Terms & Conditions

Introduction

  1. These terms and conditions, along with any other documents referred to in it (together the “Terms”), sets out the legal terms and conditions under which we, CM ROW Fulfilment ltd (“Mayzing”, “We”, “Us”, “Our”), provide our print-on-demand platform (the “Platform”) and related services (together, the “Mayzing Services”) to you and/or to the business you represent (the “Designer”, or “3rd Party Store Owner” or “You”, “Your”) and the provision and licensing of your content (“Designer Content”) to Us.
  2. Mayzing’s Platform enables You to provide your designs and create products (each a “Product”) and to set up a Mayzing store (“White Label Store”) and separate campaigns to advertise those Products (each a “Campaign”) with a view to making those Products available for purchase by potential customers (“Purchasers”). In this instance Mayzing remains the merchant of record (“Merchant of Record”) 
  3. Mayzing’s platform also offers You the opportunity to connect your 3rd Party channel (e.g. Shopify, CSV, API) and have orders fulfilled by the Mayzing production network (“3rd Party Fulfilment - 3PF”). In this instance Mayzing is not the Merchant of Record.
  4. By registering for and using the Platform, You, the Designer or 3rd Party Store Owner agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform. You agree to follow our reasonable instructions regarding your use of the Platform. In addition, other important terms and conditions will also apply to your use of the Platform, depending on your use of the Platform and Mayzing Services, including:
  5. The Mayzing Privacy Policy, which sets out the terms on which Mayzing processes any personal data collected from Designers and Purchasers; and
  6. The Mayzing Copyright and Trade Mark Policy, which explains your responsibilities to respect and not to infringe the intellectual property rights of others, and the process to be followed if any such infringement is identified or alleged.
  7. You are contracting with CM ROW Fulfilment Ltd, trading as Mayzing, a company registered in England and Wales under company number 13215934 and GB VAT number 353224326 and with its registered office at 6th Floor, One London Wall, Barbican, London, EC2Y 5EB, United Kingdom. Please contact us if you want further information.

Creating an account on Mayzing 

  1. You must register with us by completing the online registration process. You must provide any information marked as being mandatory
  2. All information You provide must be complete, accurate and truthful. We reserve the right to suspend or cancel your account and any active Stores if this is not the case.
  3. You will also need to select an email address and/or other username as requested and a password at the time of registering with us. You must keep your password confidential. You must notify Mayzing immediately if: (i) You believe your password has been or may be obtained or used by any unauthorized person; or (ii) You become aware of any other breach or attempted breach of the security of your registered account. We will use any Personal data which You provide to Us in accordance with the Mayzing Privacy Policy.
  4. You must be at least the legal age of majority relevant in your territory (typically, this will be 16 or 18 years old) and be legally competent to enter into these Terms.
  5. You acknowledge and agree that your account details are personal to You. You must not transfer your account, or the management of any Store or Campaign to another person without our written approval.
  6. We reserve the right to suspend or remove your account, and any store or account linked to that account, if it remains inactive for one year or more. Inactivity includes, but is not limited to, where an account or campaign does not have any sales during the relevant period

