Terms of Supply

1. This document contains very important information regarding your rights and obligations as well as conditions, limitations and exclusions that might apply to you. These terms require the use of arbitration to resolve disputes, rather than jury trials. By placing an order for products or services from this website, you accept and are bound by these terms and conditions. 
You may not order or obtain products or services from my website if you (A) do not agree to these terms, (B) are not the older of (i) at least 18 years of age or (ii) legal are to form a binding contract with The Visioner Co. Ltd, or © are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law. 

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.thevisiooner.co (the "Site") pages and accounts on Instagram®, Pinterest®, Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms, my Terms of Use, and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed below so that you may compare different versions to determine what, if any, changes have been made.

2. Order Acceptance and Cancellation. 
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. Delivery of any files to you constitutes acceptance, and therefore, the creation of binding, the contractual agreement between you and The Visioner Co. Ltd. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between The Visioner Co. Ltd and you, will not take place unless and until you have received your order confirmation e-mail. All partial payments agree to these terms and agree that no products will be sent until after full payment is made.


3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling, if applicable. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Paypal, Stripe and Partial payments/Payment plan through our third-party eCommerce portal Sendowl for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes if any.

4. Delivery; Title and Risk of Loss.
Digital products are delivered via file transfer using third-party email programs. Therefore we reserve the right not to be liable for any missing emails or emails been delivered into your spam/junk folder. However, if you do not receive a digital download within 1 of calendar days of your purchase (or final payment of any payment plans), or in the case of physical products, you must notify us within 5 days of the originally scheduled delivery date. 

5. Returns and Refunds. 
Due to the digital nature of the products offered on this site, returns are not accepted as intangible, digital products are impossible to return. All sales are final. Products are non-refundable. Including but not limited to all website templates, branding kits, social media template, website wireframes, or any other intangible products. 

6. Limited Warranty. 
Due to the digital nature of the products, the warranty is not applicable.

7. Intellectual Property Use and Ownership. 
You acknowledge and agree that:
(a) Each product and service marketed on this Site is made available solely for license, not a sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
© The Visioner Co. Ltd is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.


ADDITIONAL TERMS AND CONDITIONS

Governing Law. The Parties have entered into this Agreement in the United Kingdom and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement, shall be determined in accordance with the laws of the United Kingdom, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the United Kingdom, and that venue of any action will be located in the District Court. 
Binding Effect. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. 
Indemnification. To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from the breach of this Agreement. 

BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE UNITED KINGDOM, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

Equitable Relief. You acknowledge and agree that in the event of a breach or threatened violation of The Visioner Co. Ltd’s intellectual property rights and confidential and proprietary information by you, The Visioner Co. Ltd will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Visioner Co. Ltd may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the courts of England and Wales for purposes of any such action by The Visioner Co. Ltd.

Compliance with the law. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

No Waiver. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. 

Force Majeure. Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Last updated September 01, 2020