Terms and conditions

1. These terms

1.1. What these terms cover. These are the terms and conditions on which we supply goods to you.

1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, 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. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1. Who we are. Picsme is a trading name of ESP Colour Limited, registered in England and Wales under company number 03513763. Our address is Millbuck Close, Elgin Drive, Swindon, Wiltshire, SN2 8XU. Our VAT number is GB 325857087.

2.2. How to contact us. You can contact us by writing to us at hi@picsme.co.uk.

2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2.5. We offer products, references to an order will mean the order for product(s), as relevant.

3. Our contract with you

3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the relevant product. This might be because the product is out of stock, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or for other unexpected reasons that we could not reasonably plan for.

3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4. Pre-orders. Where goods are offered for pre-order, we will tell you that this is the case, and what we expect the date of release of the goods for despatch to you to be.

4. Our products

4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3. Making sure your personalised messages are accurate. If we are personalising the product for you, you are responsible for ensuring that the information you have provided is correct. You will have an opportunity to review this before completing your order. Changes cannot be made by you after the order has been made.

5. Providing the products

5.1. Delivery costs. The costs of delivery will be as displayed to you on our website.

5.2. Delivery times. Our delivery estimates include production and are set out in our delivery policy and at checkout. We will deliver within the agreed period or, if no other period is agreed, without undue delay and within 30 days of accepting your order. If we cannot meet an agreed delivery date, we will contact you. Your legal rights in relation to late delivery are not affected.

5.3. Delays outside our control. If supply is delayed by an event outside our control, we will contact you as soon as possible and take steps to minimise its effect. This does not affect your legal rights, including any right to end the contract and receive a refund where delivery is significantly delayed.

5.4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will normally be left informing you of how to rearrange delivery or collect the products from a local depot.

5.5. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot the goods may be returned to us. Any further delivery will be subject to additional delivery costs. We will contact you for further instructions.

5.6. When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.

5.7. When you own goods. You own a product once we have received payment in full.

5.8. Personalisation content. You must not include any content for personalisation that is inappropriate or infringes the rights of any third party, including content that is obscene, threatening, hateful, defamatory, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory or that will be likely to harass, upset, embarrass, alarm or annoy any other person. We may in our reasonable discretion refuse to use any content that we believe is inappropriate or infringing in personalising products.

6. Your rights to end the contract for products.

6.1. Your rights to end the contract. Your rights depend on what you have bought, whether there is a problem with it, how we are performing and when you decide to end the contract:

6.1.1 If a product is faulty or misdescribed, you may have a legal right to reject it, have it repaired or replaced, or receive a refund or price reduction. See clause 9.

6.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;

6.1.3 If you have changed your mind, see clause 6.3. The statutory change-of-mind cancellation right does not apply to personalised goods. Please check your design before ordering. Contact us immediately if you notice a mistake; changes cannot be guaranteed once an order is placed. This does not affect your rights if goods are faulty, misdescribed, not supplied or otherwise do not conform to the contract. For eligible non-personalised goods, you pay the direct return costs when cancelling because you have changed your mind.

6.2. Ending the contract for products because of something we have done or are going to do. If you are ending a contract for a reason set out in this clause 6.2 the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

6.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

6.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;

6.2.3 you have a legal right to end the contract because of something we have done wrong.

6.3. How long do I have to change my mind? For goods that have not been ordered to be personalised, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods

7. How to end the contract for products with us (including if you have changed your mind where you have the right to do so)

7.1. Tell us you want to end the contract. Email hi@picsme.co.uk with your order number and the items concerned. We will provide return instructions and confirm any return postage arrangements. For an eligible change-of-mind cancellation, tell us within 14 days after the day you receive the goods, then send them back within 14 days after notifying us. You do not have to use a particular form to exercise your statutory cancellation right.

7.2. Who pays return postage. The following rules apply:

7.2.1 We pay reasonable return postage or collection costs if the goods are faulty, damaged on arrival or misdescribed.

7.2.2 We also pay return costs where you have a legal right to end the contract because of our error or breach, including the circumstances described in clause 6.2.

