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Terms Of Use

OVERVIEW

This website is operated by MKcaricatures. Throughout the site, the terms “we”, “us” and “our” refer to MKcaricatures. MKcaricatures offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Please remember that a caricature (with regards to MKcaricatures) is a simplified interpretation of a person. The idea is for you to be able to identify who it is but it's equally important to remember that it's not meant to be an exact representation of that person. Please see examples on our website. The caricature will be a reflection of the photo you upload so if the photo is pixelated, cropped, taken in dark or coloured lighting, we will do the best we can but the final outcome will be relative to the quality of the photo.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not completely accurate or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

 

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

 

Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

 

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

 

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be error-free, it is your responsibility to check for spelling error before the artwork is sent to print.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Standout Stationery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless MKcaricatures and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - PAYMENTS

1. Accepted payment methods: BACs, Debit/Credit Card. We do NOT accept cheque payments.

2. Your order is only confirmed when the deposit has been paid once the deposit has been paid unless agreed otherwise.

3. Your order/booking may be cancelled is the deposit payment is not made within 7 days of issue.

4. The remaining balance must be paid when the artwork is completed. We will only post the artwork once the balance payment has been received.

 

Late balance payments

5. If you fail to make the balance payment by the date shown on the invoice, this will lead to a delay in delivery of items. If you have selected a payment plan for your order, you must ensure that all payments are made on the dates agreed. If you realise that you may miss a payment for any reason, please let us know as soon as possible and we can agree on an alternative date when possible. If you miss a payment without letting us know, you will be sent a reminder and must make the payment within 3 days to avoid a late payment penalty. The late payment penalty charge on payment plans is £2 per day. The total penalty fee will be added to your next payment in the plan.

6. In the rare situation where we post you order before the balance payment is received, you must arrange payment by the date stated on the invoice. If you have received the items but fail to make the balance payment by the date outlined on the invoice, a daily late payment charge will be applied. The late payment penalty charge for balance payments is £5 per day.

 

SECTION 17 – CANCELLATIONS

If the you decides to cancel the agreement after the deposit has been paid, that will be a direct breach of the agreement therefore your deposit will not be reimbursed. You may also be required to pay an additional cancellation fee. The amount will depend on the amount of work produced prior to cancellation.

Place cards, guest caricature seating plans, guest caricature seating plans, Group caricatures

  • If more than 10% of the work has been completed at the the time of cancellation, the client will be required to pay a cancellation fee amounting to 20% of the balance. If more than 50% of the work has been completed at the the time of cancellation, the client will be required to pay a cancellation fee amounting to 50% of the balance. If more than 75% of the work has been completed at the the time of cancellation, the client will be required to pay the full balance.

Signboard, Full body caricature seating plans, Cardboard cutouts, Caricatures from Photos, Greeting cards and invitations.

  • If cancellation happens at the line sketch stage, you must pay a fee amounting to 40% remaining balance. If cancellation happens at the painting stage, you will still be required to pay the full remaining balance.

  • You are entitled to 1 free rounds of changes after final artwork has been painted. Any additional round of changes will be charged at £5 per round. If you decides to change the terms of the commission which as a result requires the artist to start again, you may be required to pay a cancellation fee for the original order depending on how much work had been completed. You will also be required to pay a new deposit for the new artwork.

 

Caricature Mugs

  •  . If cancellation happens at the artwork has been completed, you must pay a fee amounting to 50% of the remaining balance. If cancellation happens after the artwork has been sent to print the client will still be required to pay the full remaining balance.

 

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

 

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.mkcaricatures.com

PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, city/ or town, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. 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.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

 

When you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, email address and phone number. We refer to this information as “Order Information”.

Additionally when you sign up for a member account, we collect certain information from you, including your name and email address. If you sign up using your Facebook account, your Facebook profile photo will be visible to Standout Stationery but not to other users. We refer to this information as "Member information".

When you enter a competition, we collect certain information including your name, email address and in some cases the names and emails of other people in relation to the competition. If you win a competition, We may request additional information such as delivery address and phone number. We refer to this information as competition information.

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

HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfil any orders placed through the Site (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 you have requested.

 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

We use the Member Information that we collect  Communicate with you and enable us to give you access to member only pages.

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

We use the Competition Information that we collect  to Communicate with you about your participation in our competitions. We will also use this information contact you if you win a competition and arrange shipping if physical delivery of prizes is required.

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

We will contact you by email if your nomination wins one of the phases.  

When we contact you, we will request a clear photo of the person you have nominated. When the drawing is finished we will email it to you as a JPEG file which you can print or forward on to your hero with our regards.

Please note that you will need to send us the photo within 3 days so that we can complete all artwork before the next phase of nominations. If you fail to email us a photo within 3 days, we will not be able to complete the drawing and therefore you will not be able to claim your prize.


We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Wix to power our online store--you can read more about how Wix uses your Personal Information here: https://www.wix.com/about/privacy.

 

We also use Google Analytics to help us understand how our customers use the Site.  

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.

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

 

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 Site’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 Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION
When you place an order through the Site, 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.

 

Shipping Policy

Caricatures from photos

Our standard production and delivery time is 5 - 10 working depending on the service. We offer an express service for orders required sooner than our standard time. This service is subject to availability. The Express service cost 20% of the total order order price. For example, if you wanted to order a caricature that costs £10 on the standard service, it would cost you an extra £2 to upgrade to express.

 

All items are sent as special delivery and will need someone to receive and sign for them.
Details on delivery time varies but exact details will be agreed when you place your order.

Stationery

We aim to have everything completed and ready to post 14 days before the event when possible. This means thats everything will be at your doorstep 7 – 10 days before the event. For deliveries outside of the UK, We will aim to complete everything 21 days before the event when possible to give us enough time to get everything to you at least 10 - 14 days before the event.

 

All items are sent as special delivery and will need someone to receive and sign for them.
Details on delivery time varies but exact details will be agreed when you place your order.

 

Refund Policy

Deposits

The deposit is non-refundable after 7 days**

We will only refund up to 50% of the deposit in extreme situations such as severe health related situations, national or global financial crisis. In such a situation, you may expect payment to be refunded within 2 weeks - 6 months depending on the severity of the crisis.**

The client may alternatively exchange 70% of the paid amount for store credit to be used at www.standoutstationery.com and www.MKcaricatures.com.

Balance payments

The artwork we produce will be sent to you digitally so you can approve it before we print it. Once you approve the artwork, we will send you the balance invoice which must be paid before we post the items. We cannot issue full or partial refunds for work that has been approved and delivered. 

 

If the items  arrive in a damaged or faulty state, we will replace the damaged goods if you can provide photographic evidence of the damage.

If you need to post items back to us, the return address can always be found at the back of the package. You should notify us when you have posted a faulty/damaged items.

CONTACT US
For more information about our policies, please contact us by e‑mail at ask@mkcaricatures.com or call Michael on 07949922165.

 
 
 
 
Contact Details

Tel: +44 1733 358233

Mob: +44 7949 922165

Email: ask@mkcaricatures.com

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