The Qwertee Terms and Conditions are applicable every time you access our website and/or order goods from our website. Please note that these Terms and Conditions also incorporate the following sections, which we advise that you read:
Before proceeding with an order, you will be required to show that you have read and understood the following terms and conditions. We recommend that you print a copy of these Terms and Conditions for your future reference.
1.1 This site is owned and operated by Ubertee Ltd (trading as Qwertee). Our registered office is 13 Upper Baggot St, Second Floor, Dublin 4, Ireland, Registered in Ireland No 476552 . VAT registration number IE9732470B.
1.2 All rights in this website are owned by us. Any unauthorised use, copying or modification is prohibited.
2.1 All orders placed through our website will be subject to our acceptance of the order.
2.2 When you submit an order to us on our website, you will receive an order confirmation email/invoice of this order saying that we are processing your order. You will then receive a second email from us when your order has been dispatched and giving you estimated timescales for delivery.
Neither of these above emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery.
You should check both emails for accuracy and let us know immediately if there are any errors. If you order does not deliver to you as a result of innacurate address information being supplied we will not be liable to provide a replacement shirt/refund.
We offer 2 delivery options, standard and guaranteed delivery. If you place an order with standard delivery Qwertee will not be responsible for your order not reaching you due to to issues with your national postal carrier. If you choose the guaranteed delivery option and your shirt does not reach you due to difficulties with your national/local postal service Qwertee will resend your order (if available) or refund you.
You appoint us Qwertee.com in respect of each order you place with us on an irrevocable basis as your agent for the purposes of us giving instructions on your behalf in relation to section 84 of the Postal and Telecommunications Services Act 1983 and thereby permit postal packets addressed to you to be opened, delayed, detained and/or for the due delivery of the postal packet to you to be interfered with or prevented.
2.3 Promotional codes are codes that enable customers to obtain benefits such as discounts, free delivery and free gifts. These codes are non-transferable so may only be used by the person to whom they are issued and must only be used in accordance with their terms and conditions of use. If you use a promotional code to claim a promotional benefit, you must first check that it was issued to you and that you are eligible to use it. By using it to claim a promotional benefit you will be confirming that:-
If, before accepting your order, we find that you are not entitled to use the code or do not meet all the terms and conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied. If, after accepting your order, we find that you were not entitled to use the code or did not meet all the terms and conditions of its use, we may reverse the benefit that you obtained. If you transacted on a cash basis e.g. by debit or credit card, we may take a further payment, equivalent to the value of the benefit obtained, from the card used. If you transacted on a credit basis, the value of the benefit obtained may be charged to your credit account.
2.4 Should you wish to cancel your order or return any goods, please go to the Returns section for further information
2.5 Please note, you are responsible for all purchases made on your account and are personally liable for the full outstanding balance.
3.1 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
3.2 All prices shown on our website are inclusive of VAT where applicable
3.3 T-Shirts may be returned to Qwertee.com for exchange/store credit within 14 days of the date of sale. If you wish to return a shirt to us please use the returns form in the Help/FAQ section. Due to the extremely limited edition nature of our products (we printed your shirt specifically for you) exchanges are ususally not possible.
4.1 We make every effort to deliver goods within the estimated timescales, however, delays are occasionally inevitable. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales.
4.2 All items are subject to stock availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A refund will be given on request where you have already paid for the goods.
4.3 We offer a guaranteed post option for customers who require this. Unlike the regular post option, registered post includes insurance against your shirt(s) being lost in the post, if this happens we will send you a replacement shirt(s) if possible or refund you if not
4.4 When we deliver your items to you, you may be asked to sign for the goods to acknowledge that you have received them.
4.5 If a t-shirt is damaged or the wrong size has been sent please contact us through the contact page and we will arrange an appropriate remedy.
Please make sure that you have read and understood our Privacy Policy which explains how we safeguard any data which you provide to us in order for us to fulfil your online order.
Artists and Designers submit their designs to Qwertee.com for voting, the most popular designs are printed and put on sale for a limited time, (normally 24 hours). After this they are no longer available for sale on Qwertee, though a gallery of previous designs (Previous Tees) is maintained.
If your design is selected to print you grant us temporary rights (24 hours unless otherwise agreed) to sell your design, we will pay you €1 per shirt sold for the duration of the time on sale. You will be paid within 24 hours of your shirt finishing being on sale by PayPal.
At the end of the sale period you retain full rights to your design and may chose to use it as you see fit. Qwertee will display your shirt in the Previous Tees section and you can link to another site (Redbubble etc) if you wish to sell the same design elsewhere.
