Last Update: 5th May 2021

Terms and Conditions

Read carefully. These govern your access and use of avsimagedesigns.co.uk website(s) as well as the provision and sale of products and services by Avs Image Designs and/or its affiliates and/or fulfillment providers. By accessing or using this Site and its related content, or any other Avs Image Designs service, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use. Every offer of an Avs Image Designs product and/or service on our Site as well as every transaction, order, and agreement that is concluded through our Site is governed by our Terms of Use. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Avs Image Designs has not specifically rejected them. Avs Image Designs reserves the right to make changes to this Site and these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. You agree that we may provide all legal communications and notices to you electronically by posting them on this Site, by sending an e-mail to the e-mail address you provided to us when you registered at this Site. You may withdraw your consent to receive communications from us electronically by contacting us.

Graphic Design Service additional terms | Design & Print Service additional terms Website Service additional terms

Terms of Sale

Before you can place an order online, you must have an Avs Image Designs account which is created by completing the registration form on the Site. The customer will at all times be responsible for every use of the account. Avs Image Designs has the right to refuse any request made by you and to close your Avs Image Designs account immediately in the event of any breach of these Terms. All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Avs Image Designs is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.

Copyrighted Materials

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Avs Image Designs or the copyrighted property of parties from whom Avs Image Designs has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Avs Image Designs reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Avs Image Designs remain the property of Avs Image Designs and its licensors. The design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Avs Image Designs reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other Avs Image Designs customers may use the design tools to create designs that have similar or identical combinations of these elements and Avs Image Designs does not guarantee that your design will not have similarities to designs designed and used by other parties. Avs Image Designs provides no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark, or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Avs Image Designs (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Avs Image Designs does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Avs Image Designs. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property rights of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious, or otherwise objectionable. Avs Image Designs reserves the right, in Avs Image Designs’ sole discretion, to refuse to accept any content provided by you to Avs Image Designs or to process any order at any time and for any reason. Avs Image Designs also may terminate its service to and/or the accounts of customers found to be using Avs Image Designs to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Avs Image Designs shall have no liability of any kind to you or any third party arising from such refusal or termination. You are solely responsible for your use of Content in combination with any other images, graphics, text, or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity, or privacy, and will not libel or defame any third party and that you have all required rights or permissions necessary to incorporate third party material into your Products, including any third party material made available via a third party design service which may be accessed via the Site. By placing an order on this Site, you warrant that you have all necessary permission, right, and authority to place the order and you authorize Avs Image Designs to produce the Products on your behalf. You grant Avs Image Designs the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded to fulfill your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Avs Image Designs to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content to fulfill your order and/or marketing products or services to you. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Transfer

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Withdrawal

The legal right to withdraw from the agreement with us (also called the legal right to cancel the order) within 14 days does not apply to the order of a customized Product. With any of the non-customized Products you have ordered from the Site and those products or services do not attribute to your commercial or practical practice, you have a period of 14 days to withdraw from the agreement with us without giving any reason. The withdrawal period of 14 days will expire after 14 days from the day on which you receive the Products, namely physical possession of the last good. To exercise the right of withdrawal you must contact us.

INDEMNIFICATION

You agree that you shall indemnify Avs Image Designs and all parties from whom Avs Image Designs has licensed portions of Content, founder, and employees, against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Avs Image Designs or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

Disclaimer

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE, AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for Avs Image Designs to do so. If those consumer guarantees apply to you, and Avs Image Designs cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Avs Image Designs: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Avs Image Designs to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. Avs Image Designs’ Satisfaction Guarantee is valid for 10 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Avs Image Designs’ control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation, or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes before placing your order.

Liability

IN NO EVENT SHALL Avs Image Designs OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE FOUNDERS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Avs Image Designs HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM Avs Image Designs OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL Avs Image Designs BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH A CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Feedback

Any comments, suggestions, proposals, or other feedback (collectively “Feedback Information”) provided to Avs Image Designs in connection with the operation or content of this Site shall be provided by the submitter and received by Avs Image Designs on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Avs Image Designs. By submitting any such information to Avs Image Designs, you agree that you are transferring and assigning, at no charge, all of your rights, title, and interest in the information, including all copyrights and other intellectual property rights. You agree that Avs Image Designs shall be free to use such information on an unrestricted basis.

