ADLER Manufacturing Limited Website Terms of Use

Scope of application

These terms of use govern your use of the website made available under www.adler.co.uk and all content available via this website. If you do not agree with these terms of use, please abort the further access and/or use of the website. Please note in particular the terms below in bold and italics concerning limitation of liability and indemnification.

This website is owned and operated by ADLER Manufacturing Limited, whose registered office is at 1stFloor Eastgate House, 35 – 43 Newport Road, Cardiff CF24 0AB and with registered number 02425707 – you can access this information at www.adler.co.uk.

This website is  intended to be used only by professional individuals or entities. Anyone who accesses the non-public areas of this Site in a capacity other than as a professional does so at their own initiative and risk and they are responsible for compliance with all applicable laws and regulations, including the Applicable Law. Anyone may access the public areas of this website providing they agree to and comply with these Terms of Use.

Acceptance of Terms and Conditions

These terms of use (“Terms of Use”), state the terms and conditions under which you may use the website located at www.adler.co.uk and all Content available therein (the “Site”). Please read these Terms of Use carefully. ADLER will not accept any terms & conditions contradictory to or deviant from our Terms of Use and herewith contradicts these explicitly.

This Site contains various information in the form of data, text, graphics, and other materials as well as third-party content (collectively, the “Content”). By browsing the public areas of this Site as a user (“User”), or registering to access certain restricted areas of the Site and becoming eligible to purchase personalized business products (“Products”) and related services (“Services”) as a registered user (“Registered User”), you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use that only apply to professional Registered Users and Users.

Amendment

ADLER reserves the right to amend these Terms of Use at any time and from time to time without noticeso you should check these Terms of Use regularly. Amendments to these Terms of Use will not be applicable to orders for Products and Services placed by you prior to such amendments. The Terms of Use applicable to any order will be the Terms of Use in force at the time of such order.

Registration Process

Users are not required to become Registered Users to browse in public areas of the Site. In order to access Registered User-only portions of the Site and/or purchase Products or Services, registration is required. During the registration process for the Site, we will request that you provide certain information such as company name, physical address, e-mail address, a primary contact person and, as applicable, a description of your preferences for Products and/or Services. If you purchase Products and/or Services via the Site specific terms and conditions of purchase will apply and we will also request that you provide information for payment and billing purposes such as credit card information and billing address. To the extent that the requested data may be considered as personal information by the Applicable Law, please refer to our Privacy Policy.

Upon the earlier of the termination of these Terms of Use as described below, or a Registered User’s written request, ADLER will terminate the Registered User’s access to the non-public areas of the Site.

Registered User Authorization

By registering on this Site, you confirm to ADLER that you are (i) (a) a professional individual at least 18 years of age, and (b) a principal, partner, officer, or other authorized representative of the Registered User, fully authorized to bind Registered User to contractual obligations, (ii) authorized to provide personal information via this Site on behalf of the Registered User in connection with the registration process and the purchase of Products and/or Services, (iii) acting in compliance with the Applicable Law, and have obtained any and all consents required under the Applicable Law to provide personal information to ADLER via this Site including, but not limited to, the consent of individual employee and agents of Registered User. You represent and warrant that all the information you provide during the registration process, in particular regarding your professional activity, is true and complete. If this information changes, you must promptly inform us accordingly. 

Reservation of Rights
ADLER is under no obligation to accept any applicant as a Registered User, and may accept or reject any applicant in its sole and complete discretion.

Sign-In Name; Password

The Sign-In Name for each Registered User is its e-mail address. There is only one e-mail address authorized for each Registered User. The Registered User selects a password (“Password”). Each Sign-In Name and corresponding Password can only be used by one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using one or more of them. You will promptly inform ADLER of any need to deactivate or change a Password or Sign-In Name. ADLER reserves the right to delete or change your Password or Sign-In Name at any time and for any reason.

Product Appearance and Availability

ADLER has made every effort to display Products, colors and imprints as accurately as possible on this Site. However, the final Product delivered may vary from the image(s) viewed on this Site due to a number of factors that are not within ADLER’s control. These factors include, but are not limited to, system capabilities and constraints of your computer, manufacturing process issues and the availability of product and raw materials. While ADLER will exercise reasonably commercial efforts to help ensure that the Products conform to your expectations, variations sometimes occur. All Product pricing, specifications and offerings are subject to change without notice. This Site may describe Products that are not available worldwide.

Product Samples

ADLER reserves the right to distribute Product samples only to qualified Registered Users selected by ADLER at its discretion. Due to the requirements of order fulfillment or other business reasons, certain Products may not be available as samples. ADLER reserves the right to substitute products distributed as samples without notice.