Designer content

  1. The Platform allows the Designer to submit your Designer Content including but not limited to images, photographs, graphics, designs, artwork, text or logos applied to and used for a Product and the name/title and description of a Store or Campaign. The term Designer Content also includes, for the purposes of these Terms, any comment, forum or other communication posted or published by the Designer on the Platform.
  2. You (or the relevant third party owning the rights in question) will retain the sole ownership of the Designer Content uploaded by You to the Platform. In submitting Designer Content to the Platform, You expressly grant to us a worldwide, royalty-free, perpetual, transferrable, sub-licensable, non-exclusive, right and licence to use and reproduce the Designer Content for the purposes contemplated under these Terms. You also authorise any incidental use of your Designer Content for the purposes of promoting Mayzing and/or the Mayzing Services.
  3. You are solely responsible for the creation and provision of the Designer Content that You submit to the Platform, and bear all liability and costs associated with its creation, editing, use and publication on the Platform, including (but not limited to) any royalties or other compensation otherwise payable to third parties in connection with its use.
  4. We do not guarantee the control, monitoring or pre-screening of the use of Designer Content on the Platform by Designers. The extent of our responsibilities and liability in relation to Designer Content is set out in these Terms and in Our Copyright and Trade Mark Policy.
  5. You acknowledge that providing Designer Content and setting up and running of a White Label Store (WLS) or using 3rd Party Fulfilment Services (3PFS) is subject to Mayzing’s Copyright and Trade Mark Policy and the Acceptable Use Rules, which You must read before setting up a Store and which You must comply with. You also agree to follow any reasonable guidelines and instructions provided on our Platform and/or by Mayzing personnel, including as regards to quality control and appropriateness of your Design Content to the Platform and production and fulfilment process.
  6. We are not obliged to use or publish your Designer Content on the Platform and we reserve the right to takedown any or all of your Design Content, at any time, and at our sole discretion, including (but not limited) to where Designer Content does not comply with Mayzing’s Copyright and Trade Mark Policy or the Acceptable Use Rules.
  7. Where you are in breach Mayzing’s Copyright and Trade Mark Policy you will not be entitled to a payout (WLS) or refund (3PF) for the violating order.

White Label Store (WLS) services

  1. Mayzing is a platform that enables Designers to sell and have fulfilled custom merchandise, produced on demand, to Purchasers around the world via a unique domain name provided by You.
  2. Mayzing Services – Designers: In return for the Mayzing Fees, Mayzing will make the Platform available to You in accordance with these Terms, including enabling You to upload your Designer Content for the creation of Products and the hosting of actively trading White Label Stores for You, processing orders and transactions, arranging for the fulfilment of orders for Products and enabling You to monitor and administer your Stores, Campaigns and/or White Label Stores.
  3. Customer Service – Purchasers: unless We expressly agree with You otherwise, Mayzing will be the first point of contact for all customer support for Purchasers including handling any requests and complaints in relation to the quality of the Products, designs, production, fulfilment and delivery. We may decide, in our sole discretion, if a Purchaser is entitled to a refund, in full or in part. Without prejudice to our other rights and remedies, if in our reasonable opinion we decide that the Designer is responsible for the return or refund then we may withhold or set-off payment of fees paid or payable to You.
  4. White Label Stores - You acknowledge and agree that You control and are fully responsible for any White Label Store You have on the Platform, subject to these Terms.
  5. You hereby authorise Mayzing to act on your behalf in accordance with these Terms, using our reasonable discretion and without any obligation to contact You or obtain your consent prior to taking such steps.
  6. We may agree with You to provide different or additional Mayzing Services from time to time under separate terms which shall apply in addition to, and form part of, these Terms.

Setting up a White Label Store (WLS)

  1. If You choose to launch and use a White Label Store on the Platform You must provide all required information about the White Label Store. You will have your own terms and conditions and/or Mayzing Privacy Policy to govern your relationship with any users and Purchasers on Your White Label Store.
  2. You must purchase a valid hosting domain from a web domain provider
  3. Maintenance and renewal of the domain is Your responsibility
  4. The domain must be correctly configured by You for your Store to be able to transact.
  5. In order for Mayzing to provide payouts to You it is your responsibility to configure a valid Payout Method and meet any compliance required by the payment system You choose.

Promoting your Campaign (WLS)

  1. Once You have set up your White Label Store and Campaigns using the Platform, You may use the link we provide to promote your Products. You are responsible for marketing and promotion in relation to your Campaign and White Label Store and we take no liability in that regard whatsoever.
  2. Any advice or guidance we provide from time to time in relation to the promotion of your Campaign outside of the Platform is for guidance only and You must make your own judgement as to whether to apply it to your Campaign. Please note that You may not make any forward-looking statements relating to the expected or anticipated results of any Campaign.
  3. In the event that we disclose personal information about any user of the Platform to You as a Designer, You undertake and agree that You will only use that personal information in compliance with the Mayzing Privacy Policy, and in accordance with applicable laws and regulations including the EU General Data Protection Regulation 2018 (GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), and all applicable data privacy laws as amended and replaced from time to time.

