Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Click! a company registered in England and Wales under number 13421519 whose registered office is at 85 Great Portland Street, London, W1W 7LT   with email address [email protected]; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the App/Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the App/Website if you are eligible to enter into a contract.

Interpretation

3. App means the iOS and Android app, Click!, on which the Goods are advertised;
4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
5. Content means the photos and/or videos you upload to the App/Website when placing your Order;
6. Contract means the legally binding agreement between you and us for the supply of the Goods;
7. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
8. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
9. Goods means the goods advertised on the App/Website that we supply to you of the number and description as set out in the Order;
10. Order means the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process set out on the App/Website;
11. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the App/Website;
12. Website means the website, www.clickco.app, and any sub-domains of this site unless expressly excluded by their own terms and conditions, on which the Goods are advertised.

Goods

13. The description of the Goods is as set out in the App/Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
14. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
15. All Goods which appear on the App/Website are subject to availability.
16. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

17. When registering to use the App/Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
18. We retain and use all information strictly under the Privacy Policy.
19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

20. The description of the Goods in our App/Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the App/Website, we can reject it for any reason, although we will try to tell you the reason without delay.
21. The Order process is set out on the App/Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
22. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
23. Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
24. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
25. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g., by giving you rights as a business.

Price and Payment

26. The price of the Goods and any additional delivery or other charges is that set out on the App/Website at the date of the Order or such other price as we may agree in writing.
27. Prices and charges include VAT at the rate applicable at the time of the Order.
28. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
29. The App/Website accepts payment in GBP, USD and EUR. Select your preferred currency at checkout.

Delivery

30. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
31. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.
32. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
33. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
34. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
35. If we accept an Order for delivery outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands, you may need to pay import duties or other taxes, as we will not pay them.
36. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
37. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we shall be under no obligation to refund the price and we may charge the reasonable costs of storing and redelivering them.
38. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

39. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
40. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

41. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
42. This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
    1. goods that are made to your specifications or are clearly personalised;
    2. goods which are liable to deteriorate or expire rapidly.
43. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
    1. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

44. You shall have the right to cancel an Order only in the following circumstances:
    1. If We have failed to deliver the Order within 28 working days after the date You placed the Order (provided that contact has been made by You within 60 days from that order being placed);
    2. In the case of Faulty Click! Goods at the earliest opportunity after You have discovered the fault or defect (provided that You shall be deemed to have inspected the Order as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).
45. If an Order is cancelled under the conditions in a or b above, We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question) 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. Notice of wish to cancel must be made by submitting a ticket via the contact form on our Website: https://clickco.app/contact.
46. Refunds cannot be given if the fault is a result of your own actions such as personalisation misspellings, incorrect or incomplete address details provided or incorrect recipient contact details provided, or if you have uploaded an image of a low resolution or size. No compensation will be considered where courier delivery attempts failed due to the recipient not being home or contactable.
47. For the avoidance of doubt, save in respect of faulty or defective Goods, nothing in these Terms and Conditions shall give You rights of cancellation in regard to the Goods, which, by their nature, have been made to Your specification or clearly personalised.
48. You must return any Order to Us in its original packaging (which You should retain for this purpose). Nothing in this clause affects your statutory rights.
49. Under the General Data Protection Regulation (GDPR), customers have the right to delete their account removing all personal data that Click! holds to fulfil an order (for details please see Privacy Policy). If a customer has deleted their account, we are unable to refund you for an order, as there will be no trace of the order on our system.

Deduction for Goods supplied

50. 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 (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

51. 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.
52. 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.
53. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

54. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
55. Upon delivery, the Goods will:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.
56. It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

57. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

58. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

59. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
60. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://clickco.app/privacy-policy) and cookies policy ().
61. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. ‘GDPR’ means the UK General Data Protection Regulation.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
62. We are a Data Controller of the Personal Data we Process in providing Goods to you.
63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
64. For any enquiries or complaints regarding data privacy, you can contact us by submitting a ticket via the contact form on our Website: https://clickco.app/contact.

Excluding liability

65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Property rights and rights of use

66. You are prohibited from posting or transmitting to or from the App/Website any material:
    1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
    2. For which you have not obtained all necessary licences and/or approvals;
    3. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
    4. Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of technologically harmful data).
    5. You may not misuse the App/Website in any way (including, without limitation, hacking into the App/Website) or interfere with any other person’s use and enjoyment of the App/Website or attempt to gain unauthorised access to the App/Website, the server on which the App/Website is stored or any server, computer or database connected to the App/Website. You must not attack the App/Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
67. We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the App/Website by you, your use of the App/Website may be suspended or terminated by us.
68. We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above clauses.
69. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, then please contact us straight away.

Representations and warranties

70. You represent and warrant that you are the owner of the Content which you submit and that the Content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property right, intellectual property rights or other rights in relation to any Content or any parts of the Content.

Indemnity

71. You agree to indemnify us against all liabilities, claims and expenses that may arise out of or in connection with any breach by you of these Terms and Conditions or through your Click! account.

Termination

72. We may remove the App/Website or cease the provision of any of the services available through the App/Website at any time in our sole discretion for any reason whatsoever.
73. We may terminate your access to the App/Website for any reason at our sole discretion at any time with or without notice.

Governing law, jurisdiction and complaints

74. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
75. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in any jurisdiction outside of England and Wales, in the courts of the given jurisdiction.
76. We try to avoid any dispute, so we deal with complaints in the following way: If you have any concerns you can make complaint by submitting a ticket via the contact form on our Website: https://clickco.app/contact and we will endeavour to respond within 2 working days.