Last updated: 28 Feb 2024
The PostBug privacy policy sets out how we use data relating to you and it forms a part of these terms of use. This privacy policy can be found on our website at https://Postbug.com/policy-privacy
This privacy policy will apply to any contract between us for the sale of Products to you (Contract). Ensure you understand them, before using our Service. If you reject these Terms, you will not be able to use the platform unless an alternate agreement is reached.
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 use the platform, check these Terms to ensure you understand the terms which will apply at that time.
We operate the Service. We are FairSay Ltd, a company registered in England and Wales under company number 5244802 and with our registered office c/o Impact Hub London, 34b York Way, N1 9AB, London, UK, (“Postbug”, “we”, “us” or “our”).
You can contact us by writing to us at support@Postbug.com or FairSay c/o Impact Hub London, 34b York Way, N1 9AB, London, United Kingdom
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.
We only use personal information in accordance with this Privacy Policy. Please take the time to read our privacy policy, as it includes important terms which apply to you.
The Ethical Policy, Privacy Policy, Payments Policy and Terms os use together 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. Any alternative agreement needs to explicit state its relationship to these existing policies.
PostBug operations on a business-to-business model. Thus this contract is between and organisation, group or individual who setup a PostBug action and PostBug. In GDPR terminology, PostBug is the data processor and each client is a data controller. The contract with senders of PostBug-hosted actions are with the data controller.
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.
Our Service will guide you through the steps you need to take to place an order with us. Our onboarding process allows you to check and amend any errors before launching your PostBug action(s) with us. Please take the time to read and check your configuration for each PostBug action during the setup and testing process.
Where you have incorrectly submitted an order, please contact us as per clause 1.2.
We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product for any reason we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
We amend this Privacy Policy from time to time. Please look at the top of this page to see when this Privacy Policy were last updated.
Every time you use the PostBug platform, the Privacy Policy is in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time, or suspend your access to the PostBug platform, under the following circumstances:
If we have to revise these Privacy Policy as they apply to your use the PostBug platform, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Please note that the PostBug platform may vary slightly from the images used on our site, which are for illustrative purposes only. Different devices display colours differently, and so the Products you order may vary slightly from the images you see on the screen, although we have made every effort to ensure that colours, fonts, dimensions and layouts display accurately. The packaging of our Products may also vary from packaging shown in images on our site.
The PostBug platform allows you to customise the Products (for example by including a personal message or images or delivery address). Please make sure that
We will agree with you with an estimated launch date. Occasionally our availability may be affected by an Event Outside Our Control. See clause 16 (“Events Outside Our Control”) for our responsibilities when this happens. To give you an indication, we will aim to have your Products in the post to your intended recipient within 1-5 business days.
Delivery shall be completed when we deliver the Products to the destination address and you will become responsible for Products at the time they are despatched. Please note that we are unable to guarantee delivery to a particular individual, as recipients may share delivery addresses with others, or delegate responsibility for receipt of deliveries to other parties.
If no one is available at the destination address to take delivery and the Products cannot be posted through the letterbox, we may leave a note informing the recipient of how to rearrange delivery or collect the Products from a local depot.
If, after a failed delivery, you or the intended recipient do not re-arrange delivery or collect the Products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract in respect of those Products in which case we may deduct reasonable compensation from any monies refunded to you for the net costs we will incur as a result.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
The prices of the service will be as quoted by our Service at the time or shortly after you specify your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.4 for what happens if we discover an error in the price of Product(s) you have ordered.
Prices for our service may change from time to time, but such changes will not affect any order you have already placed.
The price excludes national taxes like VAT/GST. Where this applies you will be notified. If the rate of VAT/GST changes between the date of your order and the date of delivery, we will adjust the VAT/GST you pay, unless you have already paid for the Products in full before the change in VAT/GST takes effect.
It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and use all our reasonable efforts to notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
You can pay for Products via bank transfer, online payment processors, certain debit or credit cards as indicated through the Service. Please note that you are responsible for paying any currency exchange, or other payment charges.
Payment for Products and all applicable delivery charges is in advance. We will not dispatch any Products until we have received your payment in full.
You may also purchase Postbug Credits (Credits) through the Service, which may be used to pay for Products and for other purposes indicated by the Service.
When placing an order, at the checkout the Service will let you know whether you have enough Credits to purchase all or part of the Products you would like to order, and give you the option of either using Credits or paying by debit or credit card, or a combination of both. If you decide to use Credits, that shall be treated as a payment by you to purchase Products from us.
Credits are non-transferable, and if you do not use any Credits for a continuous period of 12 months those Credits will expire.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
For most products bought online you have a legal right to change your mind within 14 days and receive a refund (for instance under the UK Consumer Contracts Regulations 2013), however as the products we supply 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, you do not have a right to cancel an order and obtain a refund.
Tell us you want to end the contract. To end the contract with us in accordance with these Terms including those circumstances set out at clause 11.2 above, please let us know by doing one of the following:
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Where you are entitled to a refund, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in these Terms. We will make any refunds due to you as soon as possible.
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
IF THERE IS A PROBLEM WITH THE PRODUCT
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 box below for a summary of your 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.
15.4 Subject 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.