Feel free to promote your designs up for voting on other sites and to friends to increase your chances of being printed. Fraudulent votes will not be counted and any attempts to vote repeatedly will result in your design possibly being removed. So by all means get friends to vote for you, but please play fair:)
1) By submitting your design to Qwertee.com you hereby agree to the following terms and conditions (terms and conditions), which serve as a binding contract (the Contract) between you and Qwertee.com/Ubertee Ltd (Qwertee) in consideration for Qwertee evaluating your Design for its possible use on clothing (specifically t-shirts). If you do not agree to these terms and conditions your entry will be invalid and you may not participate in the Competition.
2) For the purposes of these terms and conditions, 'Rights' shall mean all rights, title and interest in and to any copyright, inventions, discoveries, trade names, trademarks (registered and unregistered) designs and design rights (registered and unregistered), badges of trade, get-up, and any other intellectual property rights of a cognate or similar nature arising anywhere in the world in the Design.
3) You agree and warrant to Qwertee by submitting any logo, icon, symbol, image, slogan, word, combination of words, photographic image, graphic design or any other type of design (the Design) for consideration in a contest or competition (the Competition) that you have the authority and the right to assign and convey the rights granted here under;
a. that the design need not be exclusive to Qwertee, though if you are submitting a design that is used elsewhere, submitting to Qwertee should not contravene any conditions you have agreed to with a 3rd party.
b. that the design may have been submitted previously to any other competition, Qwertee or other so long as this does not break any prior agreement or contract.
c. that the design is not obscene, discriminatory or racist,
d. that the design is not libellous, slanderous or defamatory,
e. that the design will not infringe upon any rights of privacy,
f. that the design is clear and free from any impediment, hindrance, encumbrances or liens, legal or otherwise,
g. that the design is not subject to any third-party agreements, arrangements or rights (registered and unregistered), that would interfere with their use on the products,
h. that the design will not infringe upon any copyright or third party rights (registered and unregistered),
i. that the design is original,
j. that you have not created the Design as an employee in the course of your employment
k. that you are the owner of the Rights, you have full power and authority to enter into the Competition on these terms and conditions and have not assigned or granted a licence of the Rights to any third party; and you shall do nothing to prejudice or threaten the validity of the Rights.
l. You shall indemnify Qwertee for all costs, expenses (including reasonable legal fees), loss of earnings and legal liability in the event of a breach of any of the foregoing warranties or representations.
4) Should your design be selected for use:
a) You grant Qwertee temporary rights to use your design for 24 hours (unless otherwise agreed). Your design will be sold on the Qwertee.com site, the numbers of shirts that are ordered will then be produced.
b) For every copy of your design that sells during this period you will be paid €1.
c) At the end of the agreed sale period you retain all rights to your design and may use it for any purposes you see fit. Qwertee retains the right to display your design in the Previous Tees section of the site and to use it (if required) for Qwertee promotional purposes.
5) Qwertee reserves the right to, at its sole discretion, decline to select a Design and or remove any Design from publication and or sale where that Design is of poor quality (as further explained in Design Submissions), or where the Design creates or could potentially create legal liabilities, problems, or is inconsistent with spirit and letter of Qwertee's policies.
6) Designs accepted onto Qwertee.com and posted to the website may be removed from the website and competition at any time due to poor performance or at the sole discretion of the Qwertee staff.
7) You further agree not to use the Qwertee blogs or any other part of the website or other associated media to promote the products and services of any company that operates in competition with Qwertee.
9) The decisions of Qwertee are final and binding.
10) Payments:
For every copy of your design that sells during this period you will be paid €1.
Payments will be made by PayPal within 72 hours of the design ending being on sale.
You alone will be responsible for the payment of any tax that arises as a result of receiving payment from Qwertee.
11) No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
12) This Agreement, in whole or in part, may be freely assigned by Qwertee. You may not assign this agreement in whole or in part without the prior written approval of Qwertee.
13) If any clause, part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law or statute or other jurisdiction, the validity of the remaining portions or provisions shall not be affected thereby.
14) A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
15) All manufacturing and marketing decisions regarding each Design are left to the sole discretion of Qwertee.
16) Qwertee reserves the right to make necessary minor adjustments or changes to submitted designs in order to conform artwork to manufacturing requirements. Qwertee also reserves the right to make any other final decisions pertaining to a design's ink colours, sizing, placement, application, or embroidery.
17) Qwertee reserves the right to change and or vary the rules and regulations of its competitions at any time at its sole discretion. The current rules shall be those that have been most recently published and or updated on the website.
18) The Competition and these terms and conditions shall be governed by and construed in accordance with Irish law, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different country. Disputes arising in connection with the Competition and/or these terms and conditions shall be subject to the exclusive jurisdiction of the Irish courts. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the courts of Ireland.