Payments

ADLER offers Products and Services via the Site for prices that may change from time to time.  If you are a Registered User you may elect to pay by credit card.  If you wish to pay by credit card, you must provide a valid credit card number and further credit card information at the time of purchase. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your purchase of Products and Services at the prices then in effect, including any unauthorized charges incurred prior to your notifying ADLER of such charges. ADLER may collect and use all payment data and bank account information provided by the Registered User in order to process and fulfill the orders and your personal data will be used by ADLER in accordance with our Privacy Policy. Orders placed via this Site constitute offers to buy and are not binding on ADLER until accepted by ADLER. ADLER reserves the right to accept any offers to buy within a commercially reasonable amount of time.

You agree that ADLER may pass your credit card information and related personal information to its designated service provider(s) only as a means to secure payment, if at all, for Products and Services that you purchase.

All prices are in pounds sterling and do not include applicable sales tax or other taxes and you are responsible for payment of any applicable sales taxes or import duties. All prices are exclusive of packaging and postage. Packaging and mail charges will be calculated separately and added to the sales price. All payments must be received by ADLER in advance of Product shipment and/or provision of the applicable Services; provided, however, at ADLER’s discretion, qualified Registered Users may be invoiced with payment due in net thirty (30) days after shipment in accordance with ADLER’s credit policy. ADLER reserves the right (without notice) to charge interest on any sum not paid on its due date from such due date to the date of payment at the rate of 3% above the base rate of the Bank of England from time to time.

All payments will be made in Pound Sterling.

Returns & Refund Policy

If you are not satisfied with the items that you have ordered, you can return them to us and ask for a full refund, a credit, or a replacement. Refunds or credits exclude shipping costs. You must submit your request within 30 days of receiving your order. In case of a return, we will pay for the cost of shipping the items back to us.

License Grant

ADLER grants  the Registered User during the Term a non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Site. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Site; (ii) copy, modify, adapt or translate the Site, or otherwise make any use, resell, distribute or sublicense the Site except in connection with these Terms of Use; (iii) disclose and/or make the Site available on a “service bureau” basis; (iv) remove or modify any proprietary marking or restrictive legends placed on the Site; or (vi) use the Site in violation of the Applicable Law and regulation. JIM (US); COMPAC (US); DATE KEEPER (US); DESK MASTER (US); TOGETHER WE ACHIEVE THE EXTRAORDINARY (US; Australia; Germany; France; Japan; Canada); A WORLD OF THANKS (US); ADLER (US); WE'VE GOT THE GIFT FOR BUILDING BUSINESS (US; Canada); TEAMWORK TOGETHER WE ACHIEVE THE EXTRAORDINARY (US; Canada; Australia); TEAMWORK (US; United Kingdom); THE LEADER IN PERSONALIZED BUSINESS GIFTS (US; Canada); JOT-N-ERASE (US); AMAZING GIVEAWAYS & Design (US); L'ESPRIT D'EQUIPE UNISSONS NOS EFFORTS (Canada; France); WORLD OF THANKS (United Kingdom); !DEA PAD (US; United Kingdom; European Community; Canada); ADLER THE ART OF SAYING THANK YOU (United Kingdom); TEAMWORK GEMEINSAM MACHEN WIR'S MOGLICH (Austria; Germany); PHOTO MARK (US); Miscellaneous Design (Right Sideway Diamond Design) (US; European Community; Canada); Miscellaneous Design (Wave Design) (US; European Community; Canada); Miscellaneous Design (2 Men Shaking Hands) (United Kingdom); ADLER COLLECTION & Design (European Community); ADLER (European Community); ADLER "A" Logo (European Community; Australia); DIF PROMOS (US; Canada; European Community); THE COLOR OF CARING (US; Canada; European Community); THE COLOR PINK SAVES LIVES & Design (US); TRAVAIL D'EQUIPE ENSEMBLE NOUS PARVENONS AU SOMMET (Canada); WE'VE GOT THE GIFT FOR BUILDING YOUR BUSINESS (US; Canada); and WORKING TOGETHER, MAKING A DIFFERENCE (US; Canada) are trademarks and service marks of ADLER (the "Trademarks"). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ADLER. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our benefit.

Intellectual Property Rights in the Site

This Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You acknowledge that the Content is and shall remain the property of ADLER or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Trademarks
DATE LOG (US); POCKET PAL (US; Canada; United Kingdom); SLIM

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to ADLER on the Site, you agree to be bound by the following provisions. If you do not agree with these provisions, you should not provide any Unsolicited Information via the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. ADLER, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, ADLER and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting ADLER a perpetual, royalty-free, irrevocable and worldwide right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. This section shall not apply to any submissions you provide pursuant to an agreement with us.

