1. Introduction
These Terms set out your rights and obligations, and those of Art of Colour Ltd ("we" or "us"), in relation to www.happypix.eu (the "Site") or HappyPix mobile application that you access (the "App") and any goods or services available through, and material of any kind accessible or relating to, the Site, the App or us (the “Services”). When we refer to "Art of Colour Ltd" in these Terms, we mean us, the Site, the App and/or the Services, according to the context.
By using the Services, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Art of Colour Ltd (owner and administrator of HappyPix mobile app) that you will use the Services only in a manner consistent with these Terms. If you have questions about these Terms, please contact us at e-mail address: hello@happypix.eu. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Services.
Please read and carefully review these Terms and Conditions, as they form a binding agreement between you and Art of Colour Ltd.
2. Client’s Account
In order to ensure quick and effective ordering process, the App does not offer an option of setting up user’s account. However, after the first order, the app will remember client’s details (name, surname, e-mail address, phone number) and delivery details for Customer’s future orders.
You can use HappyPix app if you are at least 18 years of age and submit certain requested information in the app, including your name, email address and delivery address. As a Customer, you must provide Art of Colour Ltd with true, accurate, current, and complete information about yourself when such information is requested (whether by questionnaires, surveys, registration forms, or other informational requests).
3. Privacy Policy
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through HappyPix app is governed by our Privacy Policy.
4. Prohibited content
Users of the Services may not use the Services to Process “Prohibited Content.” Generally, Prohibited Content includes Content or other material (especially photos submitted by the Customer in HappyPix app) that:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
- Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
- Advocates illegal activity;
- Violates any law or regulation;
- Harms anyone, including minors; or,
- Provides a link to any of the above.
Any Content submitted via HappyPix app may be subject to examination from time to time. We reserve the right to delete any type of Prohibited Content and cancel your order with full refund if the payment has already been submitted.
All Content that is Processed on the Services is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
5. Products
All products are described by Art of Colour Ltd in HappyPix app or on HappyPix webpage (www.happypix.eu) as detailed as possible. In case of doubt regarding the characteristics of a product, the Customer can contact us via the contact form on the webpage or by email (hello@happypix.eu). We strongly advise to ready our FAQ section before ordering.
6. Quality of photos
For purposes hereof, the Customer provides to Art of Colour (via HappyPix mobile app) photos to be of sufficient quality to enable the print of photo tiles without quality loss.
Those photos must meet a minimum quality next to not undergo degradation in print: 1000x1000 pixels. The difference in quality between the photo submitted by the Customer, and the one printed on the photo, can affect the colour or appearance, especially due to the quality of the original layout but also the display quality the screen of the device used. The Customer acknowledges that the print quality is based on the quality of photo provided to Art of Colour Ltd.
7. Hosting of photographs
We host Customers’ photos during 180 days. After this time the photos will be deleted. Since HappyPix app does not store/remember photos from your previous order(s), it’s Customer’s responsibility to upload new or saved photos from their phone photo library for every repeat order placed in HappyPix app.
8. Pricing
Using HappyPix app is free of charge for Customers downloading the App both iOS and Android platforms.
All orders made in the HappyPix app are payable at the order which means your order can be processed once you complete your personal information, shipping address and submit payment.
Prices are valid only on the date ordering and can be changed at anytime according to pricing policy. No modification of price can be applied to an order alredy confirmed or in progress.
Prices are indicated in GBP (British Pound) for delivery to the United Kingdom, PLN (Polish Zloty) for delivery to Poland and EURO for delivery to Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, The Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
All prices include UK VAT of 20%.
9. Payment for products
Payment is made online in the HappyPix app by credit card (Visa, Mastercard, Maestro, American Express) via Paypal payment gateway or via Paypal account directly from the HappyPix app. Paypal encrypt data according to the SSL protocole as to secure users’ data. The amount of the order is debited at the time of validation of the order.
The order will be effective after payment has been confirmed. In case of agreement, the account will be debited immediately after the order confirmation and the order will be processed. In case of refusal, the order will be cancelled. Art of Colour Ltd reserves the right to cancel an order if a payment problem occurs. In case of reimbursement users will be credited on the bank account linked to the card they used during payment.
Payment card or Paypal login details of the user must be entered for each order. They are used only for the payment transaction and are deleted in the app straight after purchase.
Art of Colour Ltd reserves the right to refuse to make a delivery or to honour an order from a user who has not fully paid or a previous order or with whom a payment dispute is being administered.
10. Order summary
Once the payment has been processed and order submitted, each client will receive an e-mail from HappyPix with attached Order Summary in PDF (including order date, order number, delivery address, details about order products and thumbnails of selected pictures for print). Please contact us immediately at hello@happypix.eu if the Order Summary contains any incorrect information.
