Terms & Conditions
SERVICE TERMS AND USER AGREEMENT
We are here for you, trying to help to the fullest of our capability, working with you. Rest assured knowing we are doing our best, and if something goes wrong, we will do what we can to fix it. We love our customers to be happy so let's talk so we can keep everything running smoothly.
This website is operated by Smart Store
LTD ("we" or "us" or
MyDesignGift). The following terms and conditions (the "Agreement")
govern all use of this website (the "Site") and the services
available on or at the Site (taken together with the Site, the
"Service"). The Service is offered subject to your (the
"User") acceptance without modification of all of the terms and
conditions contained here and all other operating rules, policies and
procedures that may be published from time to time on the Site by MyDesignGift
– including, without limitation, , , and
others. Do not use this Site if you do not agree with this Agreement. You must
take the time to read and understand these Terms before using Smart Store LTD
services. By registering with Smart Store LTD, you accept that you are entering
into a contract with us under these Terms. People who register for Smart Store
LTD establish an "Account" and
become "Users". Wholesale accounts are regarded as “business”, not as
a “consumer”. Visitors to Smart Store LTD who do not become Users, but who
nevertheless use the Site and/or download the App, affirm that they are bound
by these Terms each time they access Smart Store LTD. You should be aware that
these Terms may change from time to time as mentioned in Clause 1 below.
The website provides
access to a number of services that may be used in accordance with these terms.
The Service includes, but is not limited to:
- The ability to upload digital designs or images to the website or to email digital images to us so that we can process them on your behalf;
- The ability to order products of images that have been transferred or uploaded to the website of MyDesignGift
These terms or User Agreement govern the relationship between you and us. This website (and the services provided through the website) can only be used if you agree to these terms. You may only use the website in accordance with these terms. Only persons aged sixteen years or over may agree to these terms and use the website or the services offered through the website.
We may modify these terms at any time. Smart Store LTD reserves the right, at its discretion, to modify this Agreement, fees, charges, terms or any site content at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User's acceptance of the terms and conditions of changes as modified. The modified terms will come into effect as soon as they are posted on the website. The use of the website or any services provided through the website after that point will be subject to the modified terms. Your provision of any payment details deems that the terms are accepted by you, the buyer.
Conditions of Order
Smart Store Ltd allows you to access your Images through your Account. However, please note that:
- Designs, Images and Content
- You may submit, transfer or upload digital designs, images, pictures, data, text, photographs, graphics, messages, or other material (the “Content”) to the website yourself and store a copy with the license to MyDesignGift to work with it.
- You confirm to MyDesignGift you own or have permission to use the content.
- You retain all intellectual property rights, including copyright, to the content that you have uploaded to the website or emailed to us. We may delete, remove or refuse to display any at our sole discretion.
- Images uploaded by you or by us on your behalf which is then turned into a custom product may (subject to the restrictions in these terms) be made available for viewing to other users of this site for display in our gallery only with your expressed permission.
- We may display, modify, print, transmit, distribute or delete any of the images that you upload or email to us, provided that this is necessary in order to provide any of the service offered by us via the website or is otherwise allowed by these terms.
- In the course of storing your images, we reserve the right to apply various techniques to make generally accepted improvements to the quality of the image such as: removal of “red-eye”, brightness adjustments and enhancement; and detail enhancements.
- You accept that a design (except vector) or photograph when enlarged may lose some definition and that colour variation may occur in the finished item.
- You are advised to keep backups of all content provided to us. It is up to you to keep backup copies of content uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any content.
- We may without notice and at our sole discretion delete or remove any content that has been uploaded, emailed or submitted for printing in breach of these terms. We may refuse to provide any further services to anyone who breaches these terms. You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of: any use by you or your guests of this website in breach of these terms, any claim that the uploading or emailing of any content by you or on your behalf is an infringement of any third party's copyright, trademark or other intellectual property rights. This includes any claim that the processing, printing or other dealing with by us, in accordance with these terms, of any images, uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trademark or other intellectual property rights.
- It is a condition of allowing you to use the website and any services offered through it, that you have the right to copy, upload or otherwise deal with content in relation to the website and to allow us to process and otherwise deal with the content in accordance with these terms. You may not upload, email to us, request us to print or otherwise deal in relation to the website with any content unless you have the right to do so and to allow us to use such content or other material in accordance with these terms. For example, you may not take content from another website or other publication and do anything with them unless you have the permission of the relevant rights owner.
- You are not allowed to upload, email to us or order products of any content which contains pornographic, obscene, indecent or offensive material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or that may incite hatred or violence against any person or group, blasphemous material, defamatory or otherwise actionable material, images of any criminal act, a material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party, material that breaches any applicable laws or legislation. We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant content or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
- You shall ensure your content does not infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an image that you upload to the Site and to authorise the subsequent use of it; misrepresent the User's identity in any way or impersonate any person; including any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person; harass, upset, embarrass, alarm or annoy any person.
