These are the terms and conditions (Sales Terms
) on which we sell our products to you through any website, application, product or software (the Site
). Please read these Sales Terms carefully before you place an order with us. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
ADDITIONAL TERMS THAT APPLY TO YOU
These Sales Terms refer to additional terms, which also apply to your use of our Site:
- Our website terms which will apply whenever you use our Site.
By using our site, you confirm that you accept these terms and you agree to comply with them. If you do not agree with or accept any of the terms, you must not use our Site.
INFORMATION ABOUT US AND HOW TO CONTACT US
The essentials of My Icon Story
My Icon Story allows you to:
- create and order bespoke, customised prints from icons in our online library using our online tools;
- to select and order prints from a range of completed designs displayed on our Site, including designs created with our selected partners; and
- to request new/personal icons to feature on your icon story print creation.
Everything we sell is printed to order.
As we evolve and change over time, we may add products and features or remove products and features from our Site. This can include updating or re-designing existing icons.
Who are we and how can you contact us?
We are My Icon Story Limited, a company registered in England and Wales (company number 10546468)
To contact us, please email firstname.lastname@example.org
To place an order on the Site you must be:
- legally capable of entering into binding contracts; and
- at least 18 years old, unless a parent or guardian is supervising you placing your order.
The price of any products will be as quoted on the Site from time to time, except in cases of obvious error.
Prices include VAT but exclude any delivery costs, which will be added to the total amount due.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Site as up to date as possible, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on the Site, so we cannot confirm the price of a product until your order is accepted in accordance with our order process set out below.
After placing an order through our Site, you will receive an e-mail from us acknowledging that we have received your order.
We accept payment by all major credit or debit cards, or by using e-vouchers (website only). Payment will be taken immediately.
We will not dispatch the products until payment has been received in full.
The contract between us and you will only be formed when we take payment from you.
We may decline to accept an order in circumstances including but not limited to:
- your payment not being authorised;
- you not satisfying the status requirements set out in the section “about you” above;
- product(s) ordered not being available from stock and/or suppliers; or
- where a pricing or product description error has occurred.
Dispatch of your order will be confirmed by our third party delivery provider. This confirmation will be sent by either e-mail or SMS and will include an estimated delivery time and tracking number.
Because everything we sell is made to order, if for whatever reason you wish to cancel or make a change to your order after placing your order, please contact us as soon as possible and we will see what we can do. Without prejudice to your statutory rights, we cannot make any guarantee that we will be able to make any changes due to the speed of our printing process.
For all products that are bespoke, personalised or unique, we are unable to offer cancellation, refunds and exchanges because we can’t re-sell your personalised design to someone else.
For all products which are not bespoke, personalised or unique, the following terms apply under consumer laws:
- You are entitled to cancel your contract, provided that you exercise your right no longer than 14 days after the day on which you receive the goods.
- Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
- You can cancel by email: email@example.com
- If you decide to cancel, you should return the products to the returns address on the front of the packaging: Eyecandy Art Group Ltd, Cetec House, Lincoln Road, High Wycombe, Berkshire, HP12 3RG at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
- We will make the reimbursement no later than 14 days after the day we receive the products back from you.
Refunds and exchanges
It is your responsibility to ensure that the design is correct before completing your order. This is why we generate a proof image for your approval. By placing your order, you confirm that you have checked this proof. We are unable to offer a refund or exchange if you have made a mistake (for example if you have selected an incorrect icon or colour or misspelt personalised text on the design).
Products may vary slightly from their pictures. The images of the products and the icons displayed on the Site are for illustrative purposes only.
Although we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the printed product, and your product may vary slightly from those images, because of the difference in the way colour is produced on a device’s screen and how it is produced on a printer.
The proof image that is generated is a computer-generated image based on the icons chosen by you. The spacing of the icons printed on your final product are spaced evenly by measuring the distance between each icon. Although we make every effort to be as accurate as possible, because our products are handmade, all sizes, capacities, dimensions and measurements indicated on our website are approximate.
If however there is a fault with your product, or we have made a mistake, we will be happy to offer a refund or exchange. Please contact us as soon as possible after receipt of your order if there is a problem with your product. This is in line with your statutory rights.
