responsibility of the entrant to provide correct, up-to-date details when entering the prize promotion and acceptance of the prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize. Incomplete, illegible, misdirected or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. No responsibility can be accepted for entries that are incomplete, lost due to technical reasons, corrupted, delayed, wrongly delivered, or not received for whatsoever reason.
Data Protection: Any personal information that entrants share with Disturbia will be kept secure and only used in line with these terms and conditions.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Disturbia Design a T-Shirt Competition Terms & Conditions
Entrants into the Competition shall be deemed to have accepted these Terms and Conditions.
To enter the Competition upload your design to the Competition portal directly onto www.disturbia.co.uk/design-a-tee between before the closing date of 22/05/20
Entries received outside of this time period will not be considered. However, Disturbia reserves the right to extend the closing date at its sole discretion.
The Competition is open to entrants aged 18 or over. Multiple entries per person are permitted. Joint submissions with another person are not permitted.
All entries must be supplied digitally to the Competition gallery portal via the relevant link set out below. Uploads cannot exceed a file size of 5MB and need to be in jpeg format.
Entries must be an original piece of work created by an individual for purposes of this Competition.
Disturbia accepts no responsibility for entries that are delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason or for notifications of wins which are unnoticed (including due to them being directed to spam folders).
Entries will be judged by the Disturbia Creative Team from the entries received in accordance with these Terms and Conditions and the winner will be offered the Prize.
Disturbia’s decision as to the Competition winner will be final and no correspondence will be entered into on this matter. The selection will be made after 22/05/20
Given the subjective nature of the Competition, Disturbia does not warrant, undertake, represent or guarantee that any winner will be selected from the submitted entries or that any winner will have their entry included in any Disturbia advertising, Websites or Services.
The winner will be notified by email on the 26/05/20 and must respond to this notification by email.
If the winner does not respond to Disturbia within 48 hours of being notified, then Disturbia shall be entitled to withdraw the Prize altogether or select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 48 hours or else they will also forfeit their Prize).
If a winner rejects their Prize or the entry is invalid or in breach of these Terms and Conditions, the winner's prize will be forfeited and Disturbia shall be entitled to withdraw the Prize altogether or select another winner.
Disturbia will make reasonable efforts to contact any winner and the winner may be asked to confirm their identity with appropriate documentation.
Disturbia makes no warranties, and to the fullest extent permitted by law, hereby disclaims any and all warranties, express or implied, in connection with the Competition.
The Prize is non-exchangeable, non-refundable, non-transferable, and is not redeemable for any other prizes. Disturbia accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Competition or accepting the prize.
Disturbia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Competition with or without notice for any reason whatsoever.
The Competition will be governed by English law and entrants to the Competition submit to the exclusive jurisdiction of the English courts.
Disturbia will donate 100% of the Net Profits to NHS Charities Together ( https://www.nhscharitiestogether.co.uk/ ). The amount will calculated by deducting manufacturing and operating costs from the final sale price.
How do I upload my design?
Go to www.disturbia.co.uk/design-a-tee , and upload an image via the Image Upload Form and follow the steps to submit your design.
How will my entry and any other details submitted by me be used?
By submitting your entry you warrant and represent that you have the right to grant the licence described above. In particular, you promise that you have the permission to allow Disturbia to use the entry. To the extent permitted by law, you also agree to waive your moral rights in relation to any entries submitted.
Uploading your entry may provide you with the ability to interact with social media services. These features may enable integration and/or access to your social media services, your profiles on those services or establish rules about how your personal information on those services will be used. You and the social media providers are in control of those issues, not Disturbia. Please read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features. Disturbia are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.
What shouldn’t I submit as part of my entry?
Please see below a non-exhaustive list of things which you shouldn’t incorporate into the design you submit for entry to the Competition.
Copyrighted/trademarked material: Please don’t incorporate content that infringes or might infringe the rights (e.g. copyright or trademarks) of a third party (such as content that contains any third party content like, trade marks, logos, insignia, photographs or artwork/graphics) into your design.
Abusive Imagery: Please don’t incorporate anything into your design that can be considered harmful, threatening or violent, harassing, abusive, offensive, hateful, inflammatory, discriminatory, profane or considered to be bullying.
Private and confidential material: Please don't post anything that would be considered confidential or private (like work details, credit card numbers, home addresses, any intimate images or images taken without the subject’s consent).
Graphic Content: Please don’t incorporate any obscene, indecent or sexually explicit or other content as part of your design.
Advertising: Please don’t advertise or promote third parties’ or your own goods or services as part of your design.
Links: Don't link to any media or executable files as part of your design.