Thanks for visiting Inksy.art.
Our mission is to help you rediscover your most cherished life moments though the medium of Algorithmic Art. We endeavour to do all we can to ensure you are completely happy with your INKSY product.
The following constitutes our terms of conditions:
1.1 These terms and conditions are legally binding and shall govern the sale and purchase of products through inksy.art (website).
1.2 Please read our terms carefully as you will be asked to give your express agreement to these terms and conditions before you place an order on our website. If you do not agree to these Terms, you must not order any products from this Website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 In these terms and conditions:
(a) “we” means Art n Soul Ltd, trading As “INKSY” through the website, https://www.inksy.art; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must upload an image, you must then apply and select one of the INKSY styles, you must then pick the product you want this image to be printed on, once you have customised the options, you need t add the products you wish to purchase to your shopping cart, and then proceed to the checkout for payment; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred shipping method for delivery and confirm your order and your consent to the terms of this document; you will then be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement via email; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 We will assign an order number to your order and tell you what it is when we send you an order confirmation email. It will help us if you can tell us the order number whenever you contact us if your query is regarding a purchase you have made.
3.5 Once payment has been made and the order confirmed by way of us sending you an order confirmation email. You will no longer be able to amend your order. This means you will not be able to change any part of the image you have uploaded or change the INKSY style you have selected. Please make sure that you are completely happy with your INKSY by reviewing the Style preview. Only place an order if you have double checked the size, style, formatting and output of your image and you are completely happy with the result.
3.6 There may be circumstances in which we are unable to accept your order, because of something we discover after we send you an order confirmation email. If this is the case, we will inform you of this via email and will refund you for the product. We may be unable to accept your order because:
(a) we have identified an error in the price or description of the product;
(b) the use of images for a Personalised Product are corrupted, unsupported technically or inadequately pixelated;
(d) your Personalised Product contravenes, or appears to contravene, our Content Guidelines (section X);
(e) there are unexpected limits on our resources which we could not reasonably plan for
(f) we cannot obtain authorisation for your payment;
(g) we suspect that the order has been placed fraudulently;
(h) we are unable to meet a delivery deadline you have specified;
(i) the product is out of stock;
(j) a promotional offer or discount code has been used outside of a valid promotion period or has expired; or
(k) your order otherwise breaches any of the requirements of these Terms.
3.6 We cannot guarantee that multiple products within the same order will be delivered in the same package or at the same time.
4.1 The following types of products are or may be available on our website from time to time: prints, framed prints, acrylic panel prints, canvas prints, framed canvas prints, Acrylic Prisms.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any specific product or type of product.
4.3 The products sold by us through our Website are manufactured and shipped from a range of production facilities based in the United Kingdom and Internationally.
4.4 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colour accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.5 Packaging of your product may vary from that shown in images on our website.
4.6.1 The majority of the INKSY product range can be considered to be Personalised Products, in that the Artwork you create is primarily based on content you select and is uploaded by you. From time to time, we may decide to sell “made for you” Art, which does not include any content uploaded and selected by you. In this instance, these products are considered to be Non-Personalised Products.
4.6.2 It is up to you to ensure the content you have contributed for inclusion in a Personalised Product is correct. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct.
4.6.3 If you are uploading a photo, images must be in JPEG or PNG format. Any other format cannot be accepted. For best results, we advise that you make the image dimensions a minimum 1,000 pixels wide or high. Higher resolution images will have more detail and may return a better result. If you are scanning the image before upload, we recommend you use at least the 300DPI (Dots Per Inch) setting.
4.6.4 If you try to upload a photo that has a low resolution or image size, we will accept them but we cannot accept responsibility if your Personalised Product does not meet your expectations. Please double-check the on screen preview to ensure that you are happy with the result before ordering.
4.6.5 By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (Customer IP) in a Personalised Product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to INKSY standards or the requirements of the product you have ordered (such as by cropping images).
4.6.6 The rights and ownership to the Customer IP will remain yours, or the person who gave you permission to use the Customer IP.
If you use third party copyright in any Personalised Product, it is your responsibility to ensure that you seek permission from the copyright owner. We will not accept any liability, whatsoever if any Customer IP infringes on third party copyright.
4.6.7 You will be held responsible for any fees and third-party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full.
We do not permit Personalised Products to include any content or material which:
6.1 Our prices are quoted on our website.
6.2 From time to time, we will change the prices quoted on our website but this will not affect any contracts that have previously come into force.
6.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
6.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
6.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force and you will be required to pay this charge when you place an order.
7.1 You must, during the checkout process, pay the prices of the products you order.
7.2 Payments may be made by any of the permitted methods specified on our website from time to time.
7.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
7.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees) and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.4.
7.1 Our policies and procedures relating to the delivery of products are set out in our delivery policy document.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7-10 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 21 days following the later of receipt of payment and the date of the order confirmation.
7.5 We endeavor to deliver products to globally but reserve the right to cancel orders from country on the basis that our delivery partners are unable to service any given country, for whatever reason.
8.1 This Section (Section 8) applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, including:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
(b) if you want to end the contract because of something we have done or have told you we are going to do;
(c) if you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see section 8.5.
8.3 If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full, including delivery fee, for any products which have not been provided.
(a) We have told you about an upcoming change to the product or these Terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons;
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising Your right to change your mind (Consumer Contracts Regulations 2013)
8.3.1 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, this depends on the type of product you have ordered. In addition, how long you have depends on what you have ordered and how it was delivered.