Privacy

Avs Image Designs has set out in its Cookies and Privacy Policy how we collect, use, disclose, store and protection the information that you submit to us during the use of our Site. This Cookies and Privacy Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

Miscellaneous

You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow the enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.

Law

The party you are contracting with and the seller of the products and services offered and sold on this Site is Avs Image Designs, a sole trader under the laws of Scotland, the United Kingdom with its headquarters in Falkirk, Scotland. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Scotland, United Kingdom. All other matters relating to your access to or use of this Site shall be governed by the laws of Scotland, United Kingdom. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Livingston, Scotland. You agree to submit to the jurisdiction of courts sitting in Livingston, Scotland, and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you do not assert, in any legal action or proceeding involving Avs Image Designs, that a court sitting in Livingston, Scotland is an inconvenient forum for such legal action or proceeding. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Avs Image Designs, and Avs Image Designs’ suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

Cookies and Privacy Policy

We value your privacy and appreciate that you trust us to protect that information. This Privacy and Policy explains what information we collect from you, why we collect it, and how we protect it. It also summarises your rights and tells you how you can exercise those rights, including by contacting us. However, this policy does not apply to information about you collected by third-party websites that may post links or advertisements on or otherwise be accessible from our website. The information collected by these third-party websites is subject to their privacy policies.

Who We Are

The party referred to as “we” or “our” in this Privacy and Cookie Policy is Avs Image Designs, located at Falkirk, Scotland, UK. If you have a general question about the website or would like to update your marketing preference or make changes to your information, please contact us.

Information Collected

This section of our Privacy Policy describes the categories of information collected by Avs Image Designs, whether collected automatically or provided voluntarily by you.

Information collected automatically:

Your IP address, the internet browser, and device you use, data passed through applications you may download via our website, the date and time you visit, and how you use our website and access its content if you place any orders, your purchase, and payment history. If you are a registered Avs Image Designs customer, we link this automatically collected data to the other information we collect about you described below. We use this information for a variety of purposes described below.

Information you provide when you create an account or make a purchase:

Name, contact details (such as e-mail address, physical address, telephone numbers)

Information you provide when you personalize a product

When you personalize a product on our website, you may provide text or images that contain personal information, such as contact details on a business card.

Information you provide if you write a review, enter a contest, or contact us

If you provide any additional personal information when reviewing a product, our processing of all such information is governed by the applicable terms and conditions. Please note that reviews posted on our website are public, so only include information you are comfortable being shared publicly. When you enter a contest or prize drawing, you may share information about and we may publicly disclose that information if you are the winner. You may also provide personal information when you contact us. You have the option not to provide personal information. However, doing so may prevent you from using some of our website features or placing orders for our products. Similarly, if you decline to let us place certain cookies on your device, our website will only have limited functionality (see more information about cookies below). The website is not meant for use by children under the age of sixteen and children under that age are prohibited from creating an account or otherwise providing their personal information.

Why collect Information

We use the information that we collect about you for the following purposes: fulfill your order and provide related customer service; maintain, improve, and administer our website, inform you about products and services that might be of interest to you, provide co-branded offers with our partners, improve or personalize your online experience, our services, and our communications with you, identify and prevent fraud, enhance the security of our network and information systems, better understand how visitors use our website, and to determine the effectiveness of promotional campaigns and advertising.

Access to Information

We limit access to your information to employees who have a need to use the information and are obligated to protect that information and keep it confidential. We may also provide the information we collect about you to other companies, who may process the information on our behalf, including companies that assist us with: Fulfilling or delivering your order, Storing and securing data, Processing payments, Marketing, analytics, and fraud detection activities; or, Customer service. We may also share the information as required or permitted by law, such as when we believe such disclosure is appropriate to cooperate with an investigation of activities claimed to be unlawful, to enforce our Terms of Use, or to protect our rights or property or those of others. Finally, we may provide your information to one or more third parties in the event of a merger, acquisition, or corporate reorganization involving us.

