BACKGROUND: 

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Welcome to Ink Bound, a company specialising in printing bespoke designs onto transfer paper for use as temporary tattoos. These Terms and Conditions (the “Terms”) set out the terms on which InkBound Limited of 5 Beechwood Gardens, Ilford, England, IG5 0AE  (“InkBound/we/us/our”) provides its image printing services to you via  our Ink Bound Tattoo Shop website (the “website”). 

 

Please read these Terms carefully and ensure that you understand them before using the website or ordering any products on it.  By  using the website you agree to these Terms. You will also be required to read and accept these Terms when placing any order via the website. If you do not agree to these Terms, you must not use the website.

 

We may change and update these Terms at any time. You are responsible for informing yourself of any changes by regularly reviewing these Terms. Your continued use of the website constitutes your agreement to the latest version of the Terms. 

 

 

1. Access to the Website

 

a.  Access to the Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice. Except in respect of our obligations to fulfil any orders placed and paid for, we will not be liable to you in any way if the Website (or any part of it) is discontinued or unavailable at any time and for any period.

 

​b.  Use of the Website may be subject to additional terms and policies. Where this is the case, please ensure that you have read such terms and policies carefully and that you understand them.

 

 

2. Placing an Order

 

a.  ​If you would like to place an order, our Website will guide you through the order process. We cannot guarantee that all of the images we print are appropriate for minors. If you are under the age of 18, you must obtain your parent or guardian’s permission before placing an order via our Website.

 

b.  Unless otherwise agreed, we only supply goods for domestic and private use by consumers. We do not accept high volume orders and any limit on the number of images you may order via our Website will be communicated to you during the order process.

 

​c.  Only once we have sent you an email confirmation of your order will there be a legally binding contract between us and these Terms are part of it,

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d. ​ All our tattoos are printed onto TheMagicTouch® Tattoo Transfer Paper which is applied to the skin and may be removed by washing with soap and water. This is an odourless waterleaf paper coated with starch, dextrin and ethylcellulose and is not believed to be an irritant or to cause skin irritation or sensitization. All our tattoos are supplied in a kit format which includes a make up solution (Finishing Serum) which can be used when applying the tattoo to skin.  You should always follow the allergy testing procedure (including the allergy testing time frames) as detailed in the kit prior to applying the tattoo.  You use our tattoo transfers solely at your own risk. To the fullest extent permissible by law, we accept no responsibility or liability for any adverse consequences of such use.

 

e. We shall not be liable in any way whatsoever, for any failure of our products to comply with their description on our Website if such defect arises as a result of you not following our written instructions provided in the kit for both (i) allergy testing and (ii) storage, application and use of the tattoo.

 

3. Pricing and Payment

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a.  All prices stated on the Website are displayed in British Pounds Sterling and exclude any applicable VAT. Delivery options and related tax or other charges will be presented to you as part of the order process where these apply.

 

b.  Payment and related delivery charges must always be made in advance of printing and  dispatch.

 

c.  Payments must be made via PayPal in accordance with the details provided during the order process. By making payment, you confirm that you are the account holder or have the requisite authority to perform payments using that payment method and that there are sufficient funds or credit available to complete the payment.

 

d.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.

 

 

4. Delivery and Risk

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a.  Orders will normally be delivered on the dates specified in our order confirmation but please note that delivery dates are approximate and time of delivery is not guaranteed.

 

b.  Delivery shall be deemed complete once we have delivered your order to the address you have provided for delivery. If you supply us with incorrect or incomplete delivery information, we accept no responsibility for items not received.

 

c.  Ownership of your goods passes to you once we have received payment in full of all sums due (including any applicable tax and delivery charges) for them.

 

 

5. Cancellation

 

a.  Please note that, since orders are personalised and custom-made by us, users do not have any right to a 14-day cancellation period once an order has been placed (known as a “cooling-off period”). 

 

b.  Unless you receive an order that is not as described, or is faulty or damaged when you receive it, you have no right to return, exchange or obtain a refund for goods ordered. If you have purchased goods for an unsuitable purpose that is neither obvious nor made known to us, or if any problem with your order is the result of normal wear and tear, misuse or intentional or careless damage, you will not be entitled to any refund or replacement. We take no responsibility for poor quality images where such images were originally supplied by you.

 

c.  In the unlikely event that we are unable to fulfil an accepted order for any reason, we will notify you of this immediately and any sums paid by you will be refunded to you as soon as possible (and in any event within 14 days).

 

 

6. Use of the Website

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a.  You may only use the Website in a manner that is lawful and that complies with the provisions of this Section 6.  Specifically, you must:

 

i.   ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;

ii.  not use the Website in any way, or for any purpose, that is unlawful or fraudulent;

iii. not use the Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

iv. not use the Website in any way, or for any purpose, that is intended to harm any person or persons in any way.

 

 

7. Intellectual Property on the Website

 

a.  Unless otherwise indicated, we own, control or reserve all rights (including all copyright, patents, trademarks, service marks), trade names and designs (whether registered or unregistered) in and to all information, text, material, photographs, illustrations, logos, images, graphics, advertisements, software code and data appearing on or forming part of the Website (the "Website Property").

 

b.  You must not, without our express prior written permission or the permission of any other relevant rights holder in each instance, modify, copy, reproduce, republish, frame, sell, license, upload to a third party, post, transmit, distribute, adapt or change in any way or create a derivative work from, exploit or in any other manner re-use the Website Property except as expressly provided for within these Terms.

 

 

8. Images

 

a.  As part of the order process, you may choose to upload your own photograph, graphic or image for printing. You are solely responsible for the quality of any images submitted to us for printing and for complying with any technical image upload or quality specifications communicated to you during the order process. 

 

b.  We are not responsible for verifying the title to or rights ownership in any images provided to us by users for printing. By submitting your own image for printing, you represent and warrant that: 

i.   you own the image or otherwise have the right to grant the rights and licenses set out in these Terms;

ii.  the use of your image does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; 

iii.  you have the explicit consent of any person or the owner of any property depicted or appearing in the image to use the image in accordance with these Terms; and

iv. the image will comply with our content standards as set out below in Section 9.

 

 

c.  We reserve the right to reject any orders where we know without any doubt and with absolute certainty that the user does not own the relevant rights or have permission to use the image, photograph or graphic they have requested us to print and we know without any doubt and with absolute certainty that the image is not available anywhere online globally that would grant the user the permission they need. Where reasonable doubt exists due to the vast World Wide Web resource or the users personal circumstances or possible connection to the image owner / organisation we refer to section 8b.

 

d.  You grant us an irrevocable, perpetual, fully paid and royalty-free, transferable, sub-licensable license to any image that you upload on or via the Website, to reproduce, print, distribute, sub-license, modify, edit, adapt, create derivative works of, publicly display, transmit or otherwise exploit such image solely for the purpose of the services we provide. For the avoidance of doubt, the licence under this Section 8(d) does not permit us commercially to exploit any content submitted by you by creating and selling our own products bearing that content, unless you have given us your consent to do this.

 

e.  We have the right to disclose your identity to any third party who is claiming that any content uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. You agree to provide us with all information and assistance we may reasonably require in response to any communication from a third party alleging that their rights have been infringed by any image uploaded by you.

 

 

9. Content Standards

 

a. Any images, graphics, photographs or other material you submit to us for printing must not:

 

i.   Contain any material which is defamatory of any person.

ii.  Contain any material which is obscene, offensive, hateful or inflammatory.

iii.  Promote sexually explicit material or violence.

iv.  Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

v.   Infringe any copyright, trade mark or other intellectual property rights belonging to any other person.

vi.  Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

vii. Contain any personally identifiable information about another person, such as their name or contact details (unless you have their express consent).

viii. Promote any illegal activity.

ix.  Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

x.  Be likely to harass, upset, embarrass, alarm or annoy any other person.

xi.  Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

 

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10. Breach

 

a.  We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Website. When a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

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i.  immediate, temporary or permanent withdrawal of your your right to use our Website.

ii. Suspend or cancel any order you have placed.

iii. Issue of a warning to you.

iv. Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting

    from the breach.

v.  Further legal action against you.

vi. Disclosure of such information to law enforcement authorities as we reasonably feel is

    necessary.