Ordering and purchasing (WLS)

  1. You acknowledge and agree that the ordering and supply of Products by a Purchaser will take place in accordance with the Terms & Conditions for Purchasers.
  2. Your Campaigns display offers of Products, inviting prospective Purchasers to place orders for those Products with Mayzing.
  3. You agree that, on acceptance by Mayzing of an order for a Product placed by a Purchaser, Mayzing will provide an order confirmation to the Purchaser. The order confirmation does not represent a binding contract for sale but merely acknowledges receipt of the Purchaser’s order.
  4. A contract for sale is formed between Mayzing and the Purchaser when Mayzing sends its shipping confirmation to the Purchaser. You agree to be bound by and to act in accordance with the terms of this contract consistent with your responsibilities as the Designer, as set out in the Terms & Conditions for Purchasers.
  5. The Purchaser or Mayzing may cancel the order at any time before dispatch of the Product. For example, Mayzing may cancel the order because of non-compliance with these Terms or some other violation or quality control issue.

Shipment and delivery (WLS)

  1. During the order process, Purchasers will be provided with estimated delivery dates. Such dates are estimates only and delivery dates may change at short notice due to events outside Mayzing’s control.
  2. Mayzing arranges shipping in accordance with its fulfilment network, processes and procedures. Delivery of the Products shall be made by the relevant courier delivering the Products to the name and address specified in the Purchaser’s Order and as transmitted to Mayzing via the Platform.
  3. Mayzing will not be responsible for failing to supply any Product, or for supplying any Product late or not supplying any part of any order if this is caused by the Purchaser not giving the required information (including accurate address and delivery details) during the order process or within a reasonable time of being asked for it.
  4. Delivery shall be deemed complete and the responsibility for Products will pass to the Purchaser once they are delivered to the address including, where relevant, any alternative address as provided.

Pricing and payment (WLS)

  1. For each Product sold to a Purchaser through the Platform: 
  2. the Purchaser shall pay to Mayzing the Purchase Price as advertised on the White Label Store (the Purchase Price) in return for the sale of each Product;
  3. We will pay to You an amount (the Designer Fee) in return for providing the Designer Content and for promoting and marketing the Products; and
  4. You agree to pay to Us an amount (the Mayzing Fee) in return for providing the Mayzing Services.
  5. The Purchase Price for your Products offered for sale on your White Label Store shall be set by You within the guidelines set by the Platform.
  6. The Purchase Price is expressed to be inclusive of VAT (or other sales tax) but exclusive of delivery charges, import duties and excise taxes.
  7. The delivery charges are as stated on the Platform and may vary depending on factors such as Product size, number of Products in an order and delivery location.
  8. Relevant delivery charges are provided when the Purchaser selects an order for purchase, at the check-out, and will be payable by the Purchaser. VAT (or other sales tax) will be included in the delivery price where applicable.
  9. Mayzing (as merchant of record) will make payment of applicable VAT (or other sales tax) collected on each applicable order to the relevant authorities. For reference CM ROW Fulfilment Ltd currently holds the following VAT Registrations:

    UK 353224326 (Great Britain)
    CZ OSS 686662166 (EU One Stop Shop Scheme)
    CZ 686662166 (Czech Republic)
    DE Local DE 25/247/44218 (Germany local scheme)
    DE Cross Border DE365741869 (Germany Cross Border)
    NL 827474039B01 (Netherlands)
    NO 3018989 (Norway VOEC Scheme)
  10. Design Fees shall be paid net. Designers are responsible for ensuring they pay all applicable taxes, including any VAT or other sales taxes, personal income and/or business or corporation taxes on the Design Fee and any other amounts received from Mayzing.
  11. Designers are responsible for ensuring that they maintain up to date and complete compliance with all payout systems providers, (including but not limited to Payoneer, PayPal, PingPong, Bank Accounts) enabling payment of the design fees in a timely manner.
  12. Mayzing reserves the right to make commission payouts for any wallet balance which has not been drawn in a reasonable time period (over 3 months). Mayzing will contact the Designer in advance of such a payment being made and will use the payout details linked to the Designer account. In circumstances where a Designer has allowed the balance owed to accumulate to over £15,000, Mayzing reserves the right to make commission payments at a maximum drawdown of £10,000 per week.
  13. Mayzing shall be entitled to retain or to deduct from Designer Fees, any chargebacks, cancellations or returns (otherwise than due to the fault of Mayzing) including but not limited to where the Designer breaches any of the Acceptable Use Rules. Mayzing shall be entitled to retain any Designer Fees not requested or claimed by the Designer within 6 months of the due date for payment.
  14. The Mayzing Fee shall be the fixed sum as published on the Platform, which We shall be entitled to retain from the Purchase Price.
  15. Notwithstanding the above, if we are legally required to collect any value added, sales, use or similar taxes from You or on your behalf, You will pay such taxes to Us. If any deduction or withholding is legally required, You will notify Us and will pay Us any additional amounts necessary to ensure that the net amount that We receive, after any deduction and withholding, equals the amount We would have received if no deduction or withholding had been required. Additionally, You will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
  16. Mayzing makes all reasonable efforts to ensure that all prices shown on the Platform are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order already placed and confirmed (unless outside of our control, for example legally required changes to value added or sales taxes).
  17. Mayzing may adjust pricing to improve the clarity and functionality of the Platform including rounding and for foreign exchange, provided that it does so in accordance with applicable consumer law.

3rd Party Fulfilment Services (3PF) 

  1. Mayzing’s platform offers you the opportunity to use the Mayzing fulfilment network for Sales channels outlined within the Platform
  2. You remain the merchant of record and Mayzing operates as your fulfilment partner on a business to business basis (“3rd Party Fulfilment”)

Product Creation (3PF) 

  1. The Mayzing platform allows you to design your own products, price them and publish them to your 3PF store 
  2. Designer content must be inline with the information set out in section ‘Designer Content’
  3. The Mayzing catalogue sets out the price you will be charged for both the product you chose and the delivery destinations you wish your fulfilment orders to be sent to.

Ordering and purchasing (3PF)

  1. Once you have taken payment from your Purchaser for an item displayed in your 3PF store an unpaid order will be created in the Mayzing Platform
  2. You must supply a valid payment method to be able to complete an order on the Mayzing Platform.
  3. A contract for sale is formed between Mayzing and You when You pay Mayzing for the fulfilment service.
  4. Mayzing will provide You with Fulfilment and Shipping status updates throughout the process of completing an order
  5. Once an order has been submitted for fulfilment and the status is Processing the order cannot be cancelled
  6. Before placing an order You must ensure all Purchaser details are correct, for example order item information, personalization options, delivery address information
  7. Mayzing may cancel the order because of non-compliance with these Terms or some other violation or quality control issue.

Shipment and delivery (3PF)

  1. During the order process, You will be provided with estimated delivery dates. Such dates are estimates only and delivery dates may change at short notice due to events outside Mayzing’s control.
  2. Your 3PF store will be updated with Shipping status updates and a shipping tracking link
  3. Mayzing arranges shipping in accordance with its fulfilment network, processes and procedures. Delivery of the Products shall be made by the chosen shipping service, delivering the Products to the name and address specified in the Purchaser’s Order and as transmitted to Mayzing via the 3rd Party Platform.
  4. If You chose the Economy Shipping service (semi-tracked) you do this at your own risk. Should the delivery not be accepted by the Purchaser you may be charged for a reprint and associated delivery charges.
  5. Mayzing will not be responsible for failing to supply any Product, or for supplying any Product late or not supplying any part of any order if this is caused by You not giving the required information (including accurate address and delivery details) during the order process or within a reasonable time of being asked for it.
  6. Delivery shall be deemed complete and the responsibility for Products will pass to the Purchaser once they are delivered to the address including, where relevant, any alternative address as provided.

Pricing and payment (3PF)

  1. For each Order placed through the Platform:
  2. You shall pay to Mayzing the Order Price as laid out in the Order details section of the Platform in return for the fulfilment and delivery of each Product;
  3. You agree to pay to Mayzing an amount (the Mayzing Fee) in return for providing the Mayzing Fulfilment Services, this will be included in the Order price we provide in the Order details.
  4. Payment will be taken at the point of ordering using your chosen payment method. You can decide the timing of order placements using the platform tools available.
  5. The Order Price is expressed to be exclusive of any VAT (or other sales tax.) Any applicable VAT will be added to your order depending upon the following combination of factors laid out in section 85 (EU Destination VAT (3PF)) or section 90 (UK Destination VAT (3PF)) or section 91 (Norway Destination VAT (3PF). 
  6. Invoices for each Order placed can be downloaded from the Order details section of the Platform. 