- Although we prohibit the upload of images and other user content which infringes our content rules, we cannot control and monitor or pre-screen the use of our site. We may without notice delete any image or other user content which appears to breach our content rules or prevent any use of services (including the purchase of products) which includes any such image or user content.
Confirmation of order
- You are responsible for ensuring all details submitted at the time of checkout is accurate and complete, in order for us to provide the Service you require. These details include, but are not limited to: name, address, contact telephone number, mobile number, email address, payment details, product size and specifications and any content uploaded.
- Once you have placed an order for any goods or services via this website using the Service, the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post.
- The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.
- We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the products had been dispatched.
Pricing and discounts
- All prices are in USD.
- We set prices and display these prices on the website. Shipping costs are shown separately. We may at times, change our price at our sole discretion, changes will be reflected on the website.
- Any changes to your order may incur additional fees and we will contact you either via email or phone to arrange payment.
- Offer codes may be published from time to time as part of a promotion. Offer codes may provide a free item or a discount on part of an order.
- Offer codes can only be used for online orders placed through this website. A maximum of one offer code can be used per order. Unless otherwise specified, postage and packing charges will still apply to orders subject to an offer code. Further conditions may apply and if so, will be published with the relevant offer code.
Changes to your order/Cancellations
- Within 30 minutes: we wait 30 minutes after you place your order before we start production. Within these 30 minutes, you are welcome to contact us via phone or live chat if you wish to edit or if you change your mind. If you have any questions about your order or have any doubts about your design get in touch with our friendly customer service team who will be more than happy to help and can offer a full refund.
- After 30 minutes: we handmake every product and personalise it to order, so as soon as we start production of your bespoke items, we have already invested into the ink, transfer paper, materials and the workforce time specifically for your order. This means that if you wish to cancel after 30 minutes of placing an order, a mandatory 20% charge will incur.
- You accept we exercise a degree of license to edit images to fit and to achieve the very best results. MyDesignGift is not obliged to make these adjustments and does so without liability in order to help to achieve the best results.
- We may contact you via email or phone to query, make changes to or confirm your designs before we proceed with the production of your order. If you do not respond to our queries, this may cause delay to your order. If we contact you with queries about your order it is because we deem it necessary in order to provide the Service. We are not obliged to contact you about your order during production.
Production of products
- Production times serve as an estimated timeline and do not warrant that the products will be produced and shipped by a specific date. We will do our best to meet this timeline.
- All Product Sizes are expected to be accurate, but due to the nature of making customised products by hand and one by one, there will be marginal size differences in the finished item to the sizes quoted on this website.
- Occasionally we may, at our sole discretion, substitute materials and adjust product design to accommodate production considerations in relation to supply or stock shortages.
- All Promotional Images of our products are good likenesses for what we produce. We do not warrant that the final item will be exactly as per the images contained in this website. There are often improvements made to products that are not visible in promotional photographs.
- To maintain continuity of the Service we reserve the right to use alternative materials in production, to those stated on the website.
- For full information and terms see our .
- Delivery Times are stated in good faith. 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. Over 96% of our products are delivered inside our quoted timelines.
- Shipping to anywhere outside the EU may attract local customs and duty charges, which are beyond our control are based on the customs laws of the receiving territory. We are not obliged to indemnify such costs should they arise, and they will become a matter for the recipient
We have different rules for the cancellation and return of your purchase dependant on if it is a personalised or non-personalised product. Please see below.
- You have the right to cancel your contract for the purchase of a non -personalised product, if you notify us of the cancellation no longer than 14 days after the day following the day on which the product is delivered. You must return the unused non-personalised product to us within 14 days of notifying us of the cancellation and you must pay for the return of the unused non-personalised product to our nominated address.
- You do not have the right to cancel products that are personalised as the products have been made to your specific requirements. However, for personalised products ordered from our site, we allow a 30-minute period in which you can either amend or cancel your order.
- This 30 minutes begins from when you receive your confirmation email or when you see the order summary “Thank you, your order is confirmed” on your screen. After this time period, your order will enter our production workflow and cannot be changed.
- In the unlikely event of a manufacturing fault, it will be repaired or replaced free of charge.
- Manufacturer faults cover scratches on the product, stitching issues and hemming issues. We, the manufacturer, will decide what falls under manufacturer faults.
- All orders made through wholesale accounts are regarded as Business to Business contracts and are not covered by Consumer rights act as wholesale accounts are regarded as businesses. Businesses cannot expect a legal remedy in respect to Fair wear and tear, misuse or accidental damage, or if they decide that they no longer want the item.
- We may, at our discretion, look into other solutions.
- Complaints or claims must be notified to us 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.
- We may terminate your order without notice at our sole discretion. We will refund any monies due in such a circumstance.
