OUR TERMS & CONDITIONS
Swanky Portraits Ltd terms and conditions of online sales to consumers
(UK and Ireland)
Welcome to Swanky Portraits.
Swanky Giftbook is a brand that operates under the umbrella of Swanky Portraits ltd. These terms and conditions apply to the use of the Swanky Portraits site and all related services ("Terms and Conditions") and to all orders submitted by you online in the Swanky Portraits store.
By entering and using our site and its services, you indicate that you agree to use the service only under these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions, do not access or use the service.
These Terms may be changed or updated at any time. Swanky Portraits will inform you in case the Terms are updated more than insignificantly. We recommend that you check the Terms periodically for any updates we might make from time to time.
2. Digital images
When you upload or e-mail a digital image following an order placement, the original resolution of your content should be of a clear quality.
The image we receive will be used as a representation of the likeness we are to achieve. Therefore should you consider that the image is not ideal, please upload an alternative image that you are happy with.
Personalised items cannot be returned or refunded once they have been created. Only in the circumstance that the item is faulty will a refund be considered.
3. Member conduct
We welcome members who use our service for creative projects; however, we do not allow our service to be used for Prohibited Content especially, but not limited to, the following:
Copyrighted material used without the express permission of the owner;
Material that violates the rights of others;
Material that contains viruses, worms, trojan horses or other forms of corruptive code, or any other content that may compromise the Swanky Portraits Service;
Material that advocates illegal activity;
Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
Material that, in any way, is harmful to minors; or,
Material that provides a link to any of the above.
Swanky Portraits has the sole discretion to determine whether content is Prohibited Content, and any content submitted to the service may be subject to examination.
4. Delivery of books and gift items
When ordering books and gift items from our site, the following terms apply to our deliveries and services.
4.1. Order process
(1) Your contractual partner is Swanky Portraits Ltd, whose principal address for business is 48 Frobisher Gardens, Chafford Hundred, Grays, Essex, RM16 6EJ. Should you follow any links to gift ideas on external websites, the provider of that website becomes your sole contractual partner. That provider is solely responsible for those goods and services.
(2) Your order is a binding offer with obligation to pay, subject to acceptance by Swanky Portraits at Swanky Portraits's sole discretion. Your order is accepted by us when we dispatch the goods to you. In the event that we send you an order confirmation, this does not signify an acceptance of your order but is merely to confirm receipt of your order.
(3) Swanky Portraits reserves the right to cancel any order prior to delivery at Swanky Portraits' discretion (whether or not your credit card has already been charged) in the event of any material errors in connection with your order or if any further verification of your credit conditions or records so warrants. If your credit card has already been charged and your order is cancelled pursuant to this sub-section, Swanky Portraits will immediately issue an appropriate credit to your credit card account.
(4) Where an order has been accepted by Swanky Portraits, but prior to dispatch Swanky Portraits discovers the order to be in breach of these Terms and Conditions, Swanky Portraits may not dispatch such order. In such circumstance, Swanky Portraits may refund all or part of the price related to such order, but we reserve the right to charge you for order related processing and printing costs at our sole discretion.
(5) As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. Delivery will however occur at latest within thirty (30) days from the order acceptance by Swanky Portraits.
4.2. Returns/cancellation policy
Customers can cancel an order up to 24 hours from placing an order and can return items without any cause, 14 days from the delivery date.
Please contact us at firstname.lastname@example.org to cancel an item.
Items to be returned can be sent to:
Swanky Portraits, 48 Frobisher Gardens, Chafford Hundred, Grays, Essex, RM16 6EJ
4.3. Prices, shipping charges and payment
All prices are set out in Pounds (£) and are inclusive of statutory VAT and are subject to the delivery charges stated on our website.
Prices, shipping charges and payment terms shall be as specified on the Swanky Portraits website.
Swanky Portraits reserves the right to change prices published on the site at any time.
Swanky Portraits may change credit or payment terms at any time if, in Swanky Portraits's reasonable opinion, your financial condition, previous payment record or the nature of your relationship with Swanky Portraits so warrants.
For PayPal orders your account will be debited after passing the fraud check (normally 1 day) after the order acceptance.
4.4. Reservation of ownership
We retain ownership of the delivered goods until the sum is paid in full and in accordance with these Terms and Conditions.
