Terms of service

Terms and Conditions

Attention: Please read the terms and conditions (the “Terms”) below carefully before using cheekyneep.com (the "Website"). These Terms affect your rights and responsibilities under the law and set out the terms under which we make off the online service and its associated applications (the “Service”) for the purchase of Our Products (“Products”)

These terms and conditions do not affect your statutory rights. By using this Website you have agreed to accept and be bound by these Terms. If you do not agree with these Terms then do not use this Website.

 

Ownership of cheekyneep.com

Cheekyneep is a trading name of Photogifts (Scotland) Limited, a company registered in Scotland - Company number SC593624, VAT Reg: 293451096. This Website is therefore operated and owned by Photogifts (Scotland) Ltd (Photogifts), the content of which includes, but is not limited to text, graphics, layout, design and coding. All content of the Website is bound by copyright and illegal use of its content will be dealt with in accordance to copyright laws.

Breach of Terms and Conditions

You agree to pay all costs, losses, damages and expenses to Photogifts howsoever incurred by all / any of them as a result in your breach of these said Terms or your unauthorised use of content / images / photographs and related rights attached to these.

Cookies and Privacy

Please read our separate Privacy Policy for more information.

Uploading content to the Website 

As the Website offers a product personalisation service, you may have the ability to create designs for some of our Products and to facilitate this you are able to upload content to the Website.

By uploading any content and creating any designs, you hereby accept that you are the copyright and/or trademark holder of any images you upload or designs you create. If you are not the holder of such copyright and/or trademark then it is solely your responsibility to ensure that you have explicit written permission of the copyright and/or trademark holder to permit the reproduction of said material. Photogifts may request that you supply evidence of copyright and/or trademark usage prior to the production of your order and failure to provide such may lead to the order being cancelled and refunded.

By using this Website and creating any designs you hereby agree to accept full personal liability for any copyright and/or trademark infringement incurred as a result of you uploading any content or creating any design and you agree to fully indemnify Photogifts against any claims made by any 3rd party for such infringement.

Use of Content and Images on cheekyneep.com

All Website images are copyrighted to Photogifts and any photographers associated with the images. You may not use these images commercially or on any other web site commercial or otherwise unless you have entered into a written agreement with Photogifts.

You can use any image from this site for your personal, non-commercial, non-website based home use but in doing so you enter into a contract with Photogifts that you will only download or make a single copy of an image or photograph per computer, and that you retain all credits and copyright information / notices associated with that image attached. You may view and browse through the images on this site on your computer.

All content of the Website, including but not limited to, the design, layout, logo and images are copyright of Photogifts and any use or copying of such will be dealt with in accordance with the copyright laws, this is to include the re-transmitting of any content in part or in full whatsoever.

Delivery of Goods

These Terms will not form a binding contract between you and Photogifts for the supply of any Products or Services until the following conditions have been met:

1)    You have submitted your offer to buy certain Products or Services (your “Order”) using the online order facility provided

2)    We notify you by email that your Order for those Products has been accepted and that We agree to supply the Products to you in accordance with your specified method of delivery

Once a binding contract exists, We will supply goods that conform with your Order, however Photogifts reserves the right to cancel your order and refund any monies paid in full for any reason whatsoever, including but not limited to stock unavailability, suspected copyright infringement or offensive content.

 

 

Sale of Goods

All Products are checked by our staff to make sure that the Products are of the highest quality possible. Due to the differences in viewing images on your screen and printing techniques we cannot guarantee that the printed image will look identical to the image as viewed on the site. Local settings such as screen contrast, brightness and colour as well as age and manufacturer of equipment will all contribute to the on-screen display. What we do promise is that the greatest care is taken in printing and colour matching the Products we send out and they are printed to the highest standards possible and are fit for the purpose for which we sell them.

Products may vary slightly from any photographs shown on the website as they are available from several manufacturers/distributors. Different batches of products may lead to small variations in colour representation also. If you are purchasing with a specific feature or material in mind please contact us in advance and we can advise accordingly. 

We will do our utmost to complete and despatch your Order in a reasonable length of time but the service is provided on an “as is” and “as available” basis, We make no representation or warranty that the Service offered will be accessible, or usable by you, or error free. 

We reserve the right without notice, to suspend or alter the operation of the Service, at our sole discretion or for legal or technical reasons. We will give you as much notice as possible prior to taking any such actions but prior notice may not always be feasible. All promotional offers (the “Promotion”) provided as part of the Service from time to time are limited to one Promotion per customer unless otherwise stated. If you register multiple accounts or register more than one account per household, We reserve the right to withdraw the Promotion and cancel any related Orders.

Due to the personalised nature of an Order, you may not be able to cancel an Order after you have submitted it if We have already started to manufacture it. If you wish to cancel an order you should contact us immediately.

  

Returns

Refunds will be given at the discretion of the Photogifts Management. Please use the link on the 'Contact Us' page to advise us of any queries regarding a transaction, clearly quoting your order reference. Any refund is subject to conditions. These conditions are that

• The Product is returned to us at the address as listed on the Website
• The Product is returned in its original, unused condition and in its original packaging

 

No refunds can be given for products that are no longer fit for re-sale.

Unless an item is faulty, the cost and liability of returning any item is your responsibility. We do not accept any responsibility for Products going missing in return post and without the return of these products We cannot make a refund. It is therefore recommended that you choose a suitably tracked and insured service.

Should a product be faulty, it will be replaced free of charge or a refund given, whichever you wish. Refunds are normally processed within 24 hours but may take longer to appear in your account as this is dependant on your card issuer.

Disclaimers and Omissions

This Website is viewed at your own risk and any damage or loss incurred by using it is wholly your responsibility and not that of Photogifts, and any costs incurred due to those losses are your responsibility, and not that of Photogifts.

Except as specifically stated in these Terms, or elsewhere on this website, or as otherwise required by applicable law, neither Photogifts nor its founder, directors, employees or content providers will be liable for damages of any kind arising out of your use of, your inability to use, or the performance of this website or the content of this website whether or not we have been previously advised beforehand or not.

There may be links to other websites from the cheekyneep.com web site, however, these web sites are not controlled by Photogifts and we are not responsible for any content contained on any linked website or any loss suffered by you in relation to your use of these web sites. You waive any and all claims against Photogifts regarding these links to outside web sites or your use of those web sites.

Although we at Photogifts try to ensure the information contained in our website is correct and true we cannot be held responsible for any errors or omissions within the website.

We at Photogifts reserve the right to change any areas of the web site without prior notice to any of its users and subscribers and can change the products and pricing structures for products, postage and services at any time we see fit to do so.

These Terms shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts.