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Terms & Conditions

Our terms of supply

1. Information about us and how to contact us

1.1. Who we are. We are Colourstory Ltd (we, us, our), a company registered in England and Wales. Our company registration number is 8852853 and our registered office is at First Floor, 105 City Road, Bristol, BS2 8UL. We operate the colourstoryapp.com website (theSite).

1.2. How to contact us. You can contact us by telephoning us at +44 7530 218092 or by writing to us at colourstoryapp@gmail.com or First Floor, 105 City Road, Bristol, BS2 8UL.

1.3. How we will contact you. If we have to contact you we will call you using the number you provided in your order or write to you at the email address or postal address you provided in your order.

2. About our terms

2.1. Why we have them. We have these terms so that you are clear about the terms and conditions that apply when you buy anything from us using the Site.

2.2. Why you should read them. You should read these terms carefully before you submit your order to us. They tell you who we are, how we will provide your Colourstory to you, how you and we may change or end the contract, what to do if there is a problem and other important information. You should also read our Privacy policy and Cookie policy. If you have any questions about these terms you can contact us at colourstoryapp@gmail.com.

3. Ordering From Us: How the Agreement Works

3.1. Placing your order. To make a Colourstory, you need to complete the order form on the Site and upload your photo. The order form on the Site will take you through the uploading and order process step by step and as part of this process you will provide your delivery and payment details.

3.2. If we cannot accept your order. If we are unable to accept your order, we will let you know by email and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have found an error in the price or description of the product or because we cannot meet a delivery deadline you have included in your order.

3.3. Acceptance of your order. You have 48 hours to change your mind from the time you submit the order form including your photo. If you change your mind you can let us know within the 48 hour window by emailing us at colourstoryapp@gmail.com. We will then email you to let you know we have received your cancellation. If you do not cancel we will send you a confirmation email after 48 hours which will confirm your order, the price and the estimated delivery date. This is when your offer to buy the Colourstory is accepted and the contract between us is made. At this point you are committed to buying the Colourstory.

4. Your Account and Uploading Photos

4.1. Creating an account. You can create an account and upload your photo to the Site from your own desktop or device, in which case a thumbnail of the photos will be stored on our server in accordance with our Privacy policy until you have created your Colourstory. When you upload your photos from your own desktop or device, you may opt to allow us to store your photos in your account for future use by ticking an opt-in box. If you opt in your photos will be available when you log in and you will be able to use your photos to make another Colourstory or to send a link to a friend so they can see the photo a Colourstory was based on. These photos will be stored in accordance with our Privacy policy.

4.2. Logging in using Facebook or Instagram. You have the option to log in using your account on Facebook or Instagram, in which case you give us permission to access the photos from your Facebook or Instagram account and we will not store them on our server. If you create an account and log in using Facebook or Instagram you will automatically be opted in to receive marketing emails, please see our Privacy policy for more details. If you sign in using Facebook or Instagram you must make sure that you have complied with Facebook and Instagram’s terms of use which you can find on their websites. We do not have any business relationship with Facebook or Instagram and they do not endorse the Site or our products.

4.3. Your account and password. If you choose a user ID, password or any other piece of information to create an account, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user ID or password, if in our reasonable opinion you have failed to comply with any of the provisions of these terms or Our Website terms of use. If you know or suspect that anyone other than you knows your user ID or password, you must promptly notify us at colourstoryapp@gmail.com.

4.4. Uploading photos to our site. You must make sure that the photos that you upload are your own and you have the right to upload them and use them for a Colourstory. By uploading them to the Site to make a Colourstory you warrant to us that the photos are your own and you have the right to upload them and use them to make a Colourstory. You also warrant that the content in your photos is not harmful or illegal in any way, does not include any malicious code or viruses, does not infringe the rights (including intellectual property rights) of any third party and that any third parties who can be identified in your photo have agreed that you can upload and use the photo for a Colourstory.

5. Your Colourstory

5.1. Colourstories may vary slightly from the pictures on the Site. When we print your Colourstory we will do our best to reproduce the colours in the Colourstory generated on the Site when you order. Although we make every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colours in the final Colourstory as printed. Your Colourstory may vary slightly from those images.

6. Providing Your Colourstory

6.1. Delivery costs. Standard delivery is made by Royal Mail and will be free. If you need faster delivery please let us know when you place your order and we will email you to tell you if we can deliver when requested and set out any additional charges that we will make for this.