Summary of your key legal rights
This is a summary of your key legal rights.For detailed information please visit the Citizens Advice or go to www.adviceguide.org.uk
The Consumer Rights Act
says that your goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty you can get an immediate refund
- Up to 6 months: if your goods can’t be repaired or replaced then you’re entitled to a full refund, in most cases
- Up to 6 years: if your goods don’t last a reasonable length of time you may be entitled to some money back
The costs of delivery will be as displayed to you on our Site.
We aim to send your product to you in line with the timescales set out on our Site, however delivery dates are estimates only and we do not guarantee delivery dates.
We deliver to the locations and countries listed on our Site. We do not accept any liability arising from any attempt by you to purchase or any subsequent delivery of products if such action is prohibited or illegal in the country where you are ordering from or having the products delivered to. You should take legal advice in cases of doubt and you are wholly responsible for ensuring that you are permitted to purchase our products from the country you access the Site from and the country you import them into.
If you order products from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will remain responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Delivery delay outside our control
We are not responsible for delivery delays outside our control. If the supply of our products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of a substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
We are not responsible for a delivery delay if you have given us an incorrect delivery address on your order. If an order does not arrive due to a mistake you have made, we will do our best to help recover your products but if a replacement product is necessary then we reserve the right to make a charge.
If no-one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you how to rearrange delivery or collect the products from a local depot.
Products missing or damaged in-transit
If the products are damaged in transport please contact us and we will arrange for you to return of the damaged product to us (we will refund the postage for this) and will send you a replacement as soon as possible.
If your products fail to arrive and we cannot trace them via the courier within a reasonable time, we will send you a replacement product.
We will examine any damaged product and notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund.
Risk in the products
The products will be at your risk from the time they are delivered to you.
SITE CONTENT RULES
Use of designs and products
Designs, icons, prints and all products created on myiconstory.com are not under any circumstances to be resold for profit, or for the purpose of providing a "design service" for clients who are not direct customers of My Icon Story. Products are for personal, private use only, or for limited use in a corporate space (for example as artwork, displayed for decoration in your office or business). Use of designs and icons for any purposes other than those listed in these Sales Terms is strictly prohibited unless you obtain our prior written consent.
All icons requested by customers using the icon request form, and any rights (including copyright) in those icons, automatically belong to My Icon Story. By requesting an icon through the Site you agree to that icon being made available on our Site and to public display for users of myiconstory.com to access, and that any user of the Site can use it on their own print. The icon collection on myiconstory.com is a continually growing library of original icons designed by our design team who add new icons to the Site on an adhoc basis.
All prints created on myiconstory.com may be added to our customer gallery page for public viewing and are used as examples on myiconstory.com and in our branding, advertising and marketing materials including our social channels. We cannot guarantee that other customers will not choose the same icons and prints as you. All icons are available to all customers. If you would like your design removed, please contact us soon as possible and we will remove it from our public gallery.
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to My Icon Story are owned by, or licensed to, us. You may use and access the content on our Site only to the extent required to purchase products in accordance with these Sales Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from My Icon Story, or any of the material which is found on My Icon Story unless properly licensed to do so by us. You are not allowed to use My Icon Story (or to copy or use any material found on My Icon Story) for any commercial purpose other than to conduct the purchase of a product from My Icon Story. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from our Site.
If you would like something completely bespoke please contact us and one of our design team will be able to discuss your requirements. Bespoke designs will incur an additional charge, dependent on the level of design time and complexity. We will agree the charges applicable to any bespoke products with you at the time.
OTHER IMPORTANT TERMS
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Sales Terms by you or any other liabilities arising out of your use of this Site, or the use by any other person accessing the Site using your account and/or your personal information.
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.
Our liability for losses you suffer as a result of your use of the Site, or any product purchased is limited to the price of the product purchased. If you did not purchase any product then our liability is limited to £25.
Nothing in these Sales Terms is intended to limit or exclude any statutory rights you may have as a consumer (if any) or limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Site (or any part of it) and you confirm that we will not be liable to you or any third party for any modification to or withdrawal of the Site; and
- change the Sales Terms and other terms on this Site from time to time, and your continued use of the Site (or any part of it) following a change will be deemed to be your acceptance of that change. It is your responsibility to check regularly whether these Sales Terms have been changed. If you do not agree to any change then you must immediately stop using the Site
Law and jurisdiction
These Sales Terms and any contract formed between you and us are subject to the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction over any disputes.