Thanks for visiting pictureagift.com We will do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your cards or gifts.

These are the terms and conditions (Terms) on which we supply products to you, whether these are goods or digital content available on www.pictureagift.com (Website) in the United Kingdom. These Terms are legally binding.

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 have any questions or require clarification on these Terms, please contact us at hello@pictureagift.com

If you do not agree to these Terms, you must not order any products from this Website or the App.

DEFINED WORDS: In these Terms a bold, capitalised word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms and Conditions to “we”, “us” or “our” is a reference to PictureAGift.Com Limited. Any reference to “you” or “your” is a reference to any consumer and these references may be used interchangeably.

1 INFORMATION ABOUT US AND HOW TO CONTACT US

1.1 Who we are

Picture A Gift is a company registered in England and Wales under registration number 15027876. Our registered office is 33 Calshot Street, England, N19AS

1.2 How to contact us

You can contact our customer service team (Customer Service Team) via email

Email: hello@pictureagift.com

Post

33 Calshot Street, London, N1 9AS

1.3 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.

1.4 "Writing" includes emails

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

1.5 Your status

You must be at least 18 years old to place an order on our Website

2 ORDERING FROM PICTURE A GIFT

2.1 How to place an order

In order to place an order with us, we require you to create an online account with us (Picture A Gift Account). When you create an Account, you will need to supply us with your real name and a valid email address.

When you confirm your order, we will take payment for your order by means of your nominated payment method.

We will then send to you an order confirmation email detailing your order and any other information we must provide to you.

2.2 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 legally binding contract (Contract) will come into existence between you and us.

2.3 If we cannot accept your order

There may be circumstances in which we are unable to accept your order, because of something we discover after we send you an order confirmation email. If this is the case, we will inform you of this via email and will refund you for the product. We may be unable to accept your order because: (a)  we have identified an error in the price or description of the product;

(b) it appears that the order mistakenly duplicates another order;

(c) the use of images for a Personalised Product are corrupted, unsupported technically or inadequately pixelated;

(d) your Personalised Product contravenes, or appears to contravene, our Content Rules (section ‎3.4);

(e) with products containing alcohol, we know or suspect that you are not 18 years of age. Due to the Licensing Act 2003, we are not permitted to sell alcoholic products to anyone under 18. We may refuse an order or a delivery of alcoholic items at our discretion. By placing an order for alcohol, you confirm that you and the recipient of the order, if different, are both aged 18 years or over;

(f) there are unexpected limits on our resources which we could not reasonably plan for

(g) a credit reference we have obtained for you does not meet our minimum requirements or we cannot obtain authorisation for your payment;

(h) we suspect that the order has been placed fraudulently;

(i) we are unable to meet a delivery deadline you have specified;

(j) the product is out of stock;  

(k) a promotional offer or discount code has been used outside of a valid promotion period or has expired; or

(l) your order otherwise breaches any of the requirements of these Terms.

2.4 Your order number

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

2.5 Ordering multiple products

When ordering multiple products as part of the same order, we will inform you, within a reasonable time period, as to whether we will (or can) dispatch on the same day or as part of the same delivery. Please note that we cannot guarantee that multiple products within the same order will be delivered in the same package or at the same time.

2.6 Picture A Gift Business Services

When you place an order with us using Picture A Gift you purport to send products to recipients on behalf of a company or other organisation, you warrant to us that:

(a) you are a current employee of that company or organisation;

(b) you have your employer’s authority to use the Picture A Gift service and to send the products to the recipients;

(c) you have an appropriate lawful basis to provide us with the recipients’ personal details so that we can send them the Personalised Products; and

(d) any Personalised Products (as defined below) comply with the Content Rules.

3 OUR PRODUCTS

3.1 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 your device's display of the colours accurately reflects the colour of the products.  Your product may vary slightly from those images. 

3.2 Product packaging may vary

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

3.3 Personalised Products 

If the product includes personalised content selected by you, it is a personalised product (Personalised Product). If it is a standard product which does not include any content selected by you, it is a non-personalised product (Non-Personalised Product).

It is up to you to ensure the content you have contributed for inclusion in a Personalised Product is correct (for example the content is correctly spelt).

Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is your responsibility to ensure that your recipient’s name and address is correct.

If you are uploading a photograph, video or audio file you must ensure that you have obtained all relevant permissions to use the photograph, video or audio file from any persons in the photograph, video or audio file and the photograph, video or audio file is otherwise appropriate to upload. 

If you are uploading a photograph, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image, we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it however we cannot accept responsibility if your Personalised Product does not meet your expectations. 

By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (Customer IP) in a Personalised Product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to Picture A Gift or the requirements of the product you have ordered (such as by cropping images).

The rights and ownership to the Customer IP will remain yours, or the person who gave you permission to use the Customer IP. 

If you use third party copyright in any Personalised Product, it is your responsibility to ensure that you seek permission from the copyright owner. We will not accept any liability whatsoever if any Customer IP infringes third party copyright. You agree to indemnify, defend and hold us harmless against any third party claim of infringement for  use of such third party’s intellectual property on the Personalised Product.  You will be held responsible for any fees and third party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full. 

3.4 Content Rules 

(a) These Content Rules apply to any and all content or material which you use or include on any Personalised Products, including products ordered via Picture A Gift  These Content Rules must be complied with in spirit as well as to the letter. The rules apply to each part of any content or material which you use or include on any Personalised Products as well as to its whole.

(b) You should not use or include any content or material on any Personalised Products which: 

1. infringes anyone's IP (see below the definition in section ‎11). In particular, you must ensure that you either own the IP in the Customer IP that you wish to include in a Personalised Product or that you have permission from the IP owner to include that Customer IP in the Personalised Product;
2. contravenes any applicable law (including, without limitation, any criminal law) or regulation;
3. is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience, or needless anxiety to any person;
4. misrepresents identity or impersonates any person; 
5. includes personal data about another person, such as their address, phone number, or email address, except with the written approval of that person; 
6. is pornographic, obscene, indecent or offensive, has sexual connotations or promotes sexually explicit material;
7. promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, is inflammatory or that may incite hatred or violence against any person or group; 
8. may harass, upset, embarrass or alarm any person;  
9. may be used to bully, insult, intimidate or humiliate any person;
10. encourages, promotes or provides instructions for deliberate self-harm;
11. encourages, promotes or provides instructions for suicide;
12. encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder;
13. gives the impression that it originates from or has been approved by us, our partners and licensors, whether by reference to our/their name or otherwise; 
14. may violate the integrity and reputation of our name, and the names of our partners and licensors;  
15. advocates, promotes or assists any unlawful act; 
16. includes or makes reference to illegal drugs; or  
17. makes reference to politicians' names and/or political statements.

(c) Failure to comply with the Content Rules constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of your right to use our Website
2. issue of a warning to you;
3. legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; 
4. further legal action against you; and
5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of the Content Rules. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

4 PRICE AND PAYMENT

4.1 Where to find the price for the product

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see section ‎4.5 for what happens if we discover an error in the price of the product you order.

4.2 Payment 

You can pay for your products using credit card, debit card, PayPal, any account credit, or any other payment method which we make available to you at the time of your order. Please note that we do not accept payments via American Express. VAT

Should you require a full VAT invoice you can request this via our contact form here. Please allow up to 28 working days for the full VAT invoice to be sent.

4.3 Offers, discounts, vouchers and competitions

If you have been sent a discount code or voucher by us, you must apply it at the checkout to benefit from a discount or price reduction.

Please note that promotional offers, discount codes and vouchers can only be applied to our specified products. They cannot be used for discounts on postage or delivery charges unless otherwise specified.

Promotional offers and discount codes must be used within the valid offer time, but we reserve the right to dispatch products outside of this period. 

Picture A Gift reserves the right to cancel, change or extend offers at any given time, without notice. Promotions cannot be backdated or applied retrospectively to orders already placed.

There are no cash alternatives for offers or discount codes.

For further information on Picture A Gift Reminders, please see section ‎13.

4.4 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.

4.5 What to do if you think your order confirmation receipt or invoice is wrong

If you think your order confirmation receipt or invoice is wrong, please contact the Customer Service Team promptly to let us know.

