Terms & Conditions
These terms and conditions (together with the information and policies contained in the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of the website Remarkbly.com (the "Website" or "Site") and the purchase of personalisation services from Platforme International Limited via the remarkbly.com website or Private Shopping services hired by you.
Your purchase of any of the personalisation services offered on the Site (“Personalisation Services”) is subject to these terms and conditions and by placing an order for any personalisation service you agree to be bound by them. Use of your personal information submitted via the Site is governed by our Privacy and Cookies Policy.
We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us.
ACCESS TO THE SITE
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a login ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your login ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any login ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
OPERATION OF WEBSITE AND SERVICES AND PRODUCT
Operation of Website and delivery of Services
The Website is owned by Platforme International Limited. Platforme International Limited has subcontracted the operation of certain aspects of the Website to Squarespace. As such, Squarespace provides and/or procures certain services on behalf of Platforme International Limited to enable the operation of the Website and for you to search through the Website and purchase products from Platforme International Limited. Such Services include, but are not limited to, payment processing, customer service and hosting.
Please note that the delivery logistics service is being provided by DHL to you, the customer, and as such you are entering into a contract for delivery services provided by DHL. DHL may make a charge for these services which will be shown in at prior to checkout and your purchase of the products.
The Personalisation services are owned and sold on the Website by Platforme International Limited. Platforme International Limited attempts to be as accurate as possible in the description of the Personalisation services. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions will affect these legal rights.
The personalisation services sold are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. Platforme International Limited doesn’t have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Any information on the Site regarding sizing of Personalisation Services is included as a guide only. If you have in any doubts as to the size of any Product you require, we recommend that you contact us prior to placing an order by email at email@example.com.
You may choose the type of personalisation by filling out an order form https://remarkbly.typeform.com/to/OicVaS, through Remarkbly.com or through an assigned Private Shopping service. At your request, the artist will prepare a mock-up of the artwork which must be approved by you. Once the artwork is approved by you, it cannot be altered. In some instances additional charges for mock-ups are required
After you approve the artwork and the payment is received by the Private Shopping Service or by Remarkbly, the item to be personalised is sent to the artist.
Our shipping partner DHL will collect your product at the address indicated by you. The product is subject to quality control before being sent to the artist.
Once the product is personalised, Remarkbly conducts a thorough quality control process before finally sending it to you or to the Private Shopping Service appointed by you.
The standards of Remarkbly's painting and quality of materials used mean the art will last, but the product must be treated with utmost care as it will incorporate a valuable and unique custom artwork. The artists use specially tested leather colours from the leading world manufacturers. While all products are subject to wear and tear, the artist or the Platforme are not responsible for the wear and tear of the art once it the product is delivered to the client.
The warranty period regarding the quality of the personalised artwork is of 2 months.
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation, unless there are exceptional circumstances. It usually takes between 1 to 4 weeks for the artist to create the artwork commissioned, depending on its type and complexity.
Your order will be delivered to the delivery address you specify when placing your order.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
If you order Product(s) for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
All Products are insured in transit and while they are with the artist, up to the amount of £20,000 (including the value of the artwork applied).
The insurance is capped at £20,000 per product. If the value of the item is higher than £20,000, the customer must decide whether to obtain additional insurance.
For insurance purposes, the customer must submit detailed photographs of the product and specify its conditions in writing, including any wear and tear or faults it may have.
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s) has been received.
PRICE AND PAYMENT
The price of the Personalisation Service is as quoted on the Site from time to time. Please note that personalised and/or customised Products may have a long lead time before shipping, but payment will be taken at the time of or shortly after you submit your order and in advance of shipping.
Prices include VAT and all shipping charges. If the product to be personalised is valued at over £5.000, a specialist logistics supplier will be engaged at an extra charge if you choose so.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
The Site contains a large number of Personalisation Services and it is always possible that, despite our best efforts, some of the Personalisation Service listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Personalisation Service’s correct price is less than our stated price, we will charge you the lower amount. If a the Personalisation Service’s correct price is higher than the price stated on the Site, we will, at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection.
Payment for all orders must be made by credit or debit card. We accept payment by most major credit and debit cards. In case you use a Private Shopping Service, payment will be taken via the third-party service provider.
Regarding the Private Preview, all payments must be made via the Platform’s PayPal account.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Personalisation Services ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant the Personalisation Services stated. Discount codes cannot be redeemed for cash.
Due to the bespoke nature of our services, cancellations and returns are not accepted.
If any Product you order is damaged or faulty when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you should inform us as soon as possible, preferably by email to firstname.lastname@example.org, giving your name, address and order reference. Nothing in this section affects your legal rights.
WHAT YOU ARE ALLOWED TO DO
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
WHAT YOU ARE NOT ALLOWED TO DO
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you, provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Platforme International Limited. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
In no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law, and any dispute between you and us regarding them or any Contract will be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these terms and conditions in England or in the EU country in which you live. The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention, please contact us.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to email@example.com write to us at Platforme INTL, 270 Kingsland Road, Padangle House, London, E8 4DG. We are available Monday to Friday, from 9 a.m. to 6 p.m.