6.2. We are not responsible for delays outside our control. If our supply of your Colourstory is delayed by an event outside our control 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. As long as we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund if you have paid for a Colourstory but not received it.

6.3. Your legal rights if we deliver late. You have legal rights if we deliver your Colourstory late. If we miss the delivery deadline for your Colourstory then you may treat the contract as at an end straight away if any of the following apply:

6.3.1. we have refused to deliver your Colourstory;
6.3.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.3.3. you told us in your order form that delivery must be made by the delivery deadline and we accepted your order.

6.4. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.3, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

6.5. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.3 or clause 6.4, you can cancel your order for a Colourstory or reject the Colourstory that has been delivered. If you have ordered more than one Colourstory you can cancel the order for one or more of them. After that we will refund any sums you have paid to us for the cancelled Colourstory and their delivery. If the Colourstory has been delivered to you, you must post them back to us. We will pay the costs of postage. Please call us on +44 7530 218092 or email us at colourstoryapp@gmail.com for a return label.

6.6. When you become responsible for the Colourstory. The Colourstory will be your responsibility from the time our carrier delivers the Colourstory to the address you gave.

6.7. When you own the Colourstory. You own the Colourstory once we have received payment in full.

7. Your rights to end the contract

7.1. Ending your contract with us. 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:

7.1.1. If what you have bought is faulty or does not match the description on the Site you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 9;

7.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

7.1.3. If you have just changed your mind about the product, see clause 7.3;

7.2. 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 at 7.2.1 to 7.2.3 below the contract will end immediately, we will refund you in full for your Colourstory if it has not been provided and you may also be entitled to compensation. The reasons are:

7.2.1. we have told you about an error in the price or description of the Colourstory you have ordered and you do not wish to proceed;

7.2.2. there is a risk that supply of the Colourstory may be significantly delayed because of events outside our control;

7.2.3. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.5).

7.3. 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. However, because each Colourstory is created specifically for you based on your photo, you do not have the right to change your mind and cancel your order after the 48 hour window mentioned in clause 3.2. We start working on your Colourstory once we have sent the acceptance email.

8. How to end the contract with us

8.1. Telling us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

8.1.1. Phone or email. Call us on +44 7530 218092 or email us at colourstoryapp@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.1.2. By post. Write to us at First Floor, 105 City Road, Bristol, BS2 8UL, including the information set out in clause 8.1.1 above.

8.2. Returning the Colourstory after ending the contract. If you end the contract for any reason after a Colourstory has been sent to you, you must return it to us by post. Please call us on +44 7530 218092 or email us at colourstoryapp@gmail.com for a return label.

8.3. When we will pay the costs of return. We will pay the costs of return:

8.3.1. if the Colourstory is faulty or does not match the description on the Site (taking cause 5.1 into account); or

8.3.2. if you are ending the contract because we have told you of an upcoming change to the Colourstory 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.

In all other circumstances you must pay the costs of return.

8.4. How we will refund you. We will refund you the price you paid for the Colourstory including delivery costs, by the method you used for payment

8.5. When your refund will be made. We will make any refunds due to you as soon as possible.

9. If there is a problem with your Colourstory

9.1. How to tell us about problems. If you have any questions or complaints about your Colourstory, please contact us. You can telephone us at +44 7530 218092 or write to us at colourstoryapp@gmail.com or First Floor, 105 City Road, Bristol, BS2 8UL. Please also see our Complaints policy.

9.2. Summary of your legal rights. We are under a legal duty to supply products that conform with this contract. See the box below for a summary of your key legal rights in relation to your Colourstory. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

  • up to 30 days: if your item is faulty, then you can get a refund.

  • up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.

  • up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.

9.3. Your obligation to return rejected Colourstories. If you wish to exercise your legal rights to reject a Colourstory you must post it back to us. We will pay the costs of postage. Please call us on +44 7530 218092 or email us at colourstoryapp@gmail.com for a return label.

10. Price and payment

10.1. Where to find the price for the Colourstory. The price of the Colourstory (which includes VAT) will be the price indicated on the order page when you placed your order. We use our best efforts to make sure that the price of the Colourstory given to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the Colourstory you order.

10.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Colourstories we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Colourstory'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 Colourstory's correct price at your order date is higher than the price stated on the Site, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Colourstory provided to you.

10.4. When you must pay and how you must pay. We accept payment with Visa, Visa Electron, Maestro, Mastercard. You must pay for the Colourstory before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

11. Our responsibility to you

11.1. We are responsible to you for foreseeable loss and damage caused by us. If we do not comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. 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.

