Terms & Conditions

Effective Date: January 2024

Welcome to graphicdesignfm.com (Site).

This Site is owned and operated by Federica Moscatelli (referred to in these terms as “FM Graphic Design,” “I,” “me,” and “mine”). Please take the time to read the terms of use applicable to the use of this Site and the content made available to you via this Site and my social media channels (“Terms”). These Terms, together with my Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user,” “you,” and “your”). I would appreciate it if you would take some time to read the conditions set out below, as they apply to your use and enjoyment of my Site.

CONSENT TO SITE TERMS

By accessing and using this Site, my social media channels, and any other materials made available to you or provided to you on this Site, whether available for purchase or not, you are deemed to accept these Terms.

NO MINORS

By using the Site, accessing, or purchasing any products or services, you warrant that:

You are over 18 years of age and have the legal capacity to enter into a legally binding contract.
You have read and accepted these Terms.
You will comply with these Terms.

CHANGE TO THESE TERMS

I reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date I post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of my Site and services. If at any time you choose not to accept these Terms, you should not use this Site. By remaining on this Site, your continued use is deemed acceptance of any modifications or amendments to these Terms. You may also accept these terms by clicking “Agree,” “Accept,” or “Buy” where such an option is made available during your use of the Site. If you are uncertain about the Terms or anything else on this Site, please do not hesitate to contact me before completing any purchase.

INTELLECTUAL PROPERTY

The Site, products, and services contain intellectual property owned by me and/or by third-parties that license the content to me (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents, and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the services, and access to any content do not grant or transfer any rights, title, or interest to you in relation to this Site, the services, or the content.

NO COMMERCIAL USE

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever the Site, services, or the Content, my Intellectual Property, and Third-Party Licensed Intellectual Property in whole or in part without my prior written consent. I reserve the right to immediately remove your access to my Site, products, and services, Content, without a refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

My Site and social media channels may have links to other sites operated by third parties. Unless I expressly tell you otherwise, I do not in any way, endorse, control or approve of, and nor am I responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and I recommend that you investigate and do your homework to find that out.

PRIVACY

These Terms also include my Privacy Policy, which sets out how I use your personal information. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance, or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from me solely by means of electronic transmission. You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop, or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

CREATING AN ACCOUN

To place orders and access certain features of the Site, you may need to register an account. This requires providing accurate information, including your name, business name, address, a valid email address, and telephone number, and you must be at least 18 years old. You warrant that any information provided during the account setup process is accurate and correct at the time of submission. Additionally, you commit to updating the information if any changes occur. You are solely responsible for the activity on your account, including orders placed on it, so ensure the security of your account password. I reserve the right to suspend or cancel your account at any time, at my sole discretion, if you violate any provision of the Terms or applicable law, or if your conduct adversely affects my reputation.

DIGITAL PRODUCTS

Upon purchasing a downloadable product from this Site, you will receive an email with a link to complete your product purchase, including, where applicable, a direct download link. Some products may be available on this Site without the need for purchase or download. You agree and accept full responsibility and risk for downloading and using these products. You also agree to indemnify and hold harmless FM Graphic Design, along with all related entities and personnel, against liability for any harm or loss caused by downloading and using these products. It is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products, and this is not a reason for which I can offer a refund.

REFUNDS FOR ONLINE DIGITAL PRODUCTS

Due to the nature of digital products, any orders received and processed by me for digital products available for purchase online have a strict NO REFUND/RETURN/EXCHANGE POLICY. In the event that the wrong digital product is sent, I will provide the correct digital product, and if the download link is not functional, I will send you the digital product directly or via a revised link at no extra cost.

PRICES AND PAYMENT

All prices are in Great British Pounds (GBP) and inclusive of any Value Added Tax (VAT) where applicable. Prices indicated on the Site may change at any time without advance notice. If you have purchased my products or services, you will be charged at the price in effect at the time your order is validated.

I reserve the right to modify or discontinue a product or service without notice. I shall not be liable to you or a third party for any modification, price change, suspension, or discontinuance of a product or service.

Discounted products and/or services may be offered from time to time. You may only use one discount code per purchase. I reserve the right to reject or cancel orders with more than one discount code. You may use discount codes strictly according to the terms and conditions upon which they were issued, which may include eligibility criteria and a maximum order value. Discount codes or vouchers cannot be used in conjunction with any other offer or promotion.

I offer visitors the option to pay for products and/or services by credit card or other notified payment methods. You acknowledge and agree to make timely and full payments. When using a credit card, you warrant that you have the necessary rights and authority. You authorise me to automatically charge the credit card on file for any payment balances owed and agree to keep billing information current. Failure to make payment or payment decline may result in the revocation of access to the products.

INFORMATION AND ADVICE

Articles and content on my Site are of a general nature and not intended to constitute or replace professional advice. It does not take into account your specific needs or circumstances. The information on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.

I strive to ensure that the colours of products, and services are accurately displayed. However, please note that colours on the Site may appear different based on the device used. This can be for reasons beyond my control and may not accurately reflect the colour of the product, or service.

Referencing any products or services on my Site, including processes or other information, does not constitute or imply my endorsement, sponsorship, or recommendation of the products or services.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:

For any unlawful purpose;
To solicit others to perform or participate in any unlawful acts;
To contravene any international, national, or regional regulations, rules, laws, or local ordinances;
Attempt to change, remove, deface, hack, or otherwise interfere with this Site or any material or content displaced on the Site;
Hack into any aspect of the Service;
Corrupt data or cause annoyance to other users;
Infringe upon the rights of any other person’s proprietary rights;
Send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
Attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

WARRANTIES AND DISCLAIMERS

This Site and content on the Site are provided on an “as is” and “as available” basis and to the fullest extent permitted by law. I make no representations or warranties about my Site and/or the products, or services, including that:

They are suitable, reliable, complete, secure, accurate, or fit for any particular purpose;
Access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
There is no possibility of failure to store communications or other data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, I am not responsible for any losses and expenses, however arising, including without limitation any direct, indirect, and/or present, unascertained, future, or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of my Site and/or our products or services, your inability to access my Site, interruption or outage of my Site, or the fact that content on my Site or in my services is inaccurate, incomplete, or out of date. My liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Consumer Rights Act 2015.

MY RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify and hold me and my related entities, affiliates, and my respective officers, agents, and employees harmless from any loss, liability, claim, or demand (including reasonable legal fees on a full indemnity basis) made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated

Where you breach any provision of these Terms; or
At any time by me without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.

CEASING MY WEBSITE

I have the right to discontinue this Site at any time, with or without notice to you. I may also exclude any person from using my Site, at any time and at my sole discretion. I will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

I am permitted to assign, transfer and subcontract my rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer, or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with my Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between me and you regarding your use of this Site. They supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to this Site and your use of it.

GOVERNING LAW AND JURISDICTION

In accordance with and governed by the laws of England and Wales, all terms shall be construed and governed. In the event of a dispute, I kindly request that you initially contact me so that both parties can make good-faith efforts to resolve the dispute to our mutual satisfaction as swiftly, cost-effectively, and efficiently as possible. If a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

Ready to create something awesome and extraordinary?

Get in touch