Terms and Conditions
Our general terms and conditions apply to any order you place through the Making A Difference website. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
This website is operated by Making A Difference Cards Limited, a company registered in England and Wales with Company No. 10597090 and VAT No. 277205496 Throughout the site, the terms "MDC", “we”, “us” and “our” refer to Making A Difference Cards Limited.
By visiting our site and/or purchasing something from us, you engage in our “Services” 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.
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.
1. General conditions
1.1 You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).
1.2 You may not copy, reproduce, frame, republish, download, print, post, repost, broadcast, record, transmit, edit or distribute in any way the web pages or materials on the website or the code or elements comprising the website. You may not use the content of the website for any commercial purposes whatsoever.
1.3 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.
1.4 We reserve the right to refuse service to anyone for any reason at any time.
2. Online store terms
2.1a Prices for our products are subject to change without notice. And we reserve the right at any time to modify or discontinue the Services or products therein (or any part or content thereof) without notice at any time. All descriptions of products are also subject to change at anytime without notice, at the sole discretion of us and as such we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of product or service.
2.1b We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely or error-free.
2.1c We reserve the right, but are not obligated, to limit the sales of our products or Services to any person or geographic region. 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.
2.1d You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all products and services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.
2.1e We have made every effort to display as accurately as possible the colors and images of our products that appear on the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
2.1f 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.
2.2 - Billing & Account Information
2.2a During the check out process you will be asked to enter your payment details. By completing your payment details you confirm that the credit/ debit card being used is yours.
2.2b All card payments are subject to authorisation by your card issuer. We take payment immediately.
2.2c Purchases and Donations will be in pound sterling. International credit card providers or banks will determine the exchange rate and may add additional processing fees.
2.2d Bank transfer fees will be incurred on all purchases and these fees are paid by the charities, therefore, reducing their donation received by 1.4% + 20p or 2.9% + 20p for non-EU Cards. At the checkout you have the option to cover these fees if you wish that every penny from your donation goes to your chosen charity.
2.2e Gift Aid declarations are not processed by Making a Difference Cards Ltd. All gift aid details are passed on to the relevant charities who will process those details in accordance with current legislation and all details passed on will be subject to data protection law.
2.2f 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 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.
2.2g You agree to provide current, complete and accurate purchase and account information for all purchases made at our store including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
2.2h You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties.
2.2i You will receive a receipt via email which will clearly show the breakdown of your transaction - cost of the card, the donation made, cost of postage, tax, and your order total.
2.3a The donation made to the charity by the donor is a gift made with no expectation of receiving anything in return.
2.3b Donations are passed on to charities minus the bank transaction fee - ( unless you have chosen to cover these fees at the time of check out). If a charity has signed up using 'Instant Stripe Transfers' then your donation will be transferred at the time of purchase to their registered account. If not your donation will be paid to your chosen charity on the 1st Monday of the following calendar month as required under current legislation via BACs.
2.3c After a donation has been made and passed on to the Charity all further dealings regarding the donation are solely between the donor and the charity. The charity reserves the right to use the donation for its general purpose.
2.3d Charities may state that they will use your donation for a specific purpose. Where a specified donation has been made we will pass these details on to the charity to ensure that they can apply the donation to that specified purpose in accordance with the fundraising code of practice. Making a difference cannot and will not guarantee or warrant that they will use it for such purpose. If you have any doubts or concerns as to how the money will be spent by the charity you should contact the charity directly.
2.3e It is the donor's responsibility to read the description of each charity carefully and be happy that they are who they wish to support. Different charities can have similar names and it is your responsibility to check that you are donating to the cause you intend.
2.3f All donations received that are not paid directly via Stripe are held securely in our Client Deposit Manager account with Natwest.
2.4 User Submissions/Content standards
2.4a You remain the owner of all the content that you submit to the website to be used in product personalisation and as a condition of use you warrant to us that you are the owner of such content or that you have permission from the copyright owner to submit such content.
2.4b You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right.