- Use of Services
- You may access any part of the website that is not password protected. Access to some parts of the site is only available if you have a valid password.
- You may not access these areas without a valid password.
- You must keep your password secure at all times.
- You will be responsible for any damage caused by unauthorised access resulting from your failure to keep your password secure.
- We may revoke your access at any time, without warning, at our sole discretion.
Illegal use and harm to our system
- You may not use the Service to break the law. You agree that you will not use the Service to violate any laws set out under English Law.
- You agree not to interfere with or attempt to disrupt the Service by distributing a virus or harmful code into our platforms or other programs.
Reproduction of site content
- You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the website.
- You are not allowed to use the website (or to copy or use any material from the website) for any commercial purpose other than to conduct a commercial transaction with MyDesignGift.
- You are not allowed to remove any copyright, trademark or any other intellectual property notices contained in the original material from any material copied or printed off from the website.
Operation of website
- We may change the format and content of the website (or any products or services offered by this website) at any time.
- We may terminate or suspend the operation of this website (or terminate or suspend the provision of any products or services offered via this website) for support or maintenance work, in order to update the website content or for any other reason. We may do this at any time and without notice.
- You are advised to keep backups of all material provided to us. It is up to you to keep backup copies of images uploaded by you or emailed to us.
- We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.
Sellers and Drop-shippers
- The User may have access to post items for sale in a MyDesignGift store and to sync that store to a 3rd party platform.
- Terms under this section (“Sellers and Drop-shippers”) apply if you create products with MyDesignGift’s design tools and/or post for sale a Design to be displayed and/or offer for sale on websites owned or operated by or for MyDesignGift (the "Site" incl. mobile). "Design" means all artwork, photographs, sketches, drawings, text, stitch files, digital images or product specifications that you send to MyDesignGift for placement on the Site or on physical or electronic products made by or for MyDesignGift ("Products").
- If you sync your store with a 3rd party website, via our API, integration or by any other means, you accept full responsibility for the content posted on the site and operation of that site. You are solely responsible for providing your end-customers who purchase via your 3rd party site with any customer service they may require.
- MyDesignGift stores will only be visible on our marketplace following approval by MyDesignGift of all store content, we may at any time and at our sole discretion remove or edit any content from our site, with or without warning.
- If you are using our API to connect your MyDesignGift store to another web platform or e-commerce provider MyDesignGift is solely responsible for its service.
- The commission paid to sellers is calculated after 20% of the sale is deducted for Taxes, Customs and Duty Fees, and excess delivery admin fee, for local administration.
- By uploading Designs to the Site or creating Designs with MyDesignGift's design tools, you grant the following licenses to MyDesignGift: the non-exclusive, worldwide, transferable, sub-licensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for promoting the Site and Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products; (ii) promotional "streams" of visual/audio Content on the Website, (iii) display of pages from book Products on the Site, (iv) Products or content placement in magazines, television shows, movies, apps, and other media, (v) the sale of Products available on the Site through third party product feeds, whether at retail prices, discounted prices, promotional prices, or as otherwise determined by MyDesignGift in its sole discretion, and (vi) the sale of Products available on the Site to other retailers, wholesalers, distributors or businesses at pricing as determined by MyDesignGift in its sole discretion.
- You also grant us the license and the right to make modifications to your Design as necessary to prepare your Design for use in a product category that you select, or for other manufacturing purposes relating to products you prepare on the site, if you agree that your Design may be used in such a product. If you select the "customisable" “unlocked” option, you also agree that MyDesignGift and its customers may make changes to the Design for the purposes of creating and ordering Products for additional customisation (save the date, adding names etc).
- You waive your moral rights in relation to all uses of the Design, provided such use is in accordance with the foregoing license.
- You may remove your Design from the Site at any time, and you retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that MyDesignGift will fulfil any orders placed prior to termination and MyDesignGift may continue to use your Design in marketing and promotional materials if such materials were created prior to removal of the Design.
Smart Store LTD including its staff, directors, agents, venture partners, associates or other officers must be held protected from any claim or demands made by any third party caused by or arising from your breach of this agreement. You will indemnify Smart Store LTD for any demands or claim including reasonable legal fees arising from such a claim for your violation of law or any rights of a third party.
- Law and jurisdiction
We are reasonable and fair in our approach and should we find ourselves in dispute, we will try discussion and dialogue at first consideration for a speedy resolution. Beyond that, we will try arbitration and alternative dispute resolution procedures. If all reasonable resolution ideas are exhausted within a reasonable time frame, then these terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with Bulgarian law for which you and Smart Store LTD submit for jurisdiction. In the event of any dispute arising in relation to these terms or in relation to the provision of any goods and services by us, the Bulgarian courts will have exclusive jurisdiction over such dispute.
This agreement does not form an agency, joint venture, employer and employee status, franchiser and franchisee relationship or legal partnership. This agreement may be assigned or transferred at any time by Smart Store LTD.