Terms and Conditions
Please read these terms carefully and ensure you understand them before you use this website and place an order with us.
If you choose to order goods from our Website, you will also be required to read and accept these Terms and Conditions when ordering.
Our Website, potatoprint.co.uk, is owned and operated by Potato Print, a trading name of Just Digital Limited, a limited company registered in England under 04954829 whose registered address is Kingfisher Way, Hinchingbrooke Business Park, Huntingdon, Cambridgeshire PE29 6FN. Our VAT number is 826191820.
Access to our site
Access to our site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access our Website. Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period. We may alter or update our Website (or any part of it) at any time.
USING OUR WEBSITE
Certain parts of our Website (including the ability to purchase goods from us and to submit user content) may require an Account in order to access them.
You must be 16 years old to create an Account. If you are under the age of 16 and wish to use the features on Our Website that require an Account, your parent or guardian must create the Account for you and you may only use the Account with their supervision.
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of our Website requiring an Account for access. If you close your Account, any user content eg reviews, comments and your order history, you have created on our Website will be anonymised.
Intellectual property rights
With the exception of user content, all content included on our Website and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by us. All content (including user content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content from our Website unless given express written permission to do so by us. Our status as the owner and author of the content on our Website (or that of identified licensors, as appropriate) must always be acknowledged.
We allow users to upload and store digital photographic images (each an “Image”), and to access those Images through your Account – this is your “Image Library”. All Images must meet our Image specifications, which may be changed by us from time to time.
For further guidance and information on uploading Images please see the pop up box on the product editor when you order.
We reserve the right to make changes to Images which are intended to improve their storability, including compression, size reduction and downscaling; and format conversion, We strive to retain Images that are of sufficient quality for inclusion in personalised Goods, but some loss and modification of detail may be apparent under close examination.
You should make sure that your Images are securely stored elsewhere, as we do not undertake or guarantee to keep your Images and other user content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any user content.
We do not keep back-up copies of Images and other user content; we have no liability to you or any User if Images or other user content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).
User content on our Website includes (but is not necessarily limited to) images and other material (including textual annotations to and comments on images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with our Website. An account is required for the submission of user content to our Website.
You agree that you will be solely responsible for your user content. Specifically, you agree, represent and warrant that you have the right to submit the user content and that all such user content will comply with our acceptable usage policy (see below).
You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you. You will be responsible for any loss or damage suffered by us as a result of such breach.
You (or your licensors, as appropriate) retain ownership of your user content and all intellectual property rights subsisting therein. When you submit user content you grant us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your user content for the purposes of operating and promoting our Website.
We may reject, reclassify, or remove any user content from our Website where, in our sole opinion, it violates our acceptable usage policy, or if we receive a complaint from a third party and determine that the user content in question should be removed as a result.
Our Website is intended for users in the United Kingdom only. We do not warrant or represent that Our Website or its content are available in other locations or are suitable for use in other locations.
Acceptable usage policy
You may only use our Website in a manner that is lawful and that complies with the provisions of this policy. Specifically you must ensure that you comply fully with any and all local, national or international laws and/or regulations; you must not use our Website in any way, or for any purpose, that is unlawful or fraudulent; you must not use our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and you must not use our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
When submitting user content (or communicating in any other way using our Website), you must not submit, communicate or otherwise do anything that:
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person
- promotes or assists in any form of unlawful activity obscene, sexually explicit, deliberately offensive, hateful or otherwise inflammatory or promotes violence;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this policy);
- implies any form of affiliation with us where none exists or is calculated or otherwise likely to deceive
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
We reserve the right to suspend or terminate your access to our Website if you materially breach the provisions of these Terms and Conditions. We may suspend, your Account and/or your right to access our Website; remove any user content submitted by you that violates this Acceptable Usage Policy; issue you with a written warning; take legal proceedings against you on an indemnity basis; disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or any other actions which we deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.
The content on our Website does not constitute advice on which you should rely. It is provided for general information purposes only. Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of our failure to exercise reasonable care and skill, any digital content from our Website damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
We make reasonable efforts to ensure that the content on our Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through our Website (please see below – ordering goods).
Our liability – use of our Website
The provisions of this clause apply only to the use of our Website and not to the sale of goods through our Website (see below for our liability to consumers).
To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Website or the use of or reliance upon any content included on our Website.
To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Website or any content included on our Website.