11. Delivery or products
All orders placed in the HappyPix app are shipped with UPS Standard service to the following countries (excluding island territories): Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom.
We aim to deliver all order to the European Union countries within 7 working days.
In case of erroneous information leading to delivery failure of your order, Art of Colour cannot be held responsible. Data collected automatically at the time of the order can be referred to as evidence of the date, time, products ordered and price paid.
12. No Right to Withdraw
There is no right to withdraw as all goods purchased via HappyPix are made to your specification. However, if goods or services are faulty, the terms under Notice of Defects apply.
13. Notice of Defects
If you are a Customer under applicable laws, the following applies without prejudice to your rights under the legal warranties as described above:
Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by sending us an e-mail as soon as reasonably possible but in any case no later than within 3 days after the delivery, or in the case of non-delivery, you must notify Art of Colour Ltd within a reasonable time after the products were expected to arrive.
Any damage or anomaly regarding the products delivered (missing product, damaged product, etc.) shall be noticed in writing within 3 days after delivery to our e-mail address hello@happypix.eu.
Please specify the order number and supply photos of faulty/damaged products when reporting defects.
In case of products damaged or partially damaged in transit, we’ll reprint and redeliver the damaged part of order at no extra cost within 7 working days.
Please note that only technical inadequacies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in colour between the images and the original pictures submitted via HappyPix app are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
14. Personal Data
Personal data collected by Art of Colour Ltd via HappyPix app (such as your contact details and delivery address) are never shared with third parties. Customer have a right to access, modify or delete data complying with law on digital data processing and civil liberties. Customers can exercise this right by using the contact form or by mail at the following address: Art of Colour Ltd, Technology House, Lissadel Street, M6 6AP, United Kingdom.
Art of Colour Ltd reserves the right to contact Customers using the personal data they provided as to communicate on offers Customers could be interested in.
15. Intellectual Property Rights
a) Ownership
You will retain ownership of your Content and any rights granted to Art of Colour Ltd (via Happypix app) herein are granted as a license.
b) Content License
In order for Art of Colour Ltd to provide our services to you, you hereby grant to Art of Colour Ltd and its agents, the right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Services to you, (b) improving the Services (e.g., customer support, technical support and order fulfillment). For example, we may show a photo of your ordered HappyPix wall tiles on our Instagram or Facebook page if we receive it from you directly with your written consent.
c) Warranty
As a condition to use HappyPix app, you represent and warrant to Art of Colour Ltd that you either own your Content or have written permission from the copyright (or other intellectual property right, such as droit d’auteur and trademark) owner to make such Content available to the Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, droit d’auteur, trademark, trade secret right or other intellectual property or other property right of any third-party.
d) Personal Rights.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual's likeness in the manner contemplated in these Terms.
The Services are protected by the United Kingdom and international copyright laws and by other applicable national laws. You may not process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Services.
If you believe that your work or the work of someone else has been copied in a way that constitutes copyright infringement, please contact us to proceed with further steps at hello@happypix.eu.
16. Termination
Art of Colour reserves the right to terminate your use of HappyPix app, remove and discard any Content at any time, for any legitimate reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Art of Colour Ltd elsewhere within the Services, (ii) conduct Art of Colour Ltd believes is harmful to other Art of Colour Ltd users or the business of Art of Colour Ltd, or (iii) failure to maintain Active Participation in the Services. You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
17. Copyright and Trademark Ownership
Our Services contain copyrighted material, trademarks and other proprietary information, including logos, videos, comments, articles, information, product names, data, text, software, photos, and graphics ("Art of Colour Ltd Content"). The Content is subject to copyrights owned by Art of Colour Ltd and other individuals or entities and is protected by the United Kingdom and international copyright laws.
The names, trademarks, service marks, and logos of Art of Colour Ltd or HappyPix app belong exclusively to Art of Colour Ltd and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Services confers on you any license or right under any intellectual property right of Art of Colour Ltd or any third-party.
18. Law
These Terms, the Services each order and purchase of a Product shall be governed by English law. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product.
Except where and to the extent prohibited by law, by using the Services, you and Art of Colour Ltd agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of them, other than disputes related to or involving Art of Colour intellectual property, (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.
Notice shall be sent to: Art of Colour Ltd, Technology House, Lissadel Street, Salford
M6 6AP, United Kingdom.
19. Contact Us
If you have any questions or concerns regarding the Services or these Terms, please contact us at hello@happypix.eu or by post at
Art of Colour Ltd
Technology House
Lissadel Street
Salford
M6 6AP
United Kingdom
We are a company registered in England and Wales under registration number 09650411.
