Terms and Conditions
Terms and Conditions
When you order from MyStory Gifts you agree to be bound by our Terms and Conditions which are set out below. These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically.
Terms of Purchase for Products
A contract between the Customer and MyStory Gifts for the purchase of a Product is created as follows:
- The Customer places the order and makes payment for a Product. Upon receipt MyStory Gifts will send a confirmation email with details of next steps including how to send images.
- You share images with MyStory Gifts
- Once images are received and a confirmation email has been sent by MyStory Gifts the order is considered confirmed. You are agreeing to purchase the Product you have selected and are subject to the returns and refund policy.
- You will not be provided you with an electronic proof before printing unless expressly requested. There maybe a small charge.
- The product will be personally designed for you and printed. When the Product is completed and shipped to you we will send you a “despatch” email
Note that MyStory Gifts may reject an order in certain circumstances namely:
- Your order breaching the requirements of these terms;
- The use of images which infringe the materials and content rules;
- The use of Images which are corrupted unsupported technically or inadequately pixilated;
- The product you order being unavailable;
- Our inability to obtain authorisation for your payment; or
- A relevant pricing or Product description error being identified.
If your order is rejected we will contact you to confirm this remove your images from our systems and reverse the payment you have made for that order.
Offers may be published from time to time as part of a promotion. Offers may provide a free item or a discount on part of an order. A maximum of one offer can be specified per order. Unless otherwise specified postage and packing charges will still apply to orders subject to an offer. Further conditions may apply and if so will be published with the relevant offer code.
You accept we need to exercise a degree of licence to crop and edit images to fit and to achieve the very best results. You accept that a photograph when printed may lose some definition and that colour variation may occur in the finished item.
All product sizes are pretty accurate but due to the nature of making customised products there may be marginal size differences in the finished item to the sizes quoted on this web site. Occasionally we may substitute materials and adjust product design to accommodate production considerations in relation to supply or stock shortages.
You are advised to keep back ups of all material provided to us. In particular it is up to you to keep backup copies of images shared with us. We will not be responsible for keeping backups or for loss of deletion or corruption of any images or any other material.
You will be given a number of options to share images with us. Images are preferred to be digital images in JPEG format (.jpg) although we do accept and work with other file formats.
We will permanently delete your original images from our systems 28 days after despatch of your product.
Materials and Content Not Permitted
You are hereby advised that any image submitted by you is subject to our review. We reserve the right at our sole and absolute discretion to refuse to print images deemed to be objectionable by us or considered by us contrary to applicable laws.
Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment such images are in violation of applicable laws.
Without limiting the above in any way, you are not permitted to email or transmit any image or photograph to us the content of which:-
- is, or we believe is offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or, in any way unsuitable for persons under the age of 18 years;
- is illegal under any law or regulation at any place where images or photographs are posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct;
- is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person;
- in our opinion will reflect badly on the product.
Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright for images or photographs which you submit to MyStory Gifts.
We claim no ownership rights to any images or photographs submitted. Solely for the purpose of creating your product you grant to us and to any affiliate which fulfils print orders of your images or photographs, a perpetual worldwide non-exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate and distribute to our staff your images or photographs.
You acknowledge that we have no control over the use of your images or photographs and shall not be held liable for any use, publication or copying of your images and photographs. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying.
We respect the intellectual property rights of others. In the event that we receive a written complaint alleging copyright infringement by a customer, we will refer the complaint to the customer concerned. It is the customer’s responsibility to resolve any such complaint. You will indemnify us and hold us harmless and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of any claim that the processing, printing or other dealing with by us in accordance with these terms of any images emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.
Intellectual Property Rights
Any trademarks, trade names or logos displayed on this site are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.
You should assume that all of the content made available to you through this service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights.
Wherever a delivery time is stated, it serves as a guide timeline and we do not warrant that the products will be with you on a specific date. We will do our best to meet these timelines but cannot guarantee it. We recommend allowing 21 working days for your order to be created and shipped after your order has been confirmed. We will ship your order to your requested delivery address by mail. We cannot accept responsibility for Royal Mail or other third parties. Delayed delivery is not a basis for cancellation of the order or a request for compensation.
For products that are produced and shipped from a country other than the destination country delivery may take longer details of which will be available prior to printing. The customer may be required to pay additional charges that the Customs Department of the destination country charges. Any such additional charges are the responsibility of the customer.
Return and Refund
An order is considered “confirmed” when payment has cleared and images have been received by MyStory Gifts at which time an order confirmation will be sent by MyStory Gifts. Refunds and cancellation after an order has been confirmed are not provided except for cases of process or product malfunction. In the unlikely event of manufacturing fault, it will be repaired. In the unlikely event of a concern with the product on receipt it must be brought to our attention within fourteen days of receipt of goods, or in the case of non-delivery, in a reasonable time after the goods were expected to arrive.
If an order is cancelled before photos have been received by MyStory Gifts a refund can be made minus an administration fee of £10.
We may collect your personal information, including your name, address, billing and delivery information, email address, gift recipient information and payment details.
We will use this information to provide the service requested by you; process, fulfil and follow up on your orders or queries. We may use this information to provide you with information on the products or services you purchased. We may also send you promotional information and/or special offers about products and services offered on this service which we think may be of interest to you, unless you indicate that you do not wish to receive such promotional information.
Altering Terms and Conditions
We reserve the right to alter these Terms and Conditions at any time without notice to you. We will not be held responsible for any costs incurred by a customer as a consequence of these Terms and Conditions changing.
In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-
“we” or “us” means MyStory Gifts including, its employees, agents or sub-contractors.
“You” means the Customer.
“images” means created images, photographs taken or any file sent to MyStory Gifts to be used in the creation of the product.
Law and Jurisdiction
These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to the provision of any goods and services by us the English courts will have exclusive jurisdiction over such dispute.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
We will use our reasonable endeavors to reply promptly to all correspondence. Such reply may be by email or by post.