5 DISPATCH, DELIVERY AND PROVIDING THE PRODUCTS

5.1 General information

The dispatch date is the date that we send the item, not the date that it is delivered.

During the order process, we will generally notify you of the dispatch dates available and the expected timeframe for receiving your order. However, Picture A Gift does not guarantee delivery dates or times, unless a Special Delivery is requested (in which case we will guarantee the delivery date and time). We will make you aware of delivery charges (if any) before you place your order.

For orders that are accepted, unless we inform you otherwise in the order process, we will dispatch the product you have ordered within 5 days of the order.

It is your responsibility to ensure that the postal information you input for delivery is correct.

Errors in the address may cause unnecessary delay and/or result in unsuccessful delivery of your items. You can check that you have the correct UK postcode by using the Royal Mail's handy postcode finder available at www.royalmail.com/find-a-postcode. Please note we are not responsible for the accuracy of the Royal Mail's postcode finder.

5.2 Same day dispatch

For same day dispatch orders, orders will need to be placed by the cut off times for Special Delivery so that the order can be dispatched on time. These vary for different countries. If orders are placed outside these cut off times, we will not be able to offer same day dispatch and the orders will be processed the following day.

Please note that if an order includes the purchase of multiple products and you would like to select tracked or special delivery, you will need to purchase these separately. Special delivery and tracked delivery is available on individual items and multibuy products are exempt from any special delivery options unless otherwise stated on screen when ordering.

5.3 Estimated delivery times

Products are delivered by Royal Mail (or another third party carrier from time to time). Estimated delivery times for all UK orders are set out here. These Terms are in relation to deliveries made in the UK only and for delivery times for the Netherlands, US and Australia, please see those applicable separate Terms and Conditions.

5.4 We are not responsible for delays outside our control

If our supply of the products is delayed by an event outside our control (such as acts of God, natural disasters, epidemics or pandemics, terrorist attacks, war or threat of war, riots, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any laws imposing an export or import restriction, quota or prohibition, or failing to grant necessary licence or consent, collapse of buildings, fire, explosion or accident, industrial action, interruption or failure of utility service) 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. However, if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received. Your statutory rights as a consumer are not affected.

5.5 If the recipient is not at home when the product is delivered

We operate a "Leave Safe" policy. This means that the carrier will attempt delivery at the recipient's address first. If there is no response, they will attempt to leave the product with a neighbour or in a nominated safe place. If the carrier cannot deliver the product in any of these ways, and the product cannot be posted through the recipient's letterbox, the carrier will leave the recipient instructions informing them how to re-arrange delivery or collect the products from a local depot. Please note that flowers delivered by DPD may be left on the recipient's doorstep regardless.

5.6 Re-arranging delivery/collection

If no one is available at the recipient's address, it will be your responsibility to re-arrange delivery or make arrangements for collection with the carrier. Instructions on how to do so shall be left at the time of attempted delivery.

5.7 When you become responsible for the goods

A product which is goods shall be your responsibility from the time we deliver or attempt delivery of the product to the address you gave us.

5.8 When you own goods

You own a product which is goods once we have received payment in full.

5.9 What will happen if you do not give required information to us

We may need certain information from you so that we can supply the products, for example, the delivery address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Section ‎10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

5.10 Reasons we may suspend the supply of products to you

We may have to suspend the supply of a product to deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; or make changes to the product as requested by you or notified by us to you.

5.11 Your rights if we suspend the supply of products

We will contact you as far in advance as practicably possible to tell you we will be suspending supply of the product. If we have to suspend the product for longer than 48 hours, we may contact you to cancel your order and refund any sums you have paid. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

5.12 Delivery outside the UK

In the event that we accept an order for delivery of a card outside of the United Kingdom, the Isle of Man, the Channel Islands or (for so long as the UK remains within the EU Customs Union) any jurisdiction in the European Economic Area, the recipient will be responsible for all customs formalities, including completion of customs declarations, payment of import taxes levies, duties and satisfying any other regulatory requirements that may be in force in the relevant country of importation. It is your responsibility to ensure that the recipient consents to this.