Risk of loss and damages pass to you upon delivery.
4.5. No right to withdraw
There is no right to withdraw as all goods and services on our websites are made to your specification.
However, if goods or services are faulty, the terms under Notice of defects apply.
4.6. Notice of defects
(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by contacting email@example.com as soon as reasonably possible but in any case no later than within 28 days after the delivery, or in the case of non-delivery, you must notify Swanky Portraits within a reasonable time after the products were expected to arrive.
(2) Please specify the delivery note/invoice number when reporting defects.
(3) Please note that only technical inadequacies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in colour between the images and the original image data are not a defect. There is no defect if reduced quality or likeness is due to the poor quality (for example, low resolution photos were used for the order) of the original image data. Swanky Portraits will request for an alternative photo if the one received does not allow for the best finish; however, we cannot always guarantee the true likeness of a person.
(4) Any defects are rectified by corrections or replacements. Only if these corrections or replacements are unsatisfactory do you have the right to a discount or to a refund for the faulty good/service.
(5) It is important to notice that all sizes mentioned in the site are approximate and some deviations can be expected as the products are created on an individual basis.
5. Legal guarantee
If you have accepted goods but a fault appears within the first 6 months after delivery, Swanky Portraits will at your request on notification, repair or replace the defective goods or, where such remedy is disproportionate or impossible, offer a refund or price reduction.
From 6 months after delivery, you need to prove to Swanky Portraits that the defect was present at the time of delivery in order to invoke such rights. Swanky Portraits may test products upon return and charge you any costs incurred by Swanky Portraits if you wrongly claimed that returned products were inoperable or defective.
If you do have a right of return, Swanky Portraits will either collect the products or pay the costs of returning them.
6. Third party rights, checking and deleting content
(1) You represent and warrant that storing or processing your content or order will not violate any third party copyrights, trademarks or other rights. You are solely responsible for any such violations that you may incur as a result of your image data and we are exempt from any legal actions taken by others.
(2) You are solely responsible for the content of the uploaded image data. You represent and warrant that the content of the uploaded image files do not violate penal law, in particular legislation on the distribution of child pornography or other acts.
(3) We are entitled but not obliged to check the appropriateness of the content you upload. We reserve the right to delete without further notice any of your content or order in whole or in part that violates applicable law or the terms set out under the section member conduct of these terms. Illegal content may be reported to law-enforcement bodies.
(4) You shall bear full sole responsibility for any form of legal proceedings that may be incurred as a result of the images you upload and you shall be liable for any resulting damages. You will indemnify and hold harmless Swanky Portraits from and against all losses, claims, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms by you.
You may have additional rights under your local mandatory consumer laws, which provide you with additional remedies. To the extent that these Terms and Conditions are inconsistent with the mandatory laws of the country where Swanky Portraits delivered their services to you, they are deemed modified to be consistent with such local mandatory laws.
(1) We automatically store the personal information we require from you to use our services. The customer information we collect when orders are placed is processed, stored or otherwise used solely for the purpose of processing the orders and developing the customer relationships. You agree that your personal data may be transferred to other affiliates within the Swanky Portraits corporate group, which may be located outside of the European Union, for the purpose of providing the service and that your image data is stored on servers within Swanky Portraits within or outside of European Union. We guarantee that third parties to whom we pass on your details to be able to offer our services as your payment details for processing payment are subject to the same level of data protection as is required by law.
(2) Except as described above and in the absence of any prior written agreement, we will not pass on your information to third parties for commercial purposes.
(3) You agree that we may use your personal information provided by you to conduct appropriate anti-fraud checks. Personal information that you provide may be checked against a credit reference or fraud prevention agency which may keep a record of that information.
(1) These terms are governed by the laws of England and Wales under exclusion of the UN Convention on the International Sale of Goods.
(2) Any disputes between us will be settled in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
(3) Swanky Portraits Limited is registered in the United Kingdom with number 09961453 and with a registered office of 48 Frobisher Gardens, Chafford Hundred, Grays, Essex, RM16 6EJ, United Kingdom.
Important Note: The Terms and conditions referenced therein that are in effect at the time you submit your order will govern such order, so you are encouraged to print and keep a copy of them for your future reference. To the extent that these Terms, are inconsistent with the statutory laws of England and Wales, they are deemed modified to be consistent with such local law.