Sales (Destination) VAT (3PF)

  1. EU Destination VAT:
  2. VAT charges on orders sent to an EU country will depend upon whether You have a European VAT ID, and the fulfilment order origin (production country) and order destination (end Purchaser) countries.
  3. If you sell more than €10,000 worth of gross sales into the EU You are legally required to register to collect and pay EU VAT on EU sales. We recommend you take tax advice as to the best way to do this for your business.
  4. Payment will be taken at the point of ordering using your chosen payment method. You can decide the timing of order placements using the platform tools available.

    a. Where your EU VAT Registration Number is from the same country that the goods are printed in, then the local VAT of that country will be charged.

    b. If the goods are sold to an end Purchaser in the same country as that in which the goods are printed, then the local VAT of that country will be charged (domestic sale).

    c. Cross border EU sales: If you have an EU VAT ID in any other EU country, 0% VAT will be applied under VAT exempt intra-Community transfer. Note that in this scenario you are responsible for accounting for the reverse charge mechanism where applicable on your local VAT return. We strongly advise that you consult an expert as to your local EU VAT responsibilities - we do not take any responsibility for your VAT compliance or your ability to reclaim input tax on orders placed with us.

    d. If you do not supply us with a valid EU VAT ID then the VAT of the EU destination country (where the order arrives) will be charged.
  5. CM ROW Fulfilment Ltd has local VAT registrations in the following EU printer (origin) countries
    Czech Republic CZ686662166 | EU EORI CZ00022183036
    Netherlands NL827474039B01
    Germany DE 25/247/44218 (Domestic) & DE365741869 (Cross Border)
    For non EU registered merchants - OSS Union Scheme Czech Republic CZ686662166
  6. UK Destination VAT (3PF)

    a. If you have a UK VAT Registration (and have provided us with the number), UK VAT of 0% will be charged (B2B reverse charge mechanism).

    b. If you do not have a UK VAT ID any order with a final destination in the UK will be charged at UK VAT 20%.

    c. CM ROW Fulfilment Ltd is VAT registered in the UK: GB353224326 | EORI GB353224326000
  7. Norwegian Destination VAT (3PF)
    ‍
    a. If you have a Norwegian VAT Registration (and have provided us with the number), NO VAT of 0% will be charged (B2B reverse charge mechanism)

    b.If you do not have a Norwegian VAT ID any order with a destination of Norway will be charged at NO VAT 25%

    c. CM ROW Fulfilment Ltd is VAT registered in Norway under the VOEC Scheme 3018989
  8. US & Other Destination Sales Tax (3PF)
    ‍
    a. As the Merchant of Record to the end customer, You are responsible for registering and paying US Sales tax once you have reached economic Nexus in each State. By using our services you confirm that you are a business customer and accept liability for US Sales tax collection and payment. We strongly suggest that you take tax advice to ensure you are meeting your legal obligations to register, collect and pay US Sales tax as required. CM ROW Fulfilment Ltd does not provide tax advice. We reserve the right to request proof of registration.

    b. Other Destination VAT/ Sales Tax (including but not limited to Switzerland, Canada, Australia, New Zealand, Iceland.)

    c. By using our services you confirm that you as a business customer (and merchant of record) are solely responsible for the collection and payment of any sales tax or VAT due in the destination country. You must ensure that you consider each country and jurisdiction and the local laws to ensure compliance. CM ROW Fulfilment Ltd TA Mayzing does not provide tax advice and we strongly suggest that you take tax advice to ensure your ongoing compliance.

