Terms and Conditions

Thanks for visiting Mirrorcool. We’ll do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your printed mirror.

Now for the legal bit…

1. Introduction

2. Trading details

3. Ordering from us

4. Supply and pricing of goods

5. Delivery

6. Returns and refunds

7. Use of the Website

8. General

9. Mirrorcool Reviews terms of use

1.    Introduction

These terms and conditions (the “Terms”) set out your rights and obligations, and those of Mirrorcool.art (“we” or “us”), in relation to this website, www.Mirrorcool.art (the “Website”), any Mirrorcool application that you access (the “App”) and any products, services and material of any kind available through the Site, the App or us (the “Services”).

When we refer to “Mirrorcool” in these Terms, we mean us, the Site, the App and/or the Services, according to the context.

By registering with Mirrorcool, you accept that you are entering into a contract with us under these Terms. People who register with Mirrorcool establish an “Account”, and become “Users”. Visitors to Mirrorcool who do not register with Mirrorcool, but who nevertheless use the Site or download the App, affirm that they are bound by these Terms each time they access Mirrorcool.

You must be at least 16 years of age to use this website or the app.

If you do not agree to these Terms, you must not use this Website or the App.

You should be aware that these Terms may change from time to time in accordance with section 13 below.

You will be able to access most areas of Mirrorcool without registering your details with us. Other areas, and the opportunity to place orders with us, are only open to you if you register. I agree to the Terms & Conditions and Privacy Notice, and I am 16 years or older.

2.     Trading details

Whenever you buy a product through this Website or the App, you will be contracting with Paul Miller t/a Mirrorcool, a sole trader in England and Wales.

3.     Ordering from us

3.1.  Product description

We use our reasonable endeavours to make sure that every product on Mirrorcool is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout.

3.2.  Placing your order

A contract for the purchase of a product is created as follows:

·       The User places the order on the Site or App by pressing an order confirmation button (“Checkout”) at the end of the checkout process: if the product in question includes content selected by the User it is a “personalised product”; if it is a standard product which does not include any content selected by the User it is a “non-personalised product”

·       By confirming your order, you are agreeing to purchase the product you have selected

·       At this point, we take payment for your order by means of your nominated payment method

·       We will send to you a “Thank you for your order” email detailing your order, and other information we must provide to you

From time to time, we may reject an order for the following reasons:

If, unfortunately, we do not have your chosen product in stock

·       Where we cannot obtain authorisation for your payment

·       If there has been a relevant pricing or product description error

·       If your order otherwise breaches any of the requirements of these Terms

·       The use of images for a personalised product which are corrupted, unsupported technically or inadequately pixelated

·       If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 3.4 below for our Content Rules)

·       We suspect that the order has been placed fraudulently

·       It appears that the order mistakenly duplicates another order

If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.

There are limited circumstances in which you may cancel an order after it has been made – see section 6 on this.

Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.

You must be at least 16 years of age to use this website or the app.

If you do not agree to these Terms, you must not use this website or the app.

3.3.  Personalising products

If you are uploading a photo, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will not accept it.

Definition: MirrorCool its partners or contractors will edit the image you have provided to remove the background leaving only the primary subject remaining.

Process: Editing is carried out using industry standard technology to ensure the best possible result, however from time to time there may be small sections of image which are densly pixelated or containing fine matter such as hair detail which will be cleaned within reason. If there are obstacles in front of the primary subject and these are removed during the editing process this will affect your final image. It is the responsibility of the customer to ensure the primary subject is not obscured. By continuing with your order you undertake take to accept this.

By uploading, posting, contributing or including any content or material in a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to Mirrorcool or the requirements of the product you have ordered (such as by cropping images).

3.4.  Content Rules

We do not permit personalised products to include any content or material which:

·       infringes anyone’s copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product

·       infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality

·       contravenes any applicable law (including, without limitation, any criminal law) or regulation

·       is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person

·       misrepresents identity or impersonates any person

·       includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person

·       contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group

·       may harass, upset, embarrass or alarm any person

·       gives the impression that it emanates from or has been approved by us

·       advocates, promotes or assists any unlawful act

The above are our Content Rules.

3.5.  Ordering multiple products

When ordering multiple products as part of the same order, Mirrorcool despatches each item separately via its courier and cannot guarantee delivery of multiple packages on the same day.

3.6.  Payment

At Mirrorcool, you can pay for your products using credit card, debit card or any other payment method which we make available to you at the time of your order.

In addition, some products can be paid for using “Prepay”.

4.     Supply and pricing of products

4.1.  Supply of Products

The mirrors and other products sold by us through our Website and the App are manufactured and shipped from a range of different in-house and third-party production facilities based in the United Kingdom, and overseas.

4.2.  Postage and packaging charges

For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage before you place your order. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.

4.3.  Substitute Products

Please note that if a product is unavailable, we may substitute it with an alternative product unless you request us not to do so.

5.     Delivery

During the order process, Mirrorcool will generally notify you of the despatch dates available and the expected timeframe for receiving your order; however, Mirrorcool does not guarantee delivery dates or times. We will make you aware of delivery charges (if any) before you place your order.

Expected delivery times and charges will differ depending on which products you order and your geographical location. More details are set out below.

