The Legal Stuff
Terms and Conditions
Last Modified on 18 March 2016
Colourfil is a digital colouring book for adults. The app also sells gifts (hereafter the “Products”). The app is available in the App Store and optimised for iPhone and iPad mobile devices.
These Terms and Conditions govern the contents and use of the Service and set out the terms and conditions on which We supply the Products available on the Service.
Please read these Terms and Conditions carefully before using the Service and before ordering any Products via the Service. By using the Service and/or ordering any of the Products you agree that you have read, understand and agree to be bound by these Terms and Conditions.
These Terms and Conditions shall apply to all sales of the Products by Us via the Service and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us.
If you do not agree with these Terms and Conditions then you may not use the Service.
Amendments and changes
Please note that we may modify these Terms and Conditions at any time by posting amended Terms and Conditions here and you agree to be bound by such changes. For your convenience the date of the last revision is included at the top of this page. If any modification is unacceptable to you, you shall cease using the Service. If you continue using the Service you will be deemed to have accepted the change.
You may not use the Service in any improper or unlawful manner or in breach of any legislation or licence that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Service.
Who we are
Whenever you buy a Colourfil Product you will be contracting with Postsnap Group Limited, a limited liability company incorporated in Guernsey under company number 46701. Our registered office is at PO Box 142, The Beehive, Rohais, St Peter Port, Guernsey, GY1 3HT and Our UK office is located at 7 Winchester Place, Poole, Dorset, BH15 1NX. Our VAT registration number is 182 6501 11.
Your order and order acceptance
To place an order with us you will need to download our app to your mobile device from the App Store. Once you have selected your Product(s) you can place your order and make payment.
All orders received by Us are subject to acceptance by Us. When we receive your order we will provide you with an email order confirmation. Your receipt of an order confirmation from Us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell as the order confirmation simply confirms that we have received your order. We reserve the right at any time after receiving your order to accept or decline your order at our absolute discretion for any reason. If we cancel an order after you have been billed, then we will refund the billed amount in full.
You undertake that all details you provide to us for the purpose of purchasing your Products via the Service will be correct.
We endeavour to display and describe as accurately as possible the Products which appear on our Service, but we cannot undertake to give any assurance that the colours and varieties of Products supplied will exactly match those displayed on your mobile device due to the seasonal nature of some of the Products.
Eligibility, rights of use and copyright
You represent that you are an adult and have the legal capacity to enter into a contract with Us in the jurisdiction where you reside, and that you are at least 18 years of age. Children under the age of 18 are not allowed to use the Service.
All intellectual property rights (meaning images, patents, registered and unregistered trade marks and service marks, domain names, designs and design rights, copyright, database rights and moral rights, rights in computer programs and other materials) in and to the Service and all content and materials contained in the Service are owned by and shall remain owned by Us and are protected by copyright laws.
Subject to your compliance with these Terms and Conditions we grant you a non- exclusive, revocable licence to use the Service and designs therein. In the event that you breach any provisions of these Terms and Conditions your rights will immediately terminate.
You represent that you are entirely responsible for maintaining the confidentiality of your account password. You agree to notify us if you believe that your account password has been compromised.
While we endeavour to ensure that the Service is normally available 24 hours a day, we shall not be liable if for any reason the Service is unavailable at any time or for any period.
Price, payment and currency
All prices are inclusive of VAT. VAT is based on the final value of your order, at the current rate in force in the UK. Orders will not be processed until payment has been received in full. We accept payment by credit or debit card and PayPal.
You can pay for your order using the following credit cards and debit cards: Visa, Mastercard and Amex. Please check our App for further details if your credit or debit card is not mentioned in these Terms. You can also use Apple Pay, however availability of Apple Pay depends on your Device, for more information on the availability and use of Apple Pay see https://www.apple.com/apple-pay/.
Where you use a third party payment services provider such as Apple Pay, Colourfil is not responsible for any information you provide to Apple Pay or how your information is used or stored to enable you to use Apple Pay payment services, the operation of which is out of Colourfil control. It is important that you understand Apple Pay terms and conditions at https://www.apple.com/apple-pay/ which apply to any use of Apple Pay services. Colourfil is not liable for any loss you incur relating to the use of Apple Pay.Delivery costs are calculated and added during the checkout process. For security we use Stripe and PayPal to securely process all payments. We never store or have access to your card details ourselves. Payment must be made at the time of placing your order. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of, or in connection with, your use of such third party payment providers, which we may utilise from time to time. You undertake that all of the details (including without limitation credit card, PayPal, and your contact information), which you provide to us for the purposes of your order and its delivery, are correct, accurate and complete. You warrant that the chosen method of payment is your property and that sufficient funds or credit facilities are available to cover the full cost of the order.
