Our terms
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply goods to you. These terms also relate to competitions that we may promote; please see clause 13 below for these.
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. We are Picsme a Trading Name of ESP Colour Limited, Company Registration No 03513763 and our address is Millbuck Close, Swindon, Wiltshire SN2 8XU. Our registered VAT number is GB 325857087.
2.2. How to contact us. You can contact us by writing to us at [email protected].
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.
4.4. We may offer gift cards for purchase or provide gift cards. The following terms apply to your purchase (or other acquisition of a gift card) and the use of the gift cards supplied by us:
4.4.1 The value of the gift card can be redeemed by purchasing online from our website during the card’s validity period. The validity period is 12 months from the date of purchase or supply by us of the card to you (as that date is identified in our website records);
4.4.2 The gift card cannot be exchanged for cash or used to purchase another gift card;
4.4.3 A gift card will expire automatically on the first anniversary of the date of its supply by us. The gift card cannot be used after the expiry date and any remaining balance shall no longer be available for use;
4.4.4 We shall not remind you of the date for expiry of the gift card; it is your responsibility to ensure that this date is remembered;
4.4.5 A gift card can be used to pay for all or part of any order made online from our website. No credit will be offered if the value of your purchase is less than the value of the relevant gift card;
4.4.6 Only one gift card can be used for each order made online from our website;
4.4.7 We may update and change the terms relating to the gift cards at any time. This does not affect your legal rights, but it is your responsibility to check these gift card terms from time to time to ensure that you are aware of any changes that we have made and how they may impact your use of a gift card.
5. Providing the products
5.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2. When we will provide the products. We will deliver the goods that you order to you as soon as reasonably possible or, for pre-orders, as soon as reasonably possible after the actual release date. Other than for pre-orders, if this is more than 30 days after the day on which we accept your order, we will contact you with an estimated delivery date. For pre-orders, if the estimated release date that we gave you when you made the order changes materially, we will contact you with the amended estimated release date.
5.3. We are not responsible for delays outside our control. If our supply of the 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 any such delays.
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 utilize any content that we believe is inappropriate or infringing in personalising products.
6. Your rights to end the contract for products.
6.1. You can always end your contract for products with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 8;
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 just changed your mind about the product, see clause 6.3. Orders for personalised goods may not be cancelled or changed after the order has been made. In respect of non-personalised orders, you may be able to get a refund by exercising your rights under the Consumer Contracts Regulations 2013 (within 14 days) but this may be subject to deductions and you will have to pay the costs of return of any goods.
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. To end the contract with us, please let us know by email at [email protected] for a return label. If you are exercising your right to change your mind (and you are enabled to do so) you must send off the goods within 14 days of telling us you wish to end the contract.
7.2. When we will pay the costs of return. We will pay the costs of return:
7.2.1 if the products are faulty or misdescribed;
7.2.2 if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
7.2.3 if you are exercising your right to change your mind (where you have that right).
In all other circumstances you must pay the costs of return.
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 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.3.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are legitimately exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 7.1.
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 [email protected].
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. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please email us at [email protected] for return details.
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. Competitions and Prize Draws
13.1. If we offer competitions or prize draws (together here referred to as “competitions”), these competition rules will be deemed incorporated into each competition except to the extent that any specific instruction or term in a competition expressly overrides these terms. We shall be the promoter of all competitions subject to these terms unless stated otherwise.
13.2. We reserve the right to amend competition terms from time to time. We may, before the closing date for any competition, change or withdraw in our discretion any competition that has previously been publicised by us.
13.3. By entering any competition, entrants will be deemed to have read and understood the competition terms and accept and be bound by them. In entering the competition, you confirm that you are eligible to do so and eligible to claim the relevant prize. We may require you to provide proof that you are eligible to enter a competition.
13.4. All of our decisions will be final and binding and no correspondence will be entered into. Competition entries cannot be returned.
13.5. Entries must be received by the closing date specified for the particular competition. We will not accept responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause (including, for example, as a result of any network, equipment, hardware or software failure of any kind). Proof of transmission or posting is not accepted as proof of receipt of entry to the competition.
13.6. There can only be one entry per person for any competition.
13.7. Competitions are open to all those 18 years or over, except:
13.7.1 our employees;
13.7.2 employees of our agents or suppliers or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
13.7.3 members of the immediate families or households of (a) and (b) above.
Any entrant to a competition who lives outside of the UK must be responsible for ensuring that they comply with all local rules and regulations in respect of any entry by them to a competition.
13.8. We reserve the absolute right to disqualify without notice any entries to any competition where we consider improper technical means have been used to enter and/or we believe are fraudulent. Entrants are liable for their costs to access computer networks. Without limiting the foregoing, we will not accept competition entries that are:
13.8.1 automatically generated by computer;
13.8.2 completed by third parties or in bulk;
13.8.3 illegible, have been altered, reconstructed, forged or tampered with; and/or
13.8.4 incomplete.
13.9. We reserve all rights to disqualify you if your conduct is contrary to the spirit or intention of the competition.
13.10. There is no cash alternative for any prize and prizes are not negotiable or transferable.
13.11. We will contact winners personally as soon as practicable after the closing date, using the telephone number or email address provided with the competition entry. The winner of the competition will be announced on the competition website.
13.12. We will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, we reserve the right to nominate an alternative winner to receive the prize.
13.13. We do not accept any responsibility if you are not able to take up a prize.
13.14. Limitation of liability: Insofar as is permitted by law, we, our agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up a prize except where it is caused by our negligence or that of our agents or their employees. Your statutory rights are not affected.
13.15. All competition entries and any accompanying material submitted to us will become our property on receipt and will not be returned.
13.16. The personal information collected by us during competitions will be used for the purposes of administering the competition and contacting you (if you have won the prize) and by passing these details on to third parties as necessary to deliver the prize. We will only process your personal information as set out in our privacy policy.
By entering any competition, you agree that – if you are the winner - we may make your name and county/region available and may use your name and county/region for publicity purposes without your permission or payment to you.
13.17. If for any reason an advertised competition prize becomes unavailable, we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
14. Other important terms
14.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2. 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.
14.3. 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.
14.4. 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.
14.5. 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.
14.6. 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.
14.7. Data Protection. Any personal data provided to or used by us in relation to your use of our website, any purchase of a Subscription or product, or an entry to any competition will be used in accordance with applicable data protection and privacy legislation and our privacy policy. The privacy policy can be found at /privacy policy.
15. Discounts
15.1 We offer discounts on our products and free shipping; our discounts are not on all products and no discounts are applied on shipping.
15.1.2 Our discounts can be found on our site. Some products will be discounted and others will not be. We may change our discounts and/or free shipping at our decrition at anytime.
15.1.3 If we make changes to any of our discounts and/or free shipping we may not communicate these changes and the price calculated before payment is the amout thats due to Picsme.
15.2 50% Loyalty Discount can be found here: 50% Discount
15.2.1 If you spend £50 or more and have an account, we will automatically enter you into the 50% loyalty discount customer group.
15.2.2 On your second purchase you will receive a maximum of 50% discount on selected products (not including shipping)
15.2.3 This will be effective for 12 months from the date you spent £50 or more and will continue to roll. So if you make another £50 purchase in 3 months after your inital entrace to the 50% loyalty discount customer group you will automatically receive another 12 months.
15.4 Free shipping; if we offer free shipping it can be found here: Free Shipping