5.1.  General dispatch information

The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.

·       Your order is likely to arrive much faster if you use a postcode

·       You can check that you have the correct postcode by using the Royal Mail’s postcode finder available at www.royalmail.com/find-a-postcode. We are not responsible for the accuracy of the Royal Mail’s postcode finder

·       It is your responsibility to ensure that the delivery address you provide for any order you place is correct

5.2.  Circumstances Beyond Our Control

Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.

6.     Returns and refunds

At Mirrorcool, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.

We have different rules for returns of (a) personalised products, and (b) non- personalised products – see “Returning products and issuing refunds” below.

6.1.  Circumstances Beyond Our Control

If for any reason you are not happy with your Mirrorcool order, please contact our Customer Service Team at contact@mirrorcool.art. You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems. Should it be necessary, we will then advise you how to return your item.

6.2.  Returning products and issuing refunds

Personalised products: Printed mirrors

Where an item is faulty, we will ask you to return it to us within three days of receipt. You can contact our Customer Service Team for a Freepost returns address. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.

If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.

Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size.

7.     Use of the Website

7.1.  Abuse of service

You agree not to use Mirrorcool directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules.

7.2.  Intellectual Property

All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website or App is protected by Mirrorcool’s or third party copyrights, trademarks, service marks, patents or other proprietary rights and laws. “Mirrorcool” is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.

You may use and access Mirrorcool to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Mirrorcool.

No-one may copy, distribute, show in public or create any derivative work from Mirrorcool, or any of the material which is found on Mirrorcool unless properly licensed in writing by us to do so. You are not allowed to use Mirrorcool (or to copy or use any material found on Mirrorcool) for any commercial purpose other than to conduct the purchase of a product from Mirrorcool.

No-one may use any robot, spider, scraper or other automated means to access Mirrorcool for any purpose without our prior express written permission.

7.3.  Website content and service access

We will always try to ensure that Mirrorcool is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

7.4.  Links

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.

7.5.  Liability

We use reasonable care and skill to provide products in accordance with our specifications for Mirrorcool but:

·       the Services are provided “as is”

·       we cannot and do not guarantee that Mirrorcool or the Services will meet your requirements

We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.

Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.

We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

·       for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption

·       any loss or corruption of data

·       any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising

Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website or App, or anything done while your Account is logged into the Website or App. 

7.6.  Suspension

We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Mirrorcool, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Mirrorcool if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.

In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

7.7.  Contact from third parties

If anyone contacts us in relation to you or your Account’s use of Mirrorcool or a transaction associated with you or your Account, then you agree:

·       to provide all reasonable information and assistance we may require in connection with responding to that contact

·       to respond promptly and accurately to it, should we pass the message to you for a response

8.     General

These Terms are intended to contain your entire agreement with us relating to the Services, the Website and the App.

If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.

Only you and Mirrorcool shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We reserve the right to change these Terms from time to time, and post the new version on Mirrorcool. The new version of these Terms will take effect:

·       commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you

·       immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you – examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, Mirrorcool, and (ii) the refinement of provisions that are already included or referred to in these Terms

In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Mirrorcool. For the avoidance of doubt, we will not have any liability to you in that event.

These Terms, the Services and 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.

We don’t separately file the Terms entered into by Users when they register for Mirrorcool. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.

9.     Mirrorcool Reviews terms of use

By submitting a review on Mirrorcool, you confirm and agree that:

·       You are the sole author of the review – none of it has been copied from elsewhere;

·       Your review is accurate and fair;

·       You are at least 18 years old; and

·       You grant Mirrorcool a perpetual, irrevocable, royalty-free, transferable right and licence to use copy and modify your review.

You also agree you will not submit a review:

·       That is known by you to be false, inaccurate or misleading;

·       That infringes anyone’s copyright, trade mark or other proprietary rights, or a duty owed to any person or entity, such as a duty of confidentiality;

·       That breaches any applicable law, or that advocates, promotes or assists any unlawful act

·       That is, or may reasonably be considered to be, offensive, abusive, threatening or defamatory;

·       That promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group

·       For which you were compensated or granted any consideration by any third party;

·       That references any other website or service;

·       That misrepresents identity or impersonates any person;

·       That includes any personally identifying information about any person, such as their name, address, phone number, or email address;

·       That is pornographic, obscene or indecent;

·       That may harass, upset, embarrass or alarm any person; or

·       That comments on any other reviewer

Mirrorcool reserves the right, in its absolute discretion, to:

·       Decline to publish a review; and

·       Remove a review for any reason

For any review that you submit, you grant Mirrorcool a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.

Mirrorcool reserves the right to change, condense or delete any review content that Mirrorcool deems, in its sole discretion, to breach these Terms of Use. Mirrorcool does not guarantee that you will have any ability to edit or delete any review you have submitted. You acknowledge that you, not Mirrorcool, are responsible for the contents of your review.

By submitting your email address in connection with your rating and review, you agree that Mirrorcool and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.

When we refer to “Mirrorcool” in these Terms, we mean Paul Miller t/a Mirrorcool, the www.Mirrorcool.art site, any Mirrorcool application that you access, according to the context.

 

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