Delivery Charges (3PF)

  1. The delivery charges are as stated on the Platform and may vary depending on factors such as Product size, number of Products in an order and location. You have the choice of which of the available delivery options you offer to your purchasers. VAT (or other sales tax) will be added to the delivery price where applicable. 
  2. Mayzing makes all reasonable efforts to ensure that all prices shown on the Platform are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order already placed and confirmed (unless outside of our control, for example legally required changes to value added or sales taxes).
  3. Mayzing may adjust pricing to improve the clarity and functionality of the Platform including rounding and for foreign exchange, provided that it does so in accordance with applicable consumer law. 

Returns, Reprints and Refunds (3PF)

  1. Mayzing does not accept returns for any print on demand orders in any circumstances.
  2. It is Your responsibility to provide your Purchasers with a suitable Returns, Reprints and Refunds policy that reflects the nature of print on demand fulfilment.
  3. Mayzing will not reprint or refund in the following scenarios: 
    a. Delivery not possible due to invalid Purchaser address 
    b. Incorrect personalisation options within an Order 
    c. Change or cancellation of order after they have been sent to production
  4. Mayzing will reprint orders at no cost, subject to photo evidence, in the following scenarios:
    a. Wrong Size, Colour or Product received
    b. Incorrect design printed
    c. Poor quality print
    d. Damaged product e.g. cracks, splits, holes
  5. A reprint request will be acknowledged Monday – Friday and sent for prioritised production (next working day) once approved
  6. Mayzing will refund an order in the following scenarios:
    a. Production has not completed (Fulfilled) after 5 business days of excepting the order (Processing)
    b. A reprint is not possible for supply chain reasons e.g. item is now out of stock and a suitable alternative is not available
    c. Standard or Express delivery is shown as lost in transit within the carrier tracking link
    d. Standard or Express delivery has failed to arrive 5 business days after its estimated delivery date

Acceptable use rules (All Platform Users) 

  1. Mayzing’s Platform: Mayzing is a platform that enables Designers to sell and have fulfilled custom merchandise, produced on demand, to Purchasers around the world.
  2. You are responsible for ensuring that your use of the Platform, including running and promoting products and your sale of Products to Purchasers, is in compliance with all laws applicable to You.
  3. For each Product sold to a Purchaser through the Platform you must not:
    a. contravene any applicable law or regulation including but not limited to fraud or money laundering legislation and data protection, privacy and advertising laws; 
    b. include anything that is false, inaccurate, misleading, deceptive, offensive, abusive, threatening, or defamatory, or that might cause annoyance, inconvenience or distress to any person;
    c. contain material, which is pornographic, obscene, indecent, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    d. exploit crises or controversial and/or divisive political or social issues for commercial purposes and/or incite hatred or violence against any person or group or which advocates, promotes or assists any unlawful act or incite violence or civil unrest;
    e. infringe the intellectual property rights of any person or otherwise infringe Mayzing Copyright and Trade Mark Policy;
    f. misrepresent your identity or origin in any way or impersonate any person, including but not limited to any false attribution of charitable status;
    g. include any material containing personally identifying information about another person, except with the written approval of that person;
    h. exploit images or the likeness of minors;
    i. abuse or misuse of our Platform or any conduct, trading practice or activity which We consider to be unlawful or detrimental to our Platform, business interests or reputation and/or to the platform, business interests, reputation rules or policies of any third party and/or which may or does give rise to any fraud or any other criminal activity or suspicion of fraud or any other criminal activity;
    j. introduce any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
    k. and/or otherwise contravene any provision of these Terms including for the avoidance of doubt the Mayzing Privacy Policy.
  4. We reserve the right to reject, suspend, cancel and/or terminate any Campaign, Store, White Label Store, 3PF Store or other trading activity, stop Your use of our Platform and to suspend payment of the Designer Fee (including while we investigate any such violation) because we believe, in our absolute discretion, You have violated any of these Terms including the Acceptable Use rules set out in this section. We shall have the right to hold and to permanently retain the Designer Fee if, after 180 days, in our reasonable discretion, We decide that any such violation has occurred or is reasonably likely to have occurred.