Our Website is intended for non-commercial use only. If you are a commercial user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Links to our site and links to other websites
You may link to our Website provided that you do so in a fair and legal manner; you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists; you do not use any logos or trademarks displayed on our Website without our express written permission; and you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
You may not link to any page other than the homepage of our Website, www.potatoprint.co.uk. Deep-linking to other pages requires our express written permission. Framing or embedding of our Website on other websites is not permitted without our express written permission. You may not link to our Website from any other site the main content of which contains material that contravene our acceptable use policy (see below).
Links to other sites may be included on our Website. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Viruses, malware and security
We exercise all reasonable skill and care to ensure that our Website is free from viruses and other malware and we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Website (including the downloading of any content from it) or any other site referred to on our Website.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website.
These Terms and Conditions do not apply to customers purchasing goods in the course of business.
If goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your goods reach their destination. You should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
Goods, pricing and availability
Our goods are in two different product categories:
Non-personalised goods: if it is a standard product which does not include any Image or user content, it is a non-personalised product
Personalised goods: if the Product in question includes an Image or other user content (as defined in these terms and conditions) selected by the User it is a personalised product.
If an Image does not meet our specifications you may not be able to upload it and/or you may find that it is not possible to use that Image in conjunction with some or all of our Goods.
We make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from us correspond to the actual goods. Please note, however, that images of goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of goods may vary This does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct goods, not to different goods altogether (see below).
Where appropriate, you may be required to select the required size, model, colour, number of the goods that you are purchasing. We neither represent nor warrant that goods will be available. Stock indications are not provided on our Website.
We make all reasonable efforts to ensure that all prices shown on our Website are correct at the time of going online but we reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
In the unlikely event that we have shown incorrect pricing information, we will contact you in writing before proceeding with your order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the goods at the correct price or to cancel your order (or the affected part thereof). We will not proceed with processing your order until you respond. If we do not receive a response from you within 24 hours, we will treat your order as cancelled and notify you of this via email.
In the event that the price of goods you have ordered changes between your order being placed and us processing that order and taking payment, you will be charged the price shown on our Website at the time of placing your order. All prices on our Website include VAT, where applicable. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Delivery charges are not included in the price of goods on our Website. Delivery options, including details of delivery times, and related charges will be presented to you as part of the order process.
Our Website will guide you through the ordering process. Before submitting your order to us you will be given the opportunity to review your order and amend it. Please make sure you follow our upload specifications and guides as no refunds can be given on personalised goods faulty as a result of not following these specifications. Please ensure that you have checked your order carefully before submitting it. We cannot accept the return of personalised goods if that return is due to incorrect information provided by you.
No part of our Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. At this stage you will provide payment through SagePay. Once your payment is cleared, our acceptance of your order is indicated by us sending you an order confirmation by email.
Our order confirmation will contain confirmation of the goods ordered including full details of the main characteristics of those goods; fully itemised pricing for the goods ordered including, where appropriate, taxes, delivery and other additional charges and estimated delivery date(s) and time(s).
If we, for any reason, do not accept or cannot fulfil your order, no payment shall be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
Gift vouchers and promotional codes
It may be possible to purchase gift vouchers for use on our Website. From time to time we also introduce promotions which allow discounts for our goods.
By using a promotional code or discount or when purchasing or redeeming a gift voucher you will be deemed to have read and understood and agreed to be bound by all our terms and conditions (standard and specific to gift vouchers and promotions) relating to our Website.
Promotional codes/discounts cannot be used in conjunction with any other offer. The discount is applied to your entire basket, excluding any delivery charges. Each promotional code/discount will have a limited time period in which to be used and/or a maximum number of orders per code. The code/discount will be invalid once these limits have been reached. Specific terms and conditions for each promotional code/discount setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code/discount terms and conditions via the Website (eg, via an on-site banner).
Promotional codes have no cash value. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
Vouchers will be posted to the address provided. Email gift vouchers will be dispatched by email to the designated email account as soon as payment for the gift voucher has been cleared. Printable gift vouchers will be dispatched by email as a downloadable PDF to the email account of the purchaser as soon as payment for the gift voucher has been cleared. It is the responsibility of the purchaser to ensure that the delivery postal or email address entered is correct. We cannot be held responsible for gift vouchers that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.
If the goods purchased total less than the value of the gift voucher, we regret that we cannot refund the difference. If the goods purchased exceed the amount of the gift voucher, the balance must be paid for via SagePay. Gift vouchers cannot be redeemed for cash and are not transferable or assignable. Gift vouchers must be redeemed within one year of the date of dispatch by us and will expire after such date.
