1. Introduction
    1. This website is owned and operated by Rajeev Shinh trading as “Cartoon Couple”. Our contact information is at the end of this document.
    2. Please read these terms and conditions carefully. They apply to any goods or services which we supply to you. (There are separate terms which apply to your use of our site.) Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
    3. Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
    4. We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
    5. We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.
  2. Contracting with us
    1. It is your responsibility to ensure that you provide us with correct information to enable us to perform our services including carefully checking any proofs that we provide you. Please see our FAQs for more information. We are not responsible for errors that could have been rectified if you had alerted us at the proof stage.
    2. After you have submitted an order through our website, we will email you a quote. You enter a legally binding contract with us if you accept the quote by email within the acceptance period that we say in the quote email (or 7 days if the quote email doesn’t mention an acceptance period).
    3. However, we are not obliged to supply any goods which are unavailable, even if we have entered a contract with you. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
  3. Right to cancel (“cooling off”)
    1. If you are a Consumer living in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our website.
    2. There is no right to cancel contracts for the supply of goods made to your specifications or which are clearly personalised. This generally applies to goods which we supply.
    3. You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.
    4. You lose the right to cancel contracts for the supply of digital content where this began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.
    5. If you do have the right to cancel, please see the instructions at the end of this document.
  4. Payment and price
    1. The price that you are given on the website is an estimate only. The exact price will be stated in the quote which we email you thereafter.
    2. Payment is in advance by the means explained on our website. If the order is less than £500 (or any alternative amount mentioned on our site at the time of your order), you must pay the full price in advance. Otherwise you must pay a deposit of 50% of the price. In either case, the payment must be made within the time for payment mentioned in the quote.
    3. If you paid a deposit, the remainder of the price will be payable within whatever balance payment period we mention in the quote and this will run from when we tell you that we are ready to start the production process. We will aim to do this within 14 days of your deposit payment subject to your full and prompt cooperation – see under timescales below. We will not start the production process until we receive your balance payment.
    4. If no relevant payment period is stated in the quote, then it is 14 days.
    5. If you don’t make any of the above payments on time, then the contract automatically ends (without refund) unless we agree to accept late payment.
    6. If you request more than five changes to the design, then we will charge a price “per tweak” as explained on our website. These fees must be paid within 7 days of invoice.
    7. You acknowledge that no payments are refundable except in accordance with any “cooling off” or other legal rights or if we have specifically said so in this agreement.
    8. Any applicable delivery costs for goods are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. NB Our charges do not include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.
    9. If we have mis-priced anything mistake, we are not bound by that price. Once we tell you, you can decide if you want to go ahead at the right price but, if you do not, we will provide a full refund of any payments already made.
    10. You must contact us immediately with full details if you dispute any payment.
    11. If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email).
  5. Discount codes
    1. We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
    2. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
  6. Our timescales for delivery
    1. For goods and digital content, unless otherwise stated on our website or in our quote, we will aim to deliver within the following estimated timescales:
      1. where you have paid the full price upfront (i.e. order is less than £500): within 28 days of payment;
      2. where you initially paid a deposit (i.e. order is £500 or more): within 28 days of our receiving your balance (i.e. the second payment).
    2. As regards the Snapchat service, we aim to set this up so that it is ready by the event date specified in the quote or otherwise agreed with you in writing.
    3. All timescales in this agreement are subject to your full and prompt co-operation including promptly providing us with all of the information we reasonably require and promptly responding to requests for approval during the design process. If any timescale is delayed because of your failure to comply, then that timescale is extended by the period of your delay.
  7. Delivery of goods
    1. Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates.
    2. Delivery is only to the countries we specify. We reserve the right to cancel any order from a country to which we do not deliver (even if there is a binding contract).
    3. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to immediately contact the courier to arrange re-delivery.
  8. Technical services
    1. You are responsible for providing accurate information to enable us to supply technical services including digital content and the Snapchat services (collectively called “Tech Services” below). For As regards the Snapchat service, this includes the timing and location of your events. As regards digital content, this includes screen size / resolution.
    2. You acknowledge that we supply digital content using certain standard file formats as specified on our website and/or quote. It is your responsibility to ensure that the format is compatible with the equipment on which it will be used.
    3. We do not guarantee that the Tech Services will be uninterrupted or error free.
    4. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. For example, we aren’t responsible if say the Snapchat filters don’t work because of poor internet reception in the venue.
  9. Intellectual property rights
    1. You remain the owner of the intellectual property rights in any material you provide to us in connection with service, e.g., photos. You authorise us to use this material in the way set out in this agreement. We are not responsible for loss or damage to this material and so we require that you do not provide us with any originals.
    2. We remain the owner of the intellectual property rights in any designs we create for you. However, provided you have paid our fee in full, we authorise you to use the designs however you wish provided this is for your personal use only and not for any commercial purpose. Also, you acknowledge that we retain the original design files (which enable the designs to be reproduced), unless otherwise specifically agreed with you.
    3. You acknowledge that we may use the designs we create for you to promote our own service, including on our website and on social media. We will not of course include any names or contact information.
  10. Liability
    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
    2. The following clauses apply only if you are a Consumer:
      1. We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
        • there is no breach of a legal duty owed to you by us or by any of our employees or agents;
        • such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
        • such loss or damage is caused by you, for example by not complying with this agreement; or
        • such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
      2. You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
    3. The following clauses apply only if you are not a Consumer:
      1. Our total aggregate liability of any kind (including for our own negligence) is limited to the price paid under the contract to which the liability relates.
      2. In no event (including for our own negligence) will we be liable for any:
        • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
        • loss of goodwill or reputation;
        • special, indirect or consequential losses; or
        • damage to or loss of data