Product descriptions, changes & availability 

  1. The images of any Product are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Products may vary slightly from those images.
  2. The packaging of the Products may vary from that shown on images on the Platform.
  3. Mayzing may make changes to Products: 
    a. to reflect changes in relevant laws and regulatory requirements; and 
    b. to reflect changes in suppliers’ materials or processes or to implement minor technical adjustments and improvements.
  4. All Products shown on the Platform are subject to availability.
  5. Depending on the Products ordered by a Purchaser, orders may need to be fulfilled and shipped separately.
  6. In relation to EU General Product Safety Regulation (GPSR) Mayzing has appointed as its Responsible Person: EU Compliance Partner, Pärnu mnt 139b-1411317 Tallinn, Estonia. hello@eucompliancepartner.com +33757690241 to liaise with EU Market Surveillance Authorities

Intellectual property rights

  1. Except for Designer Content, Mayzing, its service providers and/or its licensors are the sole owners of all elements of the Platform and any intellectual property rights subsisting in it, which includes rights in any software, domains, design, text, graphics and all source code relating to the Platform. We grant You a limited licence to use the Platform and the Mayzing Services solely as set out in these Terms.
  2. Except as required for the purposes of exercising Your rights under these Terms, You may not sell, export, license, resell, downstream, modify, reverse engineer, decompile, disassemble, copy, distribute or transmit the Platform (or any part of it) or any material provided through the Platform without our prior express written consent.
  3. Any unauthorized use of the Platform may result in the immediate termination of the limited license granted by Mayzing and the cancellation of any registration with Mayzing.
  4. The name “Mayzing” and Mayzing’s logo are registered and unregistered trademarks. They may not be used without Mayzing’s prior express written permission. Any other trade names or trademarks not owned by Mayzing that appear in connection with the Platform or any Product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mayzing and you should not make any use of them without the owner’s permission.

Data protection

  1. Mayzing will use your personal information and your Purchasers’ personal information as set out in Mayzing Privacy Policy.

Term and termination

  1. The term of the contract between You and Us will start when You first register and start to use the Platform and will continue until terminated by You or Us as follows:
  2. You may terminate your use of the Platform and/or the Mayzing Services at any time on immediate notice by email to legal@mayzing.com or via the Contact Us form;
  3. We may terminate your use of the Platform and/or the Mayzing Service at any time for convenience or any other reason on 30 days’ notice by emailing You at the email address You provided to Us; and/or
  4. We may suspend, cancel or terminate your access to and/or your use of the Platform and/or the Mayzing Service, or any part of it, immediately and without notice, if we decide that (i) You materially breach any of the Terms and/or Mayzing has cause to remove your account, Product, Campaign, White Label Store or 3PF Store in accordance with these Terms; (ii) any act or omission by You has resulted, or may result in Us having any liability to a third party (including, but not limited to, where any campaign includes infringing content); (iii) any act or omission by You breaches, or is reasonably likely to breach any applicable law; (iv) your account has been, or may be used for any unlawful, deceptive or fraudulent activity and/or for any activity that is in breach of these Terms; and/or (v) Your use of the Platform may cause any harm to Mayzing, its partners, affiliates, service providers or other customers or otherwise damage its or their reputation.
  5. On termination of our contract, all related rights and obligations will immediately terminate, except that You must still perform all of your obligations in connection with any order for any Product processed before termination and for any liabilities that accrued before or as a result of termination.
  6. We have the right to close an account or store where there has been a period of inactivity greater than 6 months. We will notify You 30 days before any closure. 

Mayzing's liability

  1. Nothing in these terms shall limit or exclude Mayzing’s liability for: 
    a. death or personal injury caused by Mayzing's negligence, or the negligence of Mayzing’s employees, agents or subcontractors (as applicable); 
    b. fraud or fraudulent misrepresentation;
    c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
    d. any matter in respect of which it would be unlawful for Mayzing to exclude or restrict liability.
  2. Subject to section 131 and to the express provisions of these Terms:
    a. Mayzing shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of opportunity or goodwill, loss of data, or for any indirect and/or consequential and/or unforeseeable loss arising under or in connection with any contract between us; and
    b. Mayzing’s total liability for all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid to the Designer by Mayzing in relation to the transactions to which the losses relate.
    c. Mayzing shall not be liable for any loss or damage suffered by the Designer or Your Purchasers that results from Your failure to follow any instructions or reasonable guidelines given by Mayzing.
    d. Mayzing will not be liable for any delay or failure to perform any of its obligations by reason, event or other matter beyond its reasonable control (including, but not limited to: power failure; internet service provider failure; strikes, lock-outs or other industrial action by third parties; closure of production facilities; failures of postal, delivery or courier services; riots and other civil unrest; fire, explosion, flood, storms, earthquakes, subsidence; acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war); pandemic or epidemic; and/or other natural disaster).