Payment for goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
The method of payment we use is Opayo.
If you believe that we have charged you an incorrect amount, please contact Us as soon as possible to let Us know.
We provide a range of delivery options at the checkout. Please see our delivery page for details [link]. The delivery prices vary depending on the service provided but include VAT.
All goods purchased through our Website will normally be delivered as described in our delivery information and at the latest within 30 calendar days of the date of our order confirmation unless otherwise agreed (subject to delays caused by events outside of our control, see below).
In the unlikely event that we fail to deliver the goods within 30 calendar days of our dispatch confirmation (unless otherwise agreed), you may cancel your order immediately if we have refused to deliver your goods; or if, in light of all relevant circumstances, delivery within that time period was essential; or you told us when ordering the goods that delivery within that time period was essential.
If you do not wish to cancel or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then cancel your order.
Delivery shall be deemed complete once we have delivered the goods to the address including, where relevant, any alternative address provided in your order.
Returns and refunds: faulty, damaged or incorrect goods
By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences). If any goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.
Please note that personalised goods are not faulty if an image which does not meet our specifications has been used in the creation of a personalised product or if incorrect information has been supplied during the order process.
Beginning on the day that you receive the goods (and ownership of them) you have a 30 Calendar Day right to reject the goods and to receive a full refund if they do not conform as stated above.
Alternatively, you may request a repair of the goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you a full refund.
If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the goods still do not conform (or if we cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the goods (and ownership of them), we may reduce any refund to reflect the use that you have had out of the goods.
Please note that you will not be eligible to claim if we informed you of the fault(s), damage or other problems with the goods before your purchase of the them (and it is because of the same issue that you now wish to return them); if you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
To return goods to us for any reason under this clause, please contact us to arrange for a collection and return. We will be fully responsible for the costs of returning goods.
Refunds (whether full or partial, including reductions in price) under this clause will be issued within 14 Calendar Days of the day on which we agree that you are entitled to the refund. Any and all refunds issued under this clause will include all delivery costs paid by you when the goods were originally purchased. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Returns and refunds if you change your mind
If you are a consumer you have a legal right to a “cooling off” period within which you can cancel the contract for any reason. This right relates to non-personalised goods only. This period begins once your order is complete and we have sent you your order confirmation. Please note that we cannot accept returns or refunds for personalised goods unless they are faulty, damaged or incorrect.
If the goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the goods. If the goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of goods.
If you wish to exercise your right to cancel, you must inform us of your decision within the cooling off period. We may ask you why you have chosen to cancel and may use any answers you provide to improve our goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
Please ensure that you return goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel. You may return goods to by post or another suitable delivery service of your choice to our returns address Kingfisher Way, Hinchingbrooke Business Park, Huntingdon, Cambridgeshire PE29 6FN. Please note that you must bear the costs of returning goods to us.
Refunds when will be issued to you within 14 calendar days of the following:
The day on which we receive the goods back; or the day on which you inform us (supplying evidence) that you have sent the goods back (if this is earlier); or, if we have not yet dispatched the goods, the day on which you inform us that you wish to cancel the contract.
Refunds may be reduced for any diminished value in the goods resulting from your excessive handling of them. Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that we cannot reimburse for premium delivery. Refunds will be made using the same payment method that you used when ordering the goods.
Our liability to consumers placing orders on our site
We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
If any force majeure event occurs, we will inform you as soon as is reasonably possible if it is likely to adversely affect our performance of any of our obligations to you. We will inform you when the force majeure event is over and provide details of any new dates, times or availability of goods as necessary;
During the force majeure event, our obligations will be suspended and any time limits that we are bound by will be extended accordingly. If the force majeure event continues for more than 30 days, we will cancel the contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the contract is cancelled. If a force majeure event outside of our control occurs and continues for more than 10 days and you wish to cancel the contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 30 Days of the date on which the Contract is cancelled.
Other important Terms
We may transfer (assign) our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
The contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. If we do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of our Website after the changes have been implemented. You are therefore advised to check this page from time to time.
If we change these Terms and Conditions as they relate to your specific order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation or return of goods whichever is the later.
In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
To contact us whether it is about this website, your order, return of goods or anything else please contact us at Hello@potatoprint.co.uk or using any of the other methods provided on our contact page.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law and shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.