8.3.2 You have the right to change your mind when you have purchased Non-Personalised Products. You have 14 days after the day you (or the recipient) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or the recipient) receives the last delivery to change your mind about the goods;
8.3.4 You do not have the right to change your mind if your purchase is for
(a) Personalised Products;
(b) digital content for downloadthat we delivered to you immediately.
(c) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you;
(d) services, once these have been completed, even if the cancellation period is still running.
8.5 Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see clause 8.3.4) you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.6 For a summary of your legal rights, please visit the Citizens Advice website or call 03444 111 444.
8.7 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us by emailing us at: support@insky.art, quoting your order number, the email address you registered with us and the problem with the order. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.8 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (we will provide a return address by email). You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
8.9 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order.
8.10 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
8.11 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.12 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
8.13 If you receive a product from us in error, you must inform our Customer Support Team immediately. We will then provide you with instructions on how to return or securely destroy the product.
8.14 Where an item is faulty, please contact INKSY Support. We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
8.15 If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with or to your PayPal account. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge.
8.16 Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 4.6 about Personalised Products for more information.
8.17 It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered. We need to be informed of any issues within three days of the delivery to give us the best chance of successfully resolving the issue.
8.18 If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that [Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20] will survive termination and continue in effect indefinitely.
9.0 When we will pay the costs of return
9.1 We will pay the costs of return if:
(a) the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
(c) if we, or on behalf of our suppliers, have requested a return of the product due to a product recall.
9.2 Deductions from refunds if you are exercising your right to change your mind
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
For the purposes of these Terms, the following words will have the meanings as set out below:
10.1 IP means intellectual property rights of any nature, including (for example) patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, whether registered or unregistered, and including all applications for such rights, and rights to apply for and be granted such rights, and renewals or extensions of such rights, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist, or will subsist, now or in the future, in any part of the world.
10.2 Content means all text, software, applications, graphics, audio, visual and/or audio-visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.
10.3 Unless otherwise stated, all Content on and IP in relation to our Website and/or App is wholly owned by Art n Soul Ltd or its licensors.
10.4 “INKSY, Inksy and inksy” are trading names of Art n Soul Ltd and are trademark pending. You agree not to display or use it in any manner without our prior written consent.
10.5 You may use and access our Website and/or App to the extent and purpose required for ordering any products and/or services made available by INKSY in accordance with these Terms.
10.6 You are not allowed to remove any notices relating to IP contained in any Content, material and/or products taken from our Website, App or otherwise;
10.7 You are not allowed to copy, distribute, show in public and/or create any derivative work from, any material, Content or IP owned by Art n Soul Ltd without the prior express written permission and licensing by us to do so, whether for a commercial purpose or otherwise;
10.8 You are not allowed to use INKSY, including but not limited to, its Website, Content, IP, products and/or services for any commercial purpose other than in accordance with these Terms; and
10.9 You are not allowed to use any robot, spider, scraper or other automated means to access the Website or App for any purpose without our prior express written permission.
10.10 Any rights not granted in these Terms are reserved for our own benefit.
11. 1 We will always try to ensure that our Website and App is available 24 hours a day. However, we will not be liable if for any reason the Website or App is unavailable at any time, or for any period.
11.2 Please note that we run AB tests on our Website. This means that if you are randomly selected, you may have a slightly different browsing experience to other users.
11.3 We use web analytics tracking software for the purposes of optimising the user experience, this includes the use of cookies. More details can be found in our Cookie Policy.
11.4 From time to time, we may provide links to other websites or resources for your convenience. We do not endorse the contents of these websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third-party websites, you do so at your own risk.
11.5 It is important that you provide your real name and a valid email address when signing up. This is to ensure compliance with these Terms and so that our Customer Service Team can perform identity verification if you ever contact us about your order.
11.6 A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a fake name or email address.
12.1 By submitting a review on our Website, App or any other third-party websites you confirm and agree that you are the sole author of the review, your review is accurate and that you are at least 18 years’ old.
12.2 For any review that you submit, you grant INKSY a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.
12.3 You must agree that you will not submit a review that:
12.4 We reserve the right to decline publication of reviews or to remove reviews at our discretion. By submitting your email address in connection with your rating and review, you agree that INKSY may use your email address to contact you about your review. We will not pass your details onto any third parties without your consent. INKSY accepts no liability for your personal information in relation to reviews you leave on third party websites.
13.1 You warrant and represent to us that:
13.2 We warrant to you that:
13.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 14.1, all other warranties and representations are expressly excluded.
14. Limitations and exclusions of liability
14.1 Nothing in these terms and conditions will:
14.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:
14.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
14.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
14.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
13.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
19.1 Subject to Section 10.1, these terms and conditions, together with our delivery policy, our returns policy and our cookies policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
20.1 These terms and conditions shall be governed by and construed in accordance with Scottish law.
20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.
21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2 These terms and conditions are available in the English language only.
22.1 This website is owned and operated by Art n Soul Ltd and trades under the trading name of INKSY.
22.2 We are registered in Scotland under registration number SC619905, and our registered office is at 7 James Shepherd Grove, East Kilbride, Scotland, United Kingdom, G758WT.
22.3 Our principal place of business is the same as the registered office address above.
22.4 You can contact us:
(a) using our website contact form;
(b) by email, using the email address: support@inksy.art
22.5 If we have to contact you, we will do so by telephone or by writing to you via the email address or postal address you provided to us in your order.
INKSY is a trading name of Art n Soul Ltd.
A Company registered in Scotland, U.K – SC619905.
© INKSY 2022 – 2023. All Rights Reserved.