        (even if we have been advised of the possibility of such losses).

    4. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
    5. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
    6. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
  11. Events outside our control
    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures or acts of nature such as adverse weather conditions.
  12. Privacy
    1. You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
  13. English law
    1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
  14. General
    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
  15. Complaints
    1. If you have any complaints, please contact us via the contact details shown below.
  16. Our information
    1. Name: Rajeev Shinh trading as “Cartoon Couple”
    2. Trading address: Suite 20 Neals Corner, Bath Road, Hounslow, Middlesex, TW3 3HJ
    3. Contact email address: [email protected]
    4. Other contact information: See our website.
    5. VAT number

RIGHT TO CANCEL (“COOLING OFF”)

The following applies if you have the legal right to cancel this contract (as explained above):

Right to cancel

  1. You have the right to cancel this contract within 14 days without giving any reason.
  2. If the contract includes the supply of goods, the cancellation period will expire after 14 days from the day:
    1. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or
    2. in the case of multiple goods ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
  3. If the contract does not include the supply of goods, the cancellation period will expire after 14 days from the day of the conclusion of the contract.
  4. To exercise the right to cancel, you must inform us Cartoon Couple Suite 20 Neals Corner, Bath Road, Hounslow, Middlesex, TW3 3HJ,(email address above), phone 07598 380145 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
  5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation – goods

  1. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
  2. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
  3. We will make the reimbursement without undue delay, and not later than:
    1. 14 days after the day we receive back from you any goods supplied, or
    2. (if earlier) 14 days after the day you provide evidence that you have returned the goods.
  4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
  5. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
  6. You will bear the direct cost of returning the goods.
  7. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Effects of cancellation – services / digital content

  1. If you cancel this contract, we will reimburse to you all payments received from you.
  2. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
  3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  4. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

MODEL CANCELLATION FORM

 

Complete and return this form only if you wish to cancel the contract:

 

— To Cartoon Couple, Suite 20 Neals Corner, Bath Road, Hounslow, Middlesex, TW3 3HJ, (email address above):

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

 

[*] Delete as appropriate