Terms and Conditions
This page gives information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our Website to you (the “User”) via the “Services” - which means the e-commerce and web-to-print-on-demand facility accessible to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
By ticking the “I accept these Terms and Conditions” box after logging in, you accept and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, please exit this website and cease using the Services immediately.
1.1 Wisque Ltd, a company registered in England and Wales under company number 09257232, with a registered office at 1 the Old Stables, Eridge Park, Tunbridge Wells, Kent TN3 9JT and main trading address at 2 Sovereign Way, Tonbridge, Kent. TN9 1RH (the “Provider”, also referred to as ‘we’, ‘us’ and ‘our’) operates the website and Services at https://shop.charliemackesy.com.
1.2 When you enter into a contract as a result of applying to use the website and Services at https://shop.charliemackesy.com you will be entering a contract with Wisque Ltd.
1.3 These Terms, and any Contract between us, are only in the English language.
1.4 The Services are hosted in the United Kingdom and the European Union. The Services are controlled, operated and administered by the Provider from its offices within the United Kingdom. The Provider makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. You may not use the Services in violation of UK export laws and regulations. If you access the Services from locations outside of the UK, you are responsible for compliance with all local laws. These Terms and Conditions for Access to the Services shall be governed by the laws of the United Kingdom, without giving effect to its conflict of laws provisions.
1.5 The Provider reserves the right to use third parties to provide any or all of the Services, including to host applications servers, to store and backup data, to send electronic and print communications, to perform any administrative design development and maintenance work in relation to the Services, and to administer the web-to-print-on-demand functionality.
2. If you are a consumer
This clause 2 applies only if you are a consumer.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
3. If you are a business customer
This clause 3 applies only if you are a business customer.
3.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4. How the contract is formed between you and us
4.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail or by posting the information in the ‘My Orders’ section of your account (thereby confirming that the Products have been dispatched - Dispatch Confirmation). The Contract between us will be formed only when we send you the Dispatch Confirmation.
4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 17, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
5. Our right to vary these terms
5.1 We may modify these Terms and Conditions from time to time. Any modifications shall become effective upon the posting of the revised Terms and Conditions on the Website, or by providing notice to you. You agree to be bound by any changes to these Terms and Conditions when you use the Services after any such modification has occurred. If you do not agree to be bound by them, you should not use the Services.
5.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6. The Products
6.1 The images of the Products on the site 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 reflects the colour of the Products. Your purchased Products may vary slightly from those images.
6.2 The packaging of the Products may vary from that shown on images on our site.
6.3 All Products shown on the site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
7. Use of the Services
7.1 These Terms and Conditions include the Provider's policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services.
7.2 When you complete the registration form to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Provider immediately by emailing email@example.com if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
7.3 By using the Services, you represent and warrant that:
7.3.1 all registration information you submit is truthful and accurate;
7.3.2 you will maintain the accuracy of such information (including your email address);
7.3.3 where registration as a User is required in order to use a Service you are 18 years of age or older; and
7.3.4 your use of the Services does not violate any applicable law or regulation.
8. How we use your personal information
9. Information you provide
9.1 The following applies to any information you provide to us, for example, during any registration process.
9.1.1 You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the Services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties.
9.2 By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should contact us.
10. Availability of the Services
10.1 The Provider will endeavour to make the Services available but cannot guarantee that the Services will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
10.2 The Provider reserves the right to suspend the Services temporarily if the need arises, in order to carry out maintenance to the Services. Wherever possible, such suspensions shall take place outside of working hours and the User shall be notified in advance.
10.3 In order to use the Services, one of the following browsers is required: Firefox 65+, Safari 10.1+, Google Chrome 43+, Opera 30+, Edge 14+. The Services may work in a limited manner on other web browsers (including earlier versions of the previously mentioned browsers), but the Services were not designed for use on web browsers other than those recommended above.
11. Your consumer right of return and refund
This clause 11 only applies if you are a consumer.
11.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulations 2000) during the period set out below in clause 11.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
11.2 However, this cancellation right does not apply in the case of:
11.2.1 any custom-made products, products made to your specification or clearly personalised;
11.2.2 newspapers, periodicals or magazines;
11.2.3 software, electronic or digital downloads;
11.2.4 DVDs or CDs which have a security seal which you have opened or unsealed.
11.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
11.4 To cancel a Contract, please contact us via the ‘Support’ functions on the website, or in writing to tell us by sending an e-mail to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.
11.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 22.2.1. If you returned the Products to us because they were faulty or mis-described, please see clause 11.6.
11.6 If you have returned the Products to us under this clause 11 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
11.7 We refund you on the credit card or debit card used by you to pay.
11.8 If the Products were delivered to you:
11.8.1 you must return the Products to us as soon as reasonably practicable;
11.8.2 unless the Products are faulty or not as described (in this case, see clause 11.6), you will be responsible for the cost of returning the Products to us;
11.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
11.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 11 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12. Intellectual property
12.1 All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) relating to the Services and all content (including all applications) located on the website shall remain vested in the Provider and/or third parties including, without limitation, any licensors from whom the Provider has licensed such rights (as the case may be).
12.2 You may not sub-licence, copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the content in any way except as otherwise expressly permitted by law. You also agree not to adapt, alter or create a derivative work from any of the Services except as otherwise expressly permitted by law. Any other use of the Services requires the prior written permission of the Provider.
12.3 The names, images and logos identifying the Provider or third parties and their products and services are subject to copyright, design rights and trademarks of the Provider and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of the Provider or any other third party.
12.4 You may not use the Services in a manner which infringes the Intellectual Property, proprietary or personal rights of any third party.
12.5 You represent and warrant to us that you will not add or upload any material to the Services for the purposes of creating a template on the Services, or for personalising text or images on any material offered on the Services, or for any other purpose, unless you are the owner of all proprietary rights in that material (or have been given a valid licence from the owner of the proprietary rights in such material) and you have obtained releases for all related copyright, privacy and publicity rights.
13. Content loaded, posted, transmitted or transferred
13.1 You are solely responsible for the content that you upload or post on any of the Services, and for your interactions with other Users. The Provider does not endorse and has no control over content uploaded or posted by Users. Content is not necessarily reviewed by the Provider and does not necessarily reflect the opinions or policies of the Provider. The Provider makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit or which is transmitted on your behalf using the Services.
13.2 The Provider also accepts no responsibility or liability for the storage or backup of any User data or for any loss or damage incurred as a result of any data lost.
13.3 Except to the extent which cannot be excluded or limited by law or regulation in respect of the content of the Services, the Provider assumes no responsibility for monitoring its Services for inappropriate content or conduct. If at any time the Provider chooses, in its sole discretion, to monitor the Services, except as required by law or regulation, the Provider nonetheless assumes no responsibility for the content (other than the Provider content), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
13.4 The Provider may delete, or in pre-moderated areas of its Services refrain from posting, any content that in the opinion of Provider violates these Terms and Conditions or which may be offensive, illegal or violate the rights of any person or which may harm or threaten the safety of any person.
14. Content prohibited
14.1 The following is a partial list of the kind of content that is illegal or prohibited to include in the personalisation features of the Services. The Provider reserves the right to investigate and take action against any User who, in the opinion of the Provider, violates this provision, including without limitation, removing the offending communication from the Services, preventing access to the Services and/or terminating the account of such violators and/or reporting to law enforcement authorities or regulatory bodies. Prohibited content includes, but is not limited to, content that in the opinion of the Provider:
14.1.1 infringes anyone's copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product;
14.1.2 provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual;
14.1.3 is offensive;
14.1.4 promotes racism, terrorism, hatred or physical harm of any kind against any group or individual or links to websites that promote the same;
14.1.5 harasses or advocates harassment of another person;
14.1.6 exploits people in a sexual or violent manner;
14.1.7 contains pornography, violence, or offensive subject matter or contains a link to an adult website;
14.1.8 solicits personal information from anyone under 18;
14.1.9 promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
14.1.10 promotes an illegal or unauthorised copy of another person's copyrighted work;
14.1.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
14.1.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
14.1.13 involves contests, contests for money, contests for money's worth, gambling, sweepstakes, barter, or pyramid schemes;
14.1.14 promotes, sells or offers products which are designed to restrain or harm people, including but not restricted to weapons;
14.1.15 promotes, sells or offers drugs or narcotics; or
14.1.16 misrepresents identity or impersonates any person.
15.1 Your order will be ready for dispatch within 7 working days unless there is an Event Outside Our Control. If we are unable to meet the estimated fulfilment date because of an Event Outside Our Control, we will contact you.
15.2 Alternative options for different fulfilment times if available will be indicated on the site.
16.1 Your order will be dispatched using tracked delivery where available.
16.2 Delivery will be completed when the Products are delivered to the address you gave us.
16.3 The Products will be your responsibility from the completion of delivery.
16.4 You own the Products once we have received payment in full, including all applicable delivery charges.
16.5 Alternative options for different delivery methods if available will be indicated on the site.
17. Price of products and delivery charges
17.1 The prices of the Products will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 17.6 for what happens in this event.
17.2 Prices for the Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
17.3 The price of a Product shown includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
17.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. The delivery charge incurs an additional VAT charge.
17.5 Both Delivery and VAT charges will be shown on the Confirmation & Payment page, before you continue to payment.
17.6 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
17.6.1 where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
17.6.2 if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
18. How to pay
18.1 You can pay for Products only by using a debit card or credit card.
18.2 Payment for the Products and all applicable delivery charges is in advance.
19. Limitation of liability
19.1 The Provider will endeavour to provide the Services with reasonable skill and care.
19.2 Except as set out in sub-clause 19.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Services, our website, Products posted through the Services, or any information or service provided through our website. The Services and all content and information contained in the Services are provided on an 'as is', 'as available' and 'with all faults' basis and you assume total responsibility and risk for your use of the Services, content and information contained in the Services.
19.3 We supply the Products only for domestic and private use, or for internal use by your business. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.4 The Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication or any content. The Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or transaction due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.
19.5 Under no circumstances shall the Provider be responsible for any loss or damage resulting from use of the Services, attendance at an event organised through the Services, from any content posted through the Services, for any Product posted on the Services, or from the conduct of any Users of the Services, whether online or offline.
19.6 The Provider expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Provider cannot guarantee and does not promise any specific results from use of the Services.
19.7 Nothing in these Terms limits or excludes our liability for:
19.7.1 defective products under the Consumer Protection Act 1987.
19.7.2 death or personal injury caused by our negligence;
19.7.3 fraud or fraudulent misrepresentation;
19.7.4 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
19.7.5 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act (description, satisfactory quality, fitness for purpose and samples).
19.8 Subject to clause 19.7, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
19.8.1 any loss of profits, sales, business, or revenue;
19.8.2 loss or corruption of data, information or software;
19.8.3 loss of business opportunity;
19.8.4 loss of anticipated savings;
19.8.5 loss of goodwill; or
19.8.6 any indirect or consequential loss.
19.9 Subject to clause 19.7 and clause 19.8, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
19.10 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
20. Our liability if you are a consumer
This clause 20 applies only if you are a consumer.
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 these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
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 a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 21.2.
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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
21.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
21.3.1 we will contact you as soon as reasonably possible to notify you; and
21.3.2 our obligations under a Contract 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
22. Communications between us
22.1 When we refer, in these Terms, to "in writing", this will include e-mail.
22.2 If you are a consumer:
22.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 11, you must contact us in writing by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
22.2.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail at firstname.lastname@example.org.
22.3 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
22.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23. Other important terms
23.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
23.2 You may transfer your rights or your obligations under these Terms to another person only if we agree in writing.
23.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
23.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.5 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.
You undertake to indemnify and hold the Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners, employees, and licensors harmless from any loss, liability, demand, claim, damages or legal proceedings brought or threatened, including expenses (whether direct, indirect or consequential) suffered or incurred arising out of your use of the Services in violation of these Terms and Conditions, and/or arising from your use of the Services and/or a breach of these Terms and Conditions, or breach of legislation, regulation or directive.
25. Governing law and jurisdiction
25.1 If you are a consumer, please note that these Terms are governed by English law. This means that a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
25.2 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.