7.2.3 If you return eligible non-personalised goods because you have changed your mind, you pay the direct cost of returning them. A return label is not automatically free. In other circumstances, you pay return costs unless we agree otherwise or the law requires us to pay.

7.3. How we will refund you. Where you are entitled to return the products, we will refund you the price you paid for the products (including where relevant the delivery costs), by the method you used for payment. However, we may make deductions from the price, as follows:

7.3.1 For change-of-mind returns of eligible non-personalised goods, we may deduct a loss in value caused by handling beyond what is necessary to establish their nature, characteristics and functioning, as you would in a shop. This is not a restocking fee and does not remove your rights for faulty or misdescribed goods.

7.3.2 For an eligible change-of-mind cancellation, we refund the standard outbound delivery charge where required by law. If you selected a more expensive delivery method, we are not required to refund the extra amount above our least expensive standard delivery option. Your rights where goods are faulty or misdescribed are not affected.

7.4. Refund timing. For eligible change-of-mind returns, we refund you without undue delay and within 14 days after receiving the goods back or evidence that you sent them, whichever is earlier. Where you exercise a statutory right to reject faulty goods, a refund is made without undue delay and within 14 days after we agree that you are entitled to it. Refunds use the original payment method unless you expressly agree otherwise, and we do not charge a refund fee.

8. Our rights to end the contract

8.1. We may end the contract if you do not make any payment to us when it is due.

8.2. We may withdraw the product . We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid for products which will not be provided.

9. If there is a problem with the product

9.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at hi@picsme.co.uk.

9.2. Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

9.3. Returning rejected products. If you reject goods because they are faulty or misdescribed, contact hi@picsme.co.uk for return or collection instructions. We pay reasonable return costs. Please describe the problem and, where helpful, include photographs so we can assess it promptly. Providing photographs is not a condition of exercising your statutory rights.

10. Price and payment

10.1. Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on the order pages and/or at checkout when you placed your order. We take all reasonable care to ensure that the price advised to you is correct. However, please see clause 10.3 for what happens if we discover an error in the price of what you ordered.

10.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

10.4. When you must pay and how you must pay. For products, the payment methods that we accept will be identified at the point of checkout for any transaction. We will normally take payment at the point of your order. In any event, you must pay for the products before we despatch them.

10.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11. Our responsibility for loss or damage suffered by you

11.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for their particular purpose; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987

11.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. How we may use your personal information. We will only use your personal information as set out in our privacy policy.

13. Other important terms

13.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

13.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4. If a court finds part of this contract illegal, the rest will continue in force. 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.

13.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

13.7. Data protection. Personal data provided to or used by us in connection with this website or an order is handled in accordance with applicable data protection law and our privacy policy at privacy policy.

14. Discounts

14.1 Product offers and delivery. The eligible products, prices and delivery charges are shown on our website and at checkout. Product discounts do not apply to shipping charges.

14.1.2 We may change promotional prices and free-delivery offers for future orders. Changes do not alter the price of an order we have already accepted or remove an existing Picsme Forever entitlement.

14.1.3 Check your order total before paying. Any applicable product discount and delivery charge will be shown before you complete your purchase.

14.2 Picsme Forever. The programme is explained at Picsme Forever.

14.2.1 Create an account and make a qualifying purchase of £50 or more to unlock your Picsme Forever discount for eligible future purchases.

14.2.2 Sign in to the qualifying account when you return. Eligible products receive a total discount of 50%, including any existing offer. For example, an existing 30% offer is topped up to a total 50% discount; a product already discounted by 50% receives no further loyalty discount. Shipping charges and extra photo book spreads are excluded.

14.2.3 Once unlocked, your Picsme Forever entitlement is permanent and stays with your qualifying account.

14.4 Free mainland UK delivery is available on orders of £30 or more. See delivery information for delivery services, prices and destination information.