Discounts and promotions
We occasionally offer discounts and promotions at our discretion. Such discounts and promotions may be altered or withdrawn by Us at any time. We may refuse to provide such discounts and promotions for any reason including but not limited to: fraud, mistakes regarding published information or any other reason at our sole discretion.
Discounts and promotions may not be combined unless otherwise stated by Us.
We are unable to retrospectively apply discounts and promotions to an order.
Unless otherwise stated promotions and discounts are for single use only and only one promotion code may be used per order.
Introductory offers are only available to new users of our Service.
If you wish to change your order please email our customer service team at: [email protected] We always try to do our upmost to make last minute changes but we cannot guarantee that we will be able to make such changes given the personalised and seasonal nature of the Products.
Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver Product(s) within the time specified, but we do not accept liability for any failure to deliver within that time.
The place for the delivery of your Products will be as shown on the order confirmation and the normal method of delivery (unless specifically agreed otherwise) shall be Royal Mail 1st Class post or such other courier company we may use from time to time. Delivery costs are calculated and added at checkout.
We will endeavour to deliver your order within the time period stated for each item. However delivery times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence for these Terms and Conditions and We will not be liable for any loss or expenses, which you may sustain as a result of any delay in the delivery of your Order.
Over 90% of Royal Mail 1st Class deliveries are delivered next day but please note that this is not a guaranteed next day service and so we cannot guarantee the exact delivery date of your Product(s). In addition timed deliveries are not available.
If your products have not arrived within 3 working days of the estimated delivery date please contact us at [email protected] . Notwithstanding this it is your responsibility to contact us within 5 working days of the estimated delivery date in order to claim a refund. Failure to contact us within these timescales will result in the lapse of any rights to a refund.
We currently deliver to UK mainland addresses only.
Whilst our Products are packed carefully on a small number of occasions they may get damaged in transit. Therefore you must inspect your Products upon delivery and, in the case where your order has been delivered by a carrier, sign the required proof of delivery document or collection acceptance document. A signature on the document will constitute conclusive evidence that you have received your order free from any apparent defect or damage. You may not reject your order or any part of the order solely on the basis of short delivery of an instalment. If the Products are alleged to be defective or damaged on delivery, you must give a description of the fault or damage and provide photographic evidence of the alleged fault or damage or defect by email to [email protected]
We reserve the right to make delivery of your order by instalments. If the order is to be delivered in instalments, each delivery will constitute a separate contract.
If you wrongfully fail to take delivery of the order then We shall be under no obligation to refund the purchase price.
Risk and property
Risk or damage or loss of your order will pass to you upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the order, property in the order will not pass from Us to you until We have received full payment and all other sums which are due, owing or payable by the you to Us in respect of the order or any other order between you and Us.
Returns, refunds and rights of cancellation
b) We have failed to deliver the Product(s) within 10 working days after the date you selected for dispatch in app.
c) We delivered the wrong Product(s)
d) Your Product(s) was/were sub-standard or faulty and within 24 hours after you have discovered that the fault or defect you notified us of the fault or defect via email to [email protected] attaching a photograph of the Product(s) illustrating the fault or defect (provided that you shall be deemed to have inspected the order as soon as reasonably practicable after delivery and in no case longer than 24 hours after receipt).
If an order is cancelled under the conditions in a), b), c) or d) above We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the order in question. Notice of wish to cancel must be made by email to [email protected]
For the avoidance of doubt, save in respect of faulty or defective Products, nothing in these Terms and Conditions shall give you rights of cancellation in regard to the Products, which, by their nature are seasonal and perishable.
You must return any order to Us in its original packaging (which you should retain for this purpose). Nothing in this clause affects your statutory rights.
The following circumstances are beyond our control – adverse weather and force majeure.
Changes to products and pricing
We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Products sold via the Service. The display of products on the Service at any time does not imply or warrant that these products will be available at other times.
The seasonal nature of floral products means that we reserve the right at our absolute discretion to substitute alternative products to those displayed on the Service using alternate Product(s) of a similar style, quality and value.
We reserve the right to change the prices for products and postage displayed on the service at any time and to correct pricing errors. All such changes shall be effective immediately upon the posting of such new product prices on the Service.
Link to third party services and websites
This Service may contain links to services and websites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such services and websites, which you may, access through this Service or any services that they may provide. Use of such linked services and websites is at your own risk and such links do not imply Our endorsement of information or material on such linked services or websites.