 

 

11. Disclaimer

 

We want you to be satisfied with your order and so we promise that our products are of satisfactory quality, free from significant defects and are the same in all material respects as their description. We have made every reasonable effort to ensure that our goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature. We don’t, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. Whilst we make every effort to match the style, colour and positioning of each item ordered, we do not guarantee an exact match and we accept no responsibility or liability for minor variations in the end product compared with any pre-contract information provided. We also reserve the right to make changes to images where necessary, such as where necessary for the purposes of cropping, compression and format conversion.

 

 

12. Indemnity

 

You agree to indemnify and hold harmless Ink Bound Limited, our affiliates and respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) incurred or suffered by us or the aforementioned parties as a direct or indirect consequence of your use of the Website, any products ordered via the Website, or your subsequent use thereof. This includes, without limitation, any loss incurred by virtue of any allegation that the use, license, printing or sale of any content provided by you to us as contemplated by these Terms, infringes the intellectual property rights of any other person.

 

 

13. Our Liability

 

a. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any products we provide or sell via the Website.

 

b. To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or in connection with the use of or reliance upon any of products ordered via the Website.

 

c.  We will not be legally responsible to you for failure or delay in carrying out our obligations which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable.

 

d.  Nothing in these Terms limits or excludes any party’s liability for death or personal injury, fraudulent misrepresentation, or any other liability that cannot be excluded by law.

 

 

14. Privacy

 

1. Any and all identifiable information provided or uploaded to us by you (including your name and contact details) will be collected, used, and held in accordance with your rights and our obligations under the Data Protection Act 1998

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15. General

 

a.  These Terms constitute the entire agreement between Ink Bound Limited and you, and supersede all previous terms.

 

b.  If any provision of these Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

 

c.  Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

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d.  Unless expressly provided otherwise, these Terms are between you and us. They are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.

 

e.  We do not warrant that the version of the Website that operates in the United Kingdom complies with the laws of any country outside of the United Kingdom. If you access and use the Website from outside of the United Kingdom, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent use made of the Website.

 

f.  These Terms are governed by and construed in accordance with the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to hear any disputes or claims relating to or arising out of or in connection with these Terms or use of the Website.

 

 

GDPR

 

​InkBound Ltd Privacy Policy

 

​This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.inkbound.co.uk (the “Website”).

 

​PERSONAL INFORMATION WE COLLECT

 

When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically-collected information as “Device Information.”

 

​We collect Device Information using the following technologies:

 

    - “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

 

​When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

 

​HOW DO WE USE YOUR PERSONAL INFORMATION?

 

​We use the Order Information that we collect generally to fulfil any orders placed through the Website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:

Communicate with you;

Screen our orders for potential risk or fraud; and

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

 

We also use Google Analytics to help us understand how our customers use the Website--you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

 

BEHAVIOURAL ADVERTISING

 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

 

DO NOT TRACK

Please note that we do not alter our Website's data collection and use practices when we see a Do Not Track signal from your browser.

 

YOUR RIGHTS

 

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

 

Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Website), or otherwise to pursue our legitimate business interests listed above.

 

DATA RETENTION

 

When you place an order through the Website, we will maintain your Order Information for our records unless and until you ask us to delete this information.

 

CHANGES

 

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

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CONTACT US

 

For more information about our privacy practices, if you have questions, for technical support or if you would like to make a complaint, please contact us by e-mail at info@inkbound.co.uk

 

Copyright © 2021 Ink Bound Limited. All rights reserved.