Stored Information Duration

We only retain your personal information for as long as is necessary for the purpose for which it is provided or because we are legally required to do so.

Rights to Access and Control of Information

You have the right to access your personal information, unsubscribe from marketing or withdraw any specific consents you gave us, request a copy of the personal information that is being processed by us, have errors in your personal information corrected, have your personal information deleted (or altered so that you are not identifiable) or to restrict how we use your information – but in either case, only under specific circumstances prescribed by law, lodge a complaint with your local data protection authority

Exercising Rights

You can contact us to exercise any of the rights listed above. You may also exercise some of those rights on your own. Finally, you can also make your request by writing to [address coming soon]. Please provide your name, e-mail address, mailing address, and telephone number(s), and your specific request. Even if you choose to be placed on the Do-Not-E-mail, Do-Not-Call, and/or Do-Not-Mail lists, we may still communicate with you using any of these methods regarding your orders, your account, or other administrative purposes.

Protected Information

We maintain physical, electronic, and procedural safeguards designed to help us protect your personal information. For example, we use Secure Socket Layer (SSL) technology to encrypt information when you purchase products through our website. When you establish an account at Avs Image Designs, you choose a password to help protect your account information. You should select a strong password and keep it safe. You may change the password as often as you wish.

What and Why we use Cookies

Cookies are small data files that often include a unique identifier that is stored on your device when you visit certain web pages. Cookies are useful because they allow a website to recognize a user’s device. Like most websites, our website uses cookies that, among other things, let you navigate between pages efficiently, and generally improve your experience on our website. To ensure you get the most enjoyable experience out of using our website, as well as the full use of online shopping and personalized features, your computer, tablet, or mobile device (“device”) will need to accept cookies. We also work with selected companies who may also set cookies on your device during your visit to our website. They use the information collected from their cookies to serve ads to you on different products and services. They may also use cookies to track your response to their advertisements, to measure the effectiveness of their advertising, or to award incentives or points to their members who respond to their ads. If you don’t accept cookies, some functions on our website will not work.

Cookies We Use

Our website uses the following types of cookies:

Strictly necessary cookies

These cookies provide the services that you have specifically asked for on our website and are essential to enable you to move around our website and use its features, such as check-out and product purchase.

Performance cookies

These cookies collect anonymous information on the pages visited. They collect information about how visitors use the website, for instance, which pages visitors go to most often, and if they get error messages from web pages. They don’t collect information that identifies a visitor and are only used to improve how the website works.

Functionality cookies

These cookies allow our website to remember choices you make (such as your user name, language, or the region you are in) and provide enhanced, more personal features, including access to your portfolio of products you have designed or order through us.

Advertising cookies

These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement and help measure the effectiveness of an advertising campaign. These cookies are usually from third parties.

Third-Party Cookies

When you use our website, you may notice content provided by a company other than us. Also, if you ‘share’ Avs Image Designs content with friends through social networks, such as Facebook and Twitter, you may be sent cookies from these social networks.

We have no access to or control over cookies used by these companies or third-party websites. We suggest you check the third-party websites for more information about their cookies and how to manage them.

Manage Cookies

Cookies allow you to take advantage of some of our website’s essential features and we recommend you leave them turned on. Please be aware that if you disable or delete certain cookies our website will not work properly. The Help menu on the menu bar of most browsers will tell you how to enable or prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. If you’d like to opt-out of cookies created by ‘sharing’ Avs Image Designs content through social networks – such as Facebook and Twitter – we suggest you check those third-party websites for more information about their cookies and how to manage them. If you want to know more about Third Party Cookies and to opt-out of them if you wish – see www.allaboutcookies.org

Privacy and Cookie Changes

Avs Image Designs may revise this Privacy and Cookie Policy from time to time by posting a revised Privacy and Cookie Policy on our website. We reserve the right to modify this policy at any time, so please review it frequently.

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