Please note that Picture A Gift is obliged to follow the laws of the countries in which it operates.

6 YOUR RIGHT TO MAKE CHANGES

As a courtesy, we may allow you to make changes to your order on your Picture A Gift Account. If you cannot make changes on your Picture A Gift Account, then you will need to contact our Customer Service Team by. Please have your order number or the email address you registered with us available so we can answer your query as quickly as possible.

We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7 OUR RIGHT TO MAKE CHANGES

7.1 Minor changes

We may have to make minor changes to a product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. Minor changes will not affect your use of the product.

7.2 Significant changes

There may be circumstances where we have to make significant changes to our products. If we do need to make such changes, we will notify you of this. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

8 YOUR LEGAL RIGHTS TO END THE CONTRACT

8.1 Your rights

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, including:

(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see section ‎9.1;

(b) if you want to end the contract because of something we have done or have told you we are going to do, see section ‎‎8.2;

(c) if you have just changed your mind about the product, see section ‎‎8.3.  You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see section ‎‎8.5.

8.2 Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided. You may also be entitled to compensation. The reasons are:

(a) We have told you about an upcoming change to the product or these Terms which you do not agree to (see section ‎7.2);

(b) 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;

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

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or

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

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products bought online you have a legal right to change your mind within 14 days and receive a refund.

How long you have depends on what you have ordered and how it is delivered:

(a) Have you bought digital content for download (for example, an eCard)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until the email containing the eCard has been opened. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

(b) Have you bought goods (for example, a Non-Personalised Product)? if so you have 14 days after the day you (or the recipient) 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 the recipient) receives the last delivery to change your mind about the goods;

8.4 When you don't have the right to change your mind

You do not have a right to change your mind in respect of

(a) Personalised Products;

(b) digital products such as eCards after the recipient has opened the email containing the eCard;

(c) products which are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(d) perishable goods, such as food, drink and flowers, which deteriorate rapidly; and

(e) services, once these have been completed, even if the cancellation period is still running.

8.5 Ending the contract where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see clause 8.1) you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for.  If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

8.6 Summary of your legal rights We are under a legal duty to supply products that are in conformity with these Terms. 

For a summary of your legal rights, please see the table below. This is subject to exceptions and is subject to change from time to time. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03444 111 444.

Cards, Personalised Products, Non-Personalised Products and Flowers

The Consumer Rights Act 2015 says 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:

1. a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
2. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
3. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

Please also see section ‎8.3.

9 ENDING YOUR CONTRACT WITH US

9.1 Reporting a problem

If you have questions or are unhappy with your order, please contact our Customer Service Team via email hello@pictureagift.com. You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 14 days and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and to correct any future problems. Should it be necessary, we will then advise you how to return your item.

If you receive a product from us in error, you must inform our Customer Service Team immediately. Our Customer Service Team will then provide you with instructions on how to return or securely destroy the product.

9.2 Your legal obligation to return rejected products

If you wish to exercise your legal rights to reject products you must return them back to us. If you have ordered a gift, please return the product to the return address stated on the package. If you have ordered a card or flowers, please contact the Customer Service Team for more information.

9.3 Procedure for returns and refunds 

We will refund you the price you paid for the products including delivery costs, by the method you used for payment 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. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

Personalised Products

Where an item is faulty, please contact our Customer Service Team via email hello@pictureagift.com. We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. You can speak to our Customer Service Team for a Freepost returns address if you do not have one. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.

If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with or to your PayPal account. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.

Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section ‎3.3 on Personalised Products for more information.

Non-Personalised Products

Where an item is faulty, please contact our Customer Service Team via email hello@pictureagift.com. We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. You can speak to our Customer Service Team for a Freepost returns address if you do not have one. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.

If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with or to your PayPal account. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.

Please note that if the value of the product has been reduced by any handling of it beyond what is necessary to check whether the product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Note that the value of a product may be reduced to nothing if its seal (or similar) is broken.

9.4 When we will pay the costs of return

We will pay the costs of return if:

(a) the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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;

(c) if we, or on behalf of our suppliers, have requested a return of the product due to a product recall.

9.5 Deductions from refunds if you are exercising your right to change your mind

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.

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.