Disclaimer relating to use of the Platform

  1. We provide access to the Platform "as is" and without any warranty or condition, whether express, implied or statutory. We do not guarantee that the Platform will always be available or that access to it will be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw or discontinue or any part of the Platform without notice. We will not be liable to You if, for any reason, the Platform is unavailable at any time or for any period.
  2. Mayzing warrants that it shall provide the Mayzing Services with reasonable skill and care. We specifically disclaim any and all other implied warranties of title, satisfactory quality, fitness for a particular purpose and non-infringement relating to the Platform. We assume no liability or responsibility for any errors or omissions in the Platform or any information presented on it; any failures, delays or interruptions in the Platform; any losses or damages arising from the use of the Platform; or any conduct by other users of the Platform.
  3. We reserve the right to deliver the Platform in our sole and absolute discretion including the right to decide the Platform’s specification, functionality, design, content and availability from time to time.

Indemnity & Set-off

  1. When we refer, in these Terms, to "in writing", this will include e-mail.
  2. We may at any time set-off any liability or payment due from Designer to Mayzing against any liability or payment of Mayzing to Designer whether any such liability is present or future and irrespective of the currency.

General

  1. When we refer, in these Terms, to "in writing", this will include e-mail.
  2. Assignment. We may transfer or assign our rights and obligations under these Terms to any person. You may only transfer or assign your rights or your obligations under these Terms to another person if we agree in writing.
  3. Time. The times and dates referred to in these Terms and/or on the Platform shall be estimates or provided for guidance only and shall not be of the essence of the Agreement and may be varied by mutual agreement between the Parties
  4. Third parties. These Terms apply between You and Us. No other person shall have any rights under or in connection with these Terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. For the avoidance of doubt, a Purchaser shall be entitled to enforce its rights under the Terms and Conditions for Purchasers directly against a Designer, and vice versa.
  5. Severance. If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful, or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
  6. No waiver. If a party fails to insist that another party perform any of its obligations under these Terms, or a party does not enforce its rights against the other, or if it delays in doing so, that will not mean that it has waived its rights against the other party and will not mean that the other party does not have to comply with those obligations. If a party does waive a default by another party, it will only do so in writing, and that will not mean that the first party will automatically waive any later default by such other party.
  7. Language. These Terms are drawn up in the English language and may be translated into any other language, but the English language text shall prevail.
  8. Amendments. We may amend these Terms from time to time. We will try to give You reasonable notice of any major changes, but You acknowledge that we will not be required to do so and may amend the Terms with immediate effect where required by legal, regulatory or data security, to prevent harm to any Designer, Purchaser or third party, or to make improvements or introduce additional features with no material adverse effect on your use of the Platform and/or the Mayzing Services. Your continued use of the Platform and/or of the Mayzing Services will be deemed as acceptance of any such amendment to the Terms.
  9. Independent parties. Nothing in these Terms, shall constitute, or be deemed to constitute, a partnership or joint venture between any of the parties or make any party the agent of any other party for any purpose. No party has any authority or power to bind, contract in the name of, or to create a liability against, any other party in any way or for any purpose, except as may be expressly authorised in writing by such other party from time to time.
  10. Entire agreement. These Terms constitute the entire agreement between Mayzing and You with respect to your purchase of Products. You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Mayzing that is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein. 
  11. Confidentiality. In the event that we disclose confidential information to you, You agree for the term of our contract and for at least five (5) years after termination that You will not use or disclose to any third party such information without Mayzing’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of Your default.
  12. These Terms are governed by English law. This means a contract for purchase of products through the Mayzing platform and any dispute or claim arising out of or in connection with it will be governed by English law.  
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