Last updated: 28 Feb 2024
This payments policy provides the specific legal terms and conditions (terms) on how we handle payments from people sending printed items and/or prepaid and contracted printed items clients agree to pay for the printing and postage of via the Postbug platform (our Service). It only applies if your PostBug actions are taking payments via the PostBug platform technology. This Payment Policy is available at https://postbug.com/policy-payments
This Payments Policy acts as basic contract between us (PostBug) and to you (client). You are responsible for reading these Payments Policy and make sure you understand them before using any Products and services through our Service. Before using the PostBug platform you need to agree to these Terms. If you cannot accept these Terms, we can agree alternative terms and/or these terms may be revised to accomodate your needs.
We amend these Terms from time to time as set out in clause 6 (“Our Right To Vary these Terms”). Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
Since PostBug is a business-to-business service, under GDPR terminology, PostBug acts as the data processor while the organisation, group or individual setting up and hosting PostBug actions is the data controller. As such, issues with payments will be dealt with through the data controller and the data controller will deal with those who make the payments. While these are the default terms on which senders payments will be treated, it is up the the data controller to determine how these rights are communicated to the senders.
These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter unless otherwise agreed and documented.
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
There are two scenarios under these terms, each of which have slightly different implications and thus terms:
Senders can pay for Products online payment processors and debit or credit cards as indicated through the Service. Senders are responsible for paying any currency exchange, or other payment charges.
Payment for sending and all applicable delivery charges is notified through the platform at the time of sending. We will not dispatch any Products until we have received the payment in full.
Senders may also purchase Postbug Credits (Credits) through the Service, which may be used to pay for other senders to send for free and/or transferred to other PostBug hosted actions. Donations may also be enabled which are transferred to the host organisation after all processing fees have been deducted.
Credits are non-transferable to other organisations without explicit agreement, but are transferable between actions within 12 months. If you do not use any Credits for a continuous period of 12 months those Credits will expire.
For most products bought online, buyers have a legal right to change their mind within 14 days and receive a refund under the UK Consumer Contracts Regulations 2013. However as the printed and posted PostBug supplies are clearly personalised, these rights do not apply. So, other than as expressly set out in these Terms, such as where the products are faulty, the sender and the data controller do not have a right to cancel an order and obtain a refund.
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 20 7993 4200 or write to us at support@Postbug.com
We are under a legal duty to supply products that are in conformity with this contract. See the below for a summary of sender's key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44 3454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4Subject to clauses 15.1 and 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
8 We both agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims). If you live in Scotland or Northern Ireland you may also bring legal proceedings in respect of the products in your local courts.