Personalised card gift message
You agree that We are not responsible in any manner for the content of your card message or use of that message by the recipient or others. You agree not to include any defamatory, obscene, illegal or offensive content in your card message or that such messages do not violate the privacy or intellectual property rights of others. Colourfil will not be liable for any claims relating to or arising from such card messages.
We warrant to you that any Product purchased from us via the Service is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product(s) you purchased (excluding taxes and delivery costs).
Nothing in these Terms and Conditions shall exclude or limit our liability for:
• death or personal injury caused by our negligence; or
• any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
• any liability which cannot be excluded or limited under applicable law.
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
You agree to indemnify us against all liabilities, claims and expenses that may arise out of, or in connection with, any breach by you of these Terms and Conditions or through your Colourfil Account.
We may remove the Service or cease the provision of any of the Products or services available through the Service at any time in our sole discretion for any reason whatsoever.
We may terminate your access to the Service for any reason in our sole discretion at any time with or without notice.
Data protection and privacy
Your purchase will be deemed to have occurred in the UK. This agreement shall be made under the laws of England and subject to the jurisdiction of the courts of England and Wales.
If you would like to contact us please do so by email at: [email protected]
Last Modified on 19 March 2016
This mobile application and its supporting website (hereafter the “Service”) is owned and operated by Postsnap Group Limited trading as Colourfil (“Colourfil”, “We”, “Us” “Our”).
We are a company registered in Guernsey (No: 46701) and our registered office is atPO Box 142,
The address of our UK Office is1st Floor,
We respect your privacy and want to help you to protect your personal information and keep it safe. We will never rent, sell or disclose your personal information to a third party without your prior consent.
Information we collect from you directly - “Personal Information”
We collect the following types of information about you:
Postal address including postcode
Instagram or Facebook name as applicable
2. Payment details. We, and our payment-processing partners, Stripe and PayPal (or such other payment processing partners as we may utilise from time to time) ask for your account, credit or debit card details when you make a purchase. This information is not passed to us. Colourfil does not store your credit or debit card details.
Why we collect this information
We use this information to:
operate, maintain, and provide you with the features and functionality of, our Service
communicate with you about our Service, for example, to respond to your inquiries
fulfil your orders with Colourfil
keep internal records accurate and up to date
provide you with order and billing information
allow you to participate in competitions or promotions and to administer such activities
carry out market research
carry out re-marketing services
personalise your experience of our Service, and help us improve our Service and communications
Information from third parties we collect from you
In order to take advantage of some of our services, you may need to supply us with a delivery name and address of the recipients of your orders. We will not use this information for anything other than providing the service for which the information was supplied.
Colourfil Address Book (“PAB”)
We use PAB information to provide you with the features and functionality of our Service. For example the PAB allows you to easily and quickly select previously used recipient details so that you can use the recipient details again for subsequent orders.
Refer a friend
Information we collect from your use of our Service - “Other Information”
A persistent cookie which remains on your hard drive after you close your browser or mobile device so that you do not need to re-enter certain information each time you visit our Service
A session cookie is temporary and disappears after you close your browser or mobile device and which is used to help prevent unauthorised access to your account
A cookie does not give us access to your computer or mobile device and nor does it give us any information about you personally. You can choose to accept or refuse all cookies or to indicate when a cookie is being sent. To disable cookies you may need to change your browser settings, which will vary according to the operating system and browser, you use. However, some features of our Service may not function properly if the ability to accept cookies is disabled.
Further free, useful background information regarding cookies can be found here. http://www.allaboutcookies.org/manage-cookies/
Log file information
Log file information is automatically reported by your browser or mobile device each time you access our Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on our Service, domain names, landing pages, pages viewed, and other such information.
Clear gifs/web beacons information
When you use our Service, we may employ clear gifs (also known as web beacons), which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our Users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of our Service.
When you access our Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Colourfil. A device identifier may convey information to us about how you browse and use our Service. A device identifier may remain persistently on your device, to help you log in or checkout faster and to enhance your navigation through our Service. Some features of our Service may not function properly if use or availability of device identifiers is impaired or disabled.
How we use your Personal and Other Information
We use the information we collect from you and your use of our Service in the following ways:
For optimising your use of our Service
For our business purposes
We may use Personal Information or Other Information for our business purposes, such as: presenting our Service and their contents to you; allowing you to use certain features such as leaving comments; data analysis; audits; fraud monitoring and prevention; developing new products; enhancing, improving or modifying our Service; identifying usage trends; determining the effectiveness of our promotional campaigns; notifying you of updates and changes to our Service and products we sell; operating and expanding our business activities; anticipating and resolving problems with our service; and any other purpose with your consent. We also use your information to send you Service related emails (e.g., account verification, purchase, billing and order confirmations and reminders, changes/updates to features of our Service, technical and security notices). You may not opt out of Service-related emails.