Links to Other Web Sites

This Site may periodically provide links to third party websites (“Third-Party Sites”) as well as other websites operated by ADLER (“Other ADLER Sites”). These Terms of Use govern only this Site and not any Third Party Sites or Other ADLER Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website.

Advertisements on this Site

ADLER, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by ADLER. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser, and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.

Security of the Site

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. ADLER reserves the right to view, monitor, and record activity on the Site without notice or permission from you, but in accordance with the Applicable Law and regulation. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. ADLER will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

DISCLAIMER OF WARRANTIES

You acknowledge and agree that this Site is provided on an “as is” and “as available” basis. None of ADLER, its affiliates, subsidiaries or its or their officers, directors, employees or agents (collectively the “ADLER Parties”) guarantees the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the Site. None of the ADLER Parties warrants that this Site will be uninterrupted or error free or that this Site, its server or any files available for downloading through this Site are free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Site is assumed solely by you. To the maximum extent permitted by law, none of the ADLER Parties makes any, and hereby specifically disclaims any and all, representations, endorsements, guarantees, and warranties, express or implied, regarding this Site.

ADLER, to the maximum extent permitted by law, excludes all warranties and conditions (whether express or implied) in relation to the Products and/or the Services except as expressly provided in ADLER’s return policy. If you have received defective Products, please refer to ADLER’s return policy.

No Responsibility for Connectivity

You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

Limitation of Liability

Nothing in these Terms of Use operate to exclude or restrict the liability of ADLER and the ADLER Parties in respect of fraud, fraudulent misrepresentation or in respect of death or personal injury directly caused by their negligence or any matter which it would be illegal for ADLER or the ADLER Parties to exclude or attempt to exclude their liability.

Site Usage Limitation of Liability

Under no circumstances will ADLER or any of the ADLER Parties be liable for any direct, indirect or consequential losses that you suffer through your access or use of this Site or other materials on the internet via web links from this Site.

Your sole and exclusive remedy for dissatisfaction with this Site is to stop using this Site.

Product and Service Limitation of Liability

In no event will ADLER and/or the ADLER Parties be liable for any direct and foreseeable damages in excess of the amount paid by you for the Products and/or Services you purchased via this Site.

In no event shall ADLER or any of the ADLER Parties be liable for any indirect or consequential damages (including but not limited to administrative and overhead costs, loss of data, loss of profits, business, contracts, revenues, goodwill, production and anticipated savings, the cost for replacing any Products or Services or loss arising from any claim made against you by any other person) arising out of or relating to the the use and/or purchase of the Products and/or Services.

Indemnification

You agree to defend, indemnify and hold ADLER harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, any use of the Products and/or Services and/or any violation of these Terms of Use, to the maximum extent permitted by the Applicable Law.

Use of Personal Information

Your use of the Site may involve the collection and processing of personal information under the definition of the Applicable Law. Our policies with respect to the collection and processing of personal information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site, at any time and for any reason without prior notice or liability, especially in case of violation of these Terms of Use. We reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability. You may terminate your acceptance of these Terms of Use at any time upon the provision of written notice to us by email to: service@adlerglobal.com, or via hard copy mail directed to: ADLER Manufacturing Limited, whose registered office is at:

1st Floor Eastgate House
35 – 43 Newport Road
Cardiff CF24 0AB.

Your access to the non-public portions of the Site will be terminated within five (5) business days of our receipt of your notice of termination.

Order of Precedence

Registered Users may also enter into a written agreement with ADLER for the purchase of Products and/or Services. In the event of any conflict between such written agreement and the Terms of Use and Privacy Policy (collectively, the “Site Terms”), the terms and conditions of the written agreement shall govern.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the Applicable Law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled “Intellectual Property Rights in the Site,” “Trademarks,” “Unsolicited Information,” “Disclaimer,” “Limitation of Liability,” ”Indemnification,” and “Miscellaneous” shall survive the expiration or earlier termination of these Terms of Use. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. You expressly absolve and release the ADLER Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this site shall be governed by and construed in accordance with the laws of England and Wales (the “Applicable Law”).

Except for proceedings commenced by ADLER to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by the English Courts. These Terms of Use contain the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with the Applicable Law, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate the Applicable Law or another regulation. All rights not expressly granted herein are reserved by ADLER.

Thank you for your cooperation. We hope you find the ADLER Site helpful and convenient to use. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our email address at service@adlerglobal.com or via regular mail to ADLER Manufacturing Limited, whose registered office is at:

1st Floor Eastgate House
35 – 43 Newport Road
Cardiff CF24 0AB.

We try to answer every email in a timely manner, but are not always able to do so.

© 2020 ADLER Manufacturing Limited. All Rights Reserved.