2.4c You further agree that your comments/personalisation will not contain libelous or otherwise unlawful, abusive or obscene material. You are solely responsible for any comments you make. We take no responsibility and assume no liability for any comments by you or any third-party.
2.4d Audio or Video uploaded to our solution will be stored anonymously and securely with our off-site provider. And will be retained for 30 days from the date of dispatch. We advise all recipients to download their files upon receipt.
2.4e You agree that any upload/submission will not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
2.4f We retain the right to remove any material you submit if in our opinion such material does not comply with the content standards set out.
2.4g Prior to submitting a card for printing and adding it to your cart, the responsibility lies with you the user to check for spelling errors, layout and formatting of text to ensure you are happy with the design preview. We are not responsible for spelling, grammar or layout errors.
2.5a All orders are dispatched by first class post.
2.5b The earliest dispatch date is 2 days from the date of ordering. The site will always request your chosen date of dispatch not the date of delivery.
2.5c Deliveries will be made to the address specified by you and every reasonable endeavor will be made to dispatch orders on the date chosen.
2.5d We shall be under no liability for any delay or failure to deliver a product if the delay or failure is wholly or partly caused by circumstances beyond our control - namely but not limited to the postal service.
2.5e Where the supply of a card is delayed or prevented for reasons beyond our control ( namely but not limited to, material shortage, higher than expected demand, production failure, flood, fire) every effort will be made to keep you informed but we shall be under no liability to you for such delay or failure.
2.6 Refunds, returns and your right to cancel
Once production has commenced on personalised items no refunds or changes can be made and by law we are not obliged to offer cancellation rights on personalised cards which are custom produced and therefore cannot be resold.
2.7 Complaints procedure
2.7a At MDC, we always try to send your cards in perfect condition and of high quality. All cards are checked before dispatch. However, occasionally, a problem can arise. In the unlikely event that a product is faulty or if for any reason you are not happy with your order, we ask you to contact us to let us know of the problem within 2 days of receipt to give us the best chance of resolving the issue. Please contact us via email at email@example.com. You will need to quote your order number, the email address you used and the details of the problem with the order.
2.7b We will, at our discretion, consider issues raised after three days, but reserve the right to refuse a refund or replacement.
2.7c We aim to acknowledge any complaint within 7 working days and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems.
2.7d If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a reprint.
2.7e Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is spelled incorrectly or if you have uploaded an image of a low resolution or size. It is your responsibility as the purchaser to preview the card before checkout and ensure you are happy with design, layout, and spellings.
2.7f Any refund granted will be for the personalised card only. No refund of donation can be given without written consent from the charity the donation was made to.
3. Personal Information
3.2 No personal information will be passed to charities other than
- For the purposes of processing Gift Aid
- Unless explicit consent has been obtained from the donor.
4. Errors, Inaccuracies & Omissions
4.1 We are not responsible if information made available on this site is not accurate, complete or current. 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
4.2 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. You agree that it is your responsibility to monitor changes to our site.
5. Disclaimer of Warranties; Limitation of Liability
5.1 In no case shall Making A Difference Cards Limited, our directors, officers, employees, affiliates, agents, 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, replacement costs, or any similar damages arising from your use of our 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.
5.2 Third-party links on this site may direct you to third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
5.3 We make reasonable efforts to ensure the site is free from viruses and other malicious or harmful content however we cannot guarantee the use of the site or any site accessible from it will not cause damage to your computer.
5.4 Our liabilities to you in respect of an order shall be limited to the value of that order.
You agree to indemnify, defend and hold harmless Making A Difference Limited affiliates, partners, officers, directors, agents, licensors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service.
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.
8.1 If we suspect that you have failed to comply with any term or provision of these Terms of Service, we 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).
9. Entire Agreement
9.1 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.
9.2 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
9.3 a person who is not a party to the terms of service has no right to enforce any terms of these terms of service.
10. Changes to 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, at our sole discretion, to update, change or replace any part of these Terms of Service to meet our changing business requirements without notice to you 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.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Last Updated: 3rd July 2020