Commercial and marketing communications and materials
We use the Personal Information and Other Information we collect or receive from you to communicate directly with you. We may send you emails containing newsletters, promotions and special offers for our own, or third party products or services. In addition, we may permit our group companies (including any parent, subsidiaries and affiliates) to market directly to you. If you do not want to receive such email messages or promotional materials, you will be given the option to opt out or change your preferences at Sign Up and from your Account. In addition you may opt out of such communications by clicking on the “unsubscribe link” provided in such communications or by emailing our customer service team.
In instances where use is necessary or appropriate
We may use Personal Information or Other Information as we believe to be necessary or appropriate: to comply with the law and the reasonable requests of law enforcement agencies; including laws and enforcement authorities outside your country of residence; to enforce our Terms & Conditions or to protect the security or integrity of our Service; and/or to exercise or protect the rights, property, or personal safety of Colourfil, our employees, our Users or others.
Who we may share your information with
We may share your information between our Postsnap Group Limited trading brands and with third-party business partners and service providers we use to support our business, and which may include, without limitation, payment processors, printers, fulfilment companies, data hosting service and/or advertising support service. We may share information with such third parties for a variety of purposes such as providing, maintaining, improving, customising, promoting and/or expanding our Service, our Products or the products and services of third parties. You may opt out of receiving such samples or promotional materials by emailing our customer service team.
We may disclose aggregated information about our users without restriction.
In addition, we may share your personal information with our other users and third parties when you provide us with consent to do so. For example competition winners' details and the like.
What happens in the event of a change of control
We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its Service, products, services, assets and/or businesses. Your information such as customer name and email addresses, and recipient names and addresses and other user information related to our Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganisations, liquidations, similar transactions or proceedings involving all or a portion of the company.
The storage and security of your information
Keeping your information safe
We care about the security of your information, and use commercially reasonable safeguards to preserve the integrity and security of all information collected through our Service.
Any payment transactions undertaken from our Service are encrypted using SSL technology.
The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain our Service. All Colourfil personnel who have access to this information are trained in the maintenance and security of such information.
To protect your privacy and security, we take reasonable steps (such as requesting a unique minimum seven character password which must include at least one number) to restrict access to certain parts of our Service and to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from us, at all times. We ask you not to share your password and credit / debit card details including security CVV number with anyone else. However, we cannot ensure or warrant the security of any information you transmit to us or guarantee that information on our Service may not be accessed, disclosed, altered, or destroyed.
You acknowledge and agree that you use, and provide information to our Service at your own risk. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to our Service, such as social networks. Colourfil is not responsible for the functionality or security measures of any third party. You must be aware that you should always log out of your account when you have finished using our Service.
Compromise of information
In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Your control of your personal information
We aim to provide you with choices regarding the personal information you provide us with. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law. The following are the mechanisms we currently have in place to allow you to exercise your preferences.
If you do not wish to have your information used for analytics purposes you may “opt out” of the collection of your information for analytics purposes by following the directions provided by our third party analytics partner - Google, located at http://www.google.com/intl/en/policies/privacy/
If you do not wish to have your contact information (including but not limited to your email address) used by Colourfil to promote our products and Service and those of third parties you may opt out by clicking on the “unsubscribe link” provided in such communications or by emailing our customer service team.
Accessing and correcting your information
You can review and change your personal information by logging into our Service and visiting your Account page. You may also send us an email by emailing our customer service team to send us a request to delete, correct or update any personal information that you have provided to us. We cannot delete all of your personal information except by deleting your account altogether. We may not accommodate a request to change your personal information if we believe the change would violate any law or legal requirement or we believe the change to be incorrect. If you delete the comments you have posted on our Service copies may remain viewable in cached or archived pages or might have been stored or copied by other Service users.
You have the right to access the personal data that we hold about you. To access a copy of this information please write to us with your full name and registered email address enclosing a cheque for GBP £10.00 made payable to Postsnap Group Limited at:
7 Winchester Place
If you believe that any information we hold about you is incorrect or incomplete please write to us or email us as soon as possible and we will promptly correct the information.
Colourfil does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register as Users. Our Service and its content are not directed at children under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18 currently using our Service, please contact us by emailing our customer service team.
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