Terms and Conditions
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.zippi.co.uk ( the Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Zippi, a trading style of My Photo Gifts Limited, company registration number 11754916
1. USE OF THE WEBSITE
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download temporary extracts from the Website for your own personal use on the following basis:
(a) Such extracts do not compromise a substantial part of the whole Website or particular image which are you viewing;
(b) Such extracts are used ONLY for the purpose of choosing which image you wish to use in your order;
(c) no documents or related graphics on the Website are modified in any way;
(d) no graphics on the Website are used separately from the corresponding text; and
(e) Our copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service access
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. Visitor material and conduct
4.2 You are prohibited from uploading, posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) which harms children under the age of 18 in any way, including but not limited to any material which violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct;
(c) for which you have not obtained all necessary licences and/or approvals (including but not limited to the consent of individuals featured in any photograph images); or
(d) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(e) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You accept that We do not pre-screen submitted material and We will have the right to reject or remove any material that is available via the Website.
4.4 We may review your order and any material submitted for adherence to these Terms and Conditions.
4.5 We do not endorse any material submitted to the site by you, or any opinion, recommendation, or advice expressed therein, and expressly disclaims all liability in connection with material submitted to Us.
4.6 You agree that you are responsible for the creation and compilation of your submitted material and we nor any other party involved in the production of your Goods which incorporates your submitted material assumes responsibility.
4.7 Our production of your Goods depicting your submitted material does not indicate that We approve of the submitted material, that the submitted material obeys all applicable laws or you are absolved of any liability arising from the use of the submitted material.
4.8 You may not misuse the Website (including, without limitation, by hacking).
4.9 We and you shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.8.
5. Links to and from other websites
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.1 If you wish to become an associate and upload and store your own artistic works as images for use by third parties in our gallery, you may apply to do so here.
6.2 We direct your attention in particular to the warranties given by you as a user of the Website in clause 11 and you agree that you have read them and understand their legal effect.
6.3 We will pay accrued earnings in accordance with the following section.
6.4 We will account to you in respect of the amount of use of your image in accordance with the payment rate [agreed between us/set out at here]. Payments for royalties in respect of the use of your work ("Earnings") will be made within 7 days of the end of the month during which an order for your artistic work was placed once you have reached a Payment Threshold (described below).
6.5 We maintain a statement of your Earnings. You may check your statement in the "MyAccount" section of your account.
6.6 We reserve the right to periodically delete designs that don’t attract sufficient sales or page visits.
6.7 Portfolios may be initially limited pending sales
6.8 We will pay your Earnings in accordance with the selections you make in the "Payment Settings" page in "MyAccount" and We makes the following options available:
6.9 If you haven’t sold anything in the last 6 months, Zippi reserves the right to delete your portfolio. You will be notified by email 7 days prior to your account being deleted.
(a) payment as soon as you have reached the Payment Thresholds (as defined below) set by us from time-to-time; or
(b) have your Earnings held in your account until you choose to have your payment made (after reaching the Payment Threshold set by us); or
(c) hold your Earnings in your account to apply toward a purchase on the Website.
7.1 Each registration is for a single user only.
7.2 To complete your registration you will be asked to provide an email address and a password. You are responsible for keeping your password confidential and are responsible for all activities and/or orders placed under your password and account.
7.3 We do not permit you to share your user name and password with any other person nor with multiple users on a network.
8.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we makes no commitment to update such material.
8.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
9.2 Nothing in this legal notice shall exclude or limit our liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
10. INTELLECTUAL PROPERTY POLICY
10.1 We really respect the intellectual property rights of others and ask that you do the same. We may terminate your account if you infringe, or may infringe the copyright or other intellectual property rights of others.
10.2 If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please tell us as soon as possible and we will be happy to discuss. It would be useful when you contact us if you could provide the following:
(a) A description of the copyrighted work and/or trademark claimed to have been infringed;
(b) Your contact details; and
(c) Where the claimed infringement can be located on our Website.
10.3 You can contact us by email or by phone on 02380 839926
11. PROPRIETORY RIGHTS
11.1 You retain all ownership rights to your material submitted to Us. By submitting this material, you grant Us a non-exclusive, worldwide, perpetual, transferable licence to use, copy, reproduce, modify, publicly display, and distribute your submitted material in order to complete your order.
11.2 You warrant that you are the owner of any material uploaded to our Website and/or submitted to Us and that the material does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others.
11.3 You warrant that there are no outstanding disputes in connection with the property rights, intellectual property rights, intellectual property rights or other rights in the material or any part of the material uploaded to the Website.
11.4 You agree to indemnify Us and our officers, directors, employees, agents and licensors against all and any costs (including but not limited to indirect and consequential loss) incurred and/or arising from any allegation, claim or demand, legal action, misrepresentation or litigation which arises or is based on:
(a) Material that you submit, upload, post or transmit to the Website;
(b) Your use of the Website;
(c) Your connection to the Website;
(d) Your violation of these Terms and Conditions;
(e) Your violation of any rights of a third party.
