TERMS AND CONDITIONS FOR THE SUPPLY OF ONLINE SERVICES

  1. About Us And Our Products
    1. These Terms and Conditions of Supply (the “Terms”) are a legally binding agreement between you, the user (“you” or “your”) and us. We use the terms “us,” “we,” and “our” to collectively refer to P&G Cards Limited (“P&G Cards”), a company registered in Ireland under company number 510663, with registered office at Clooneyourish, Athleague, Roscommon, Ireland and all of P&G Cards’ parents, subsidiaries, representatives, affiliates, officers, directors, employees, and agents.

    2. You and we are each a “party” and collectively we are the “parties” to these Terms.

    3. You can find everything you need to know about us and our products on our websites www.pandgcards.com and santaupdates.com before you order and if you purchased a physical card containing a QR Code to access the digital products, relevant information will be included on the physical card. If you purchase products through our websites we will also confirm the key information to you in writing after you order by email or in your online account.

    4. When you buy from us or access digital products you have purchased through our websites, you are agreeing that you accept these Terms and acknowledging that these Terms will apply to the purchase of our digital products and services.

    5. When accepting these Terms, you consent to receiving email communications from us (including video and image messages) in connection with the digital products and services which you have purchased from us, along with other digital products and services which we supply or are supplying from time to time.

    6. To be eligible to purchase digital products and services from us, you must be at least 18 years old and able to enter into legally binding contracts. If you are a parent or legal guardian allowing your child to access, view or use our digital products and services, you are responsible for your child’s online conduct and use.

  2. Our Content
    1. Our websites and any content, data, and other materials provided to you in the provision of our services or digital products (collectively, our “Content”), is owned by us and/or our licensors. Our Content is protected under copyright, trademark, patent, and other intellectual property laws. You agree not to take any actions inconsistent with our ownership interests.

    2. We grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to use and view our Content, for personal use only, conditioned on your compliance with these Terms.

    3. You may not use our trade marks, logos or Content in any other way, without our prior written permission and for the avoidance of doubt may not share the Content with any other third parties.

  3. Charges
    1. If you have purchased a physical card from a retailer containing a QR Code to access digital products and services, payment will be made when purchasing this physical card directly to the retailer.

    2. If digital products and services are being purchased through our websites, payment will be made at the time of purchase and we accept payment via all major credit card providers.

    3. For some products we take payment at regular intervals, as explained to you during the order process.
      1. When purchasing products and services through our websites we will (as applicable) charge you VAT on services and digital products at a rate of 23%. If the rate of VAT changes between your order date and the date we supply the digital product(s), we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

  4. Delays
    1. We will endeavour to deliver your products without undue delay. If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team (using the details in Paragraph 13 below) to end this contract and receive a refund for any products you have paid for in advance, but not received.

  5. Right to Change Your Mind

    1. For most of our products, you have 14 days after the date we confirm your order to change your mind about a purchase, but:
      1. you lose the right to cancel any service, when it’s been completed (and you must pay for any services provided up the time you cancel); and
      2. you lose the right to cancel your purchase of any digital product, when you start to download or stream it.

    2. If you change your mind, please contact our Customer Service Team (using the details in Paragraph 13 below). If you have purchased goods or services via our websites we will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We will refund you by the method you used for payment. We don’t charge a fee for processing the refund.

    3. If you have purchased a physical card from a retailer containing a QR Code to access digital products and services via our websites you will need to contact the retailer directly for a refund.

  6. Termination
    1. Either party may terminate an on-going contract (for example, for regular services or a subscription to digital content) with 30 days’ prior written notice to the other party. Should you wish to terminate, this notice can be sent via email to our Customer Service Team (using the details in Paragraph 13 below).

    2. If you think there is something wrong with your product, you must contact our Customer Service Team immediately.

  7. Amendment to digital products and terms

    1. We can always change a digital product:
      1. to reflect changes in relevant laws and regulatory requirements;
      2. to make minor technical adjustments and improvements, for example to address a security threat (these are changes that don’t affect your use of the product); and
      3. to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

    2. We can make changes to these Terms and we will endeavour to notify you if any material changes are made which may impact your access to or use of the digital products or services. If we revise these Terms, we will update the “Last Updated” date at the top. Any changes we make will be effective immediately upon posting on our websites. Once the updated Terms are in effect, by continuing to use our services or digital products after that date, you agree to the changes.

  8. Suspension or Withdrawal
    1. We can suspend the supply of a product. We do this to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements; or
      3. make changes to the product (see we can change products and these terms).

    2. We will contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply, for more than 30 days you can contact our Customer Service Team (using the details in Paragraph 13 below) to end this contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

    3. We can stop providing a product, such as an ongoing service or a subscription for digital content. We will let you know at least 7 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

  9. Limitation of Liability

    1. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
      1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
      2. Caused by a delaying event outside our control. As long as we have taken the steps set out in Section 4 (Delays) we’re not responsible for delays outside our control.
      3. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice or by correctly following instructions or having the minimum system requirements advised by us. Similarly, if a loss is suffered as a result of your negligence we will not be liable for this.
      4. A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

    2. To the greatest extent permitted under applicable law, we are not liable for legal fees or for indirect, incidental, special, punitive, or consequential damages of any type, or for any loss of profits, revenue, goodwill, reputation or enjoyment, or for any distress, whether arising directly or indirectly from your use of our digital products or services.

  10. Privacy & Cookies Policy

    1. How we use any personal data you give us is set out in our Privacy & Cookies Policy www.pandgcards.com/privacy-policy.

  11. Disputes
    1. Our Customer Service Team (who can be contacted using the details in Paragraph 13 below) will do their best to resolve any problems you have with us or our products or digital services. If any dispute arises, we shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable resolution satisfactory to both parties.

    2. Nothing in these Terms affects or restricts your statutory rights, your right to make a complaint to the CCPC (Competition and Consumer Protection Commission), or your right to pursue court proceedings or other forms of dispute resolution such as through the European Union Online Dispute Resolution Platform (“EU ODR Platform“), a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider.

    3. These terms are governed by Irish law and wherever you live you can bring claims against us in the courts of Ireland. If you purchase our products or digital services outside of Ireland we can claim against you in the courts of the country you live in should we wish to do so.

  12. Other important terms apply to our contract
    1. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. If you’re unhappy with the transfer you can contact our Customer Service Team to end this contract within 30 days’ of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.

    2. You cannot transfer your contract with us to someone else.

    3. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

    4. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

    5. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

  13. Contact Us       

    1. You can contact our Customer Service Team using the details below:
      1. Email: info@pandgcards.com
      2. Address: P&G Cards Limited, Clooneyourish, Athleague, Co.Roscommon, F42 X377; and
      3. Telephone: +353 906 663802.