10 OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it

We may end the contract for a product at any time by writing to you if:

(a) you do not, within a reasonable time, allow us to deliver the products to you or the recipient or collect them from us/your local depot.

10.2 You must compensate us if you break the contract

If we end the contract in the situations set out in Section ‎10.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11 Picture A Gift INTELLECTUAL PROPERTY

For the purposes of these Terms, the following words will have the meanings as set out below:

1. IP means intellectual property rights of any nature, including (for example) patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, whether registered or unregistered, and including all applications for such rights, and rights to apply for and be granted such rights, and renewals or extensions of such rights, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist, or will subsist, now or in the future, in any part of the world.
2. Content means all text, software, applications, graphics, audio, visual and/or audio-visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.

Unless otherwise stated, all Content on and IP in relation to our Website and/or App is wholly owned by Picture A Gift or its licensors. 

" Picture A Gift " is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.

You may use and access our Website and/or App to the extent and purpose required for ordering any products and/or services made available by Picture A Gift in accordance with these Terms.

You are not allowed to:

1. remove any notices relating to IP contained in any Content, material and/or products taken from our Website, App or otherwise;
2. whether for a commercial purpose or otherwise, copy, distribute, show in public and/or create any derivative work from, any material, Content or IP owned by Picture A Gift without the prior express written permission and licensing by us to do so;
3. use Picture A Gift, including but not limited to, its Website, Content, IP, products and/or services for any commercial purpose other than in accordance with these Terms; and
4. use any robot, spider, scraper or other automated means to access the Website or App for any purpose without our prior express written permission.

Any rights not granted in these Terms are reserved for our own benefit.

12  OUR WEBSITE

We will always try to ensure that our Website and is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

Please note that we run A/B price tests on our Website. This is a randomised process by Picture A Gift servers when a customer visits our Website. This means that if you are randomly selected, you may have a slightly different browsing experience to other users.

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of these websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites, you do so at your own risk.

16 HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy and Cookie Policy, which are subject to change from time to time:

Privacy Policy 

Cookie Policy 

17  WE ARE RESPONSIBLE FOR LOSS OR DAMAGE SUFFERED BY YOU

17.1  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. 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.

17.2 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; and for faulty products under the Consumer Protection Act 1987.

17.3 We are responsible for damage to your device which results from faulty digital products

If faulty digital content e.g. a faulty eCard which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided  by following our advice and/or instructions.

17.4 We are not responsible for damage or loss arising from your actions

We are not responsible for any damage or loss incurred by you (or your employer if you use Picture A Gift when such loss or damage is caused by negligence, wilful misconduct, concealment of information by you (deliberate or otherwise), breach of these Terms (including the Content Rules) and/or our User Content Terms and Conditions.

17.5 We are not responsible for losses to your business

We only supply 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. Where you use Picture A Gift you may only do so for non-commercial purposes. 17.6 You are responsible to us for damage or loss we incur as a result of your use.

18 GENERAL

18.1 Your Picture A Gift  Account

Please note that we do not perform verification checks when you create a Picture A Gift Account, and it is therefore important that you provide your real name and a valid email address when signing up. This is to ensure compliance with these Terms and so that our Customer Service Team can perform identity verification if you ever contact us about your order. A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a fake name or email address.  

18.2 Suspension

If you are found to be in breach of these Terms, we reserve the right to suspend your Picture A Gift Account, you order and all access to Picture A Gift Website.

In addition, we are entitled to suspend provision of all or part of our services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

18.3 Change of Terms

These Terms may change from time to time and when they do, we will post the new version of the Terms on the Website and the App and flag it appropriately.

18.4 We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation.

18.5 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)

You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our guarantee to the recipient who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the recipient to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.

18.6 Nobody else has any rights under this contract (except someone you pass your guarantee on to)

This contract is between you and us. No other person shall have any rights to enforce any of its Terms, except in respect of the guarantee as explained in clause 18.5.

18.7 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.

18.8  Even if we delay in enforcing this contract, we can still enforce it later 

Just because we do not insist immediately that you do anything you are required to do under these Terms, it does not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.

18.9  Which laws apply

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.