12. OUR TERMS AND CONDITIONS OF SALE
When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 21.2;
(b) Goods: the goods that We are selling to you as set out in the Order;
(c) Order: your order for the Goods;
(d) Terms: the terms and conditions set out in this document and any other document referred to herewith; and
(e) We/Our/Us: Zippi, a trading style of My Photo Gifts Limited in England and Wales with Company Number 11754916
13. Our contract with you
13.1 These are the terms and conditions on which We supply Goods to you.
13.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
13.3 When you submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 13.4. If We are unable to supply you with the Goods, We will inform you of this in writing and We will not process the Order.
13.4 These Terms will become binding on you and Us when We email you with a written acceptance of an Order at which point a contract will come into existence between you and Us.
13.5 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
13.6 The images on our Website and those which show you what your Goods will look like, are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images and we draw your attention to clause 15 below.
14. Changes to order or terms
14.1 We may revise these Terms from time to time and advise you to check the current terms when placing your order.
14.2 Due to the instant nature of the creation of your Goods upon receipt of your order, you are not able to change your order without our express prior consent.
15. Our Goods
15.1 Normally, as a Consumer you have a right to return online purchases within 7 working days. However, as these goods are made to order and are chosen by and/or personal to you, such right does not apply to the contract between us and you will not be able to return Goods if you later change your mind.
15.2 Where Goods are made according to the image provided by you, the image or images provided to us must be a pixel quality of 810,00 pixels for single image canvases, iPad cases, mousemats, jigsaws and t shirts. For all other products they must be a pixel quality of 128,00 pixels. This is to enable Us to transfer the best quality image onto your Goods. By providing Us with an image that is not of this pixel quality, you fully accept that the image on the Goods may be unclear.
15.3 You fully accept that you cannot return Goods if you are unhappy with the quality of the image of your Goods where this is due to your image not meeting our pixel requirement in clause 15.2 and we accept no liability in that regard.
15.4 With the exception of Cushions that fully conform to all UK Fire & Safety regulations we do not offer any guidance or guarantee regarding fire retardancy or fire resistance on our products
16. If the goods are faulty
As a consumer you have legal rights in relation to Goods that are faulty. If you feel that your Goods are faulty then please contact us here and we will be happy to help.
17. Delivery of goods
17.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
17.2 Your order confirmation will contain an estimated delivery date. This is an estimate and occasionally delivery may be later due to an issues with the carrier. In this instance we would be happy to refund delivery costs charged on request but there will be no refund of the cost of the product. In an Event Outside Our Control. See clause 21 for Our responsibilities when this happens.
17.3 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us.
17.4 If no one is available at your address to take delivery, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery.
17.5 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments or to multiple addresses, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
17.6 The Goods will be your responsibility from the completion of delivery.
Seller's guarantee of goods
18.1 We guarantee that on delivery and for a period of 14 days from delivery, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 18.2.
18.2 This guarantee does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions;
(d) any specification provided by you;
(e) failure to comply with clause 15.2..
19. Price and payment
19.1 The price of the Goods will be set out on our Website at the time you place your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
19.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
19.3 The prices for the Goods exclude delivery costs, which will be added to the total amount due.
19.4 You must make payment for Goods in advance by credit or debit card.
19.5 We do not to keep any of your financial data on file. Once the transaction process is complete the financial information is NOT stored and you will therefore be required to re-enter your payment details for every future transaction. We do not store credit card details nor do we share customer details with any 3rd parties.
19.6 Only one discount voucher code can be used for each transaction. A discount voucher code cannot be used in conjunction with any other Zippi offer.
20. Our liability to you
20.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable.
20.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
20.4 Subject to the above, our maximum liability to you in all cases shall not exceed the amount paid by you in respect of the Order under which our liability arises.
21. Events Outside Our Control
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
21.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, disruption to service attacks.
21.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
22. Your rights to cancel and applicable refund
22.1 As our Goods are made to order and personal to you, you will not be able to cancel your Order once an order confirmation has been sent. This will not affect your legal rights as a consumer in relation to made-to-order Goods that are faulty or not as described.
23. Our rights to cancel and applicable refund
23.1 If We have to cancel an Order for Goods before the Goods are delivered:
(a) We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 23.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.24. Information about us and how to contact us
24.1 We are a company registered in England and Wales. Our company registration number is 11754916
24.2 If you have any questions or if We can do anything to help , please contact Us. You can contact Us by telephoning Our customer service team on 02380 839926 or by emailing us
24.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing you can send this to Us by email. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, to the email address provided to Us at the time you place your order.
25.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
25.3 Zippi and third-party vendors including Google, using first party (Google Analytics cookie) and third party cookies (Double Click & Criteo cookie) together to inform, optimise and serve ads based upon past visits to our website. More specifically our website has implemented and uses display advertising, and we utilise Google Analytics to implement a specific feature called remarketing. Remarketing is a feature fo Google Adwords that allows us to optimise the delivery of ad content targeted to a visitor interests based upon previous visits to our site. More info about Google Analytics Remarketing lists can be found here https://support.google.com/analytics/answer/2611268?hl=en.
To opt out of Google Analytics for display advertising you may do so by using the Google Ads preference manager here - https://adssettings.google.com . There is also a download to opt in your browser here - https://tools.google.com/dlpage/gaoptout
To opt of Criteo remarketing please visit https://www.criteo.com/privacy/ and opt out of Criteo Dynamic Retargeting.
26. OTHER IMPORTANT TERMS
26.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
26.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
26.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
26.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
26.5 Governing Law. These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.