11.2. We are not liable for business losses. We only supply the 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.

12. Other important terms

12.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

12.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we have good reason to believe that the other person will not be able or willing to pay for the Colourstory you have ordered.

12.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

12.4. 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.

12.5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Our Website terms of use

These terms explain how you can use the www.colourstoryapp.com website (the Site). Use of the Site includes accessing, browsing, or registering to use the Site as well as making orders for Colourstories which is covered in Our terms of supply.

Please read these terms of use carefully before you start to use the Site, as these will apply to your use of the Site. We recommend that you print a copy of this for future reference.

By using the Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the Site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

Changes to these terms

We may update these terms of use at any time by amending this page. These terms were last updated on 5th November 2015.

Please check this page from time to time to take notice of any changes we make, as you will be required to comply with them.

Site content

We may update the Site from time to time, and may change the content at any time. We try our best to make sure our Site is accurate and up to date but we do not guarantee that the Site, or any content on it, will be free from errors or suitable for a particular purpose. If you think that there is a mistake on our Site please email us at colourstoryapp@gmail.com and we will have a look and see if it can be put right.

Accessing our site

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

Intellectual property rights

We own or licence all intellectual property rights in the Site, and in the material published on it.

You are permitted to use the material on the Site on a limited basis, for your own personal, non-commercial use only. You must not otherwise copy, reproduce, transmit or use the material on the Site.

If you want to link to our site or reproduce any part of it other than for your personal use you can ask us for permission by emailing us at colourstoryapp@gmail.com.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

If we breach these terms of use we will only be liable to you for any losses that were reasonably foreseeable at the time of your use of the the Site.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

Viruses

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. If you do this, your right to use the Site will cease immediately.

Third party links and resources in our site

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Privacy policy

Colourstory Ltd (we, us, our) are committed to protecting and respecting your privacy.

This policy (together with Our Website terms of use and Our terms of supply and any other documents referred to in them) sets out how any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand how we will deal with your personal data. By visiting www.colourstoryapp.com you are accepting, and consenting to, the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Colourstory Ltd of First Floor, 105 City Road, Bristol, BS2 8UL.

Information we may collect from you

We may collect and process the following data about you:

Cookies

Our website uses cookies to distinguish you from other users of the Site. This helps us to provide you with a good experience when you browse the Site and also allows us to improve the Site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.

Uses made of the information

We use information held about you in the following ways:

If we want to use either any feedback that you give us or your Colourstory for marketing or feature them on our Site we will always contact you for permission by email first.

Disclosure of your information

We may share your information with selected third parties including:

We may disclose your personal information to third parties:

Where we store your personal data

The data that we collect from you will be stored within the European Economic Area ("EEA").

All information you provide to us is stored on our secure servers.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to colourstoryapp@gmail.com.

Information about our use of cookies

The Site uses cookies to distinguish you from other users of the Site. This helps us to provide you with a good experience when you browse the Site and also allows us to improve the Site. By continuing to browse the Site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

You can find more information about the individual cookies we use and the purposes for which we use them in the table below: 

Cookie

Type

Filename

Purpose

Expires In

Colourstory Strictly Necessary PHPSESSID Track user status, Colourstory data and logins Session
Colourstory Targeting PastMember Track past logins from this browser 90 Days
Google Analytics Analytical/performance _ga Track Website statistics and user behaviour 1 Year
Google Analytics Analytical/performance _gat Track Website statistics and user behaviour 1 Year

 

Please note that third parties (including, for example, Facebook and Instagram if you login using these platforms, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

Information on deleting or controlling cookies is available at AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Site. 

Complaints policy

If you are not happy with your Colourstory we want to know. Please email us at colourstoryapp@gmail.com explaining the problem or call us on +44 7530 218092 We will email you to acknowledge receipt of your complaint within 48 hours. We will do our best to resolve your complaint as quickly as possible and will update you at least once each week by email if your complaint takes more than one week to resolve.

If you are unhappy with the resolution you can contact a certified alternative dispute resolution provider to help negotiate a solution with us and we will co-operate fully with this process. The following providers can provide alternative dispute resolution services:

Provider

Website

Pro Mediate UK Limited www.promediate.co.uk
The Retail Ombudsman www.theretailombudsman.org.uk
Dispute Resolution Ombudsman www.ombudsman-services.org
NetNeutrals EU Limited www.netneutrals.com