Terms & Conditions

Website Terms of Use and Terms and Conditions

 

Who we are
Terms
Other applicable terms
Register an account
Ordering and availability
Delivery
Risk and title
Price and payment
Your cancellation rights
Our refunds policy
Faulty products
Product information
What you are not allowed to do
Posting content
Intellectual property rights
Availability and standards
Functionality
External links
Newsletter and other communications
Our liability
Events outside our reasonable control
General
Contacting us

 

1.Who we are

The Website on which these Terms are made available is operated by Platform Inspiration Limited (Qbees, we, us or our). Our registered company number is 08589869, our VAT number is 186 4921 72 and our registered address is at Treviot House, 186-192 High Road, Ilford, Essex, IG1 1LR.

2. Terms

 


2.1 Please read these Terms carefully before you start using our Website. These terms are important as they explain some key things about the Website and our supply of Qbees, Qubes, and other goods through the Website (Products). If you do not understand these Terms please ask your parents or guardian to review them with you. Parents or guardians who allow children to use the Website also need to adhere to these Terms and ensure children in their care do so as well.

 


2.2 If you use the Website, or allow your children to use the Website, you agree to be bound by these terms. These terms form a legally binding contract between you and us, and govern your use of the Website. Your purchase of any of the Products offered on this Website is subject to these terms, and by placing an order for any Product you agree to be bound by them. If you or your children do not want to be bound by these terms, then you should not use the Website.

 


2.3 If you are under the age of 18 you must use the Website with the supervision of your parents or guardian.

 


2.4 We may change these Terms from time to time. If a revision is material we shall, at our discretion, notify you. If you continue to use our Website after any revisions take effect then you will be taken to have agreed to the revised Terms, although no such change will affect any order you have already placed with us.

 


2.5 We may change the features contained on our Website or our Products from time to time. We do not guarantee that any particular content or functionality or any Products will be made available on our Website.

 


2.6 These Terms were last updated on 2nd July 2014

 

3. Other applicable terms

 

 

In addition to these Terms, our Privacy and Cookies Policy also applies to your use of the Website and the way we use your personal data and information and is, where relevant, incorporated by reference into these Terms.

 

4. Register and account

 


4.1 In order to purchase Products from the Website and to save your designs you will need to register an Account. Registering an Account is easy and gives you access to your order history and status and saves your design for future use. Young people using the Website should do so with the supervision of an adult.

 


4.2 You can register an Account with an email address or by using your Facebook, Twitter, LinkedIn or Google+ profile information. If you choose to register an account using information from a third-party profile you agree to grant us a right to access and use certain information available from that profile including without limitation your public profile information, friends list, email addresses and current city.

 


4.3 When registering your Account we will ask you to provide:
(a) Your full name;
(b) A valid and subsisting email address;
(c) Your telephone number (optional); and
(d) Any other information reasonably requested by us as part of the sign up process.
When registering an Account you will also need to select a password.

 


4.4 All purchases of Products from the Website are conducted through PayPal. If you do not have a PayPal account because you are not old enough to then your parent or guardian may use their PayPal account to purchase Products on your behalf. All purchases on the Website must be made with the express consent of the PayPal account holder.

 


4.5 You warrant that all information you provide to us is true and accurate to the best of your knowledge and belief.

 


4.6 We reserve the right in our absolute discretion to disable any Account or refuse to deal with a user at any time if, in our opinion:
(a) You have not complied with any of these Terms;
(b) You have not provided any details requested or we have reason to believe that any details that are provided are false or inaccurate; or
(c) There is any other risk to the security or integrity of our Website.

 


4.7 You must treat your password or other identifier(s) as confidential and must not reveal them to anyone else or allow anyone else to use them. You must contact us immediately if anyone else has become aware of your password in circumstances in which there is a risk of misuse or if you have any reason to believe that there is any other risk of any unauthorised use of your Account. Unless you have notified us that something has happened to cause a risk of unauthorised use of your Account, then any activities that occur under your Account will be treated as if they were carried out by you.

 

 

5. Ordering and availability

 


5.1 Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Place Order and Pay” button on the checkout page.

 


5.2 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. Where we do not accept an order you will be entitled to a refund in accordance with our refunds policy. We are not obliged to accept your order and may, in our discretion, decline to accept any order for any reason including where you submit content for a bespoke Product which infringes third party intellectual property rights such as:
(a) an image of a famous person (so no pictures of David Beckham, please!); or
(b) wording associated with a brand (so no “Coca Cola” or “Just Do It”, please!).
We also reserve the right to refuse any bespoke order where you submit content which, in our absolute discretion, we believe has been submitted in breach of section 14.2 of these Terms.

 


5.3 Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that your order has been dispatched (Order Confirmation). The contract between you and us in relation to the Products ordered (Contract) will only be formed when we send you the Order Confirmation.

 


5.4 We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

 


5.5 Whilst we use reasonable endeavours to carry sufficient stock, if your order includes any Product(s) not available from stock or which have been discontinued, we may substitute appropriate similar product(s) which we will select to meet your requirements. If we substitute items, we will notify you of this in advance and obtain your express consent that you are happy with this approach.

 

 

6. Delivery

 


6.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.

 


6.2 Your order will be delivered to the delivery address you specify when placing your order. Orders cannot be delivered to PO Box or similar addresses. We deliver to all addresses Worldwide please note that customs or import duties may be payable depending on the destination you have selected for shipping.

 


6.3 Products comprised within the same order cannot be delivered to different addresses.

 


6.4 Deliveries are made by Royal Mail and take place on Mondays to Fridays, 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 Royal Mail may require deliveries to be signed for.

 


6.5 If you order Products for delivery outside the United Kingdom, 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.

 


6.6 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

 

 

7. Risk and title

 


Products ordered will be at your risk from the time of delivery. Ownership of the Products ordered will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.

 

8. Price and payment

 


8.1 The price of Products is as quoted on the Website from time to time.

 


8.2 Prices include VAT but exclude delivery costs, which will be automatically added to the total amount due when you view the items in your shopping basket. You will be able to review the total charges before placing your order.

 


8.3 The price of Products does not include any customs duties or import duties that may be applicable depending on the destination you have selected for shipping.

 


8.4 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 an Order Confirmation.

 


8.5 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

 


8.6 Payment for all orders must be made by PayPal. To purchase any Products you must be old enough to hold a PayPal account. If you are not old enough then you may ask your parents / guardians to purchase the Products on your behalf using their PayPal account.

 


8.7 We will charge your PayPal account at the time you place your order with us. The payment will appear on your statement as Qbees. In the event that we do not accept your order we will return to you the full amount taken from your or your parents’ / guardians’ card.

 


8.8 You and your parents should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if the card issuer declines to authorise payment for any reason. It is possible that the card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

 

 

9. Your cancellation rights

 


9.1 Except in relation to certain products set out below, you may cancel a Contract at any time before your order is delivered and up to fourteen (14) days afterwards, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.

 


9.2 To cancel a Contract, you can inform us:
(a) by email or telephone giving us your name, address and order reference; or
(b) by completing our cancellation form.
You must also return the Products to us within 14 days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to claim the cost of any deterioration, up to the price of the Product, from the refund to which you are otherwise entitled.

 


9.3 You will not have any right to cancel a contract for the supply of any products that have been personalised or made to your own bespoke specifications unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered. A Product will usually be “bespoke” where you have submitted your own content such as a picture for the creation of a Product, or where you have added personalised and/or unique words to a Product.

 


9.4 To return a Product, you should download our returns form,  making sure you include a note of your name, address and complete other fields required to speed up your refund. Please re-package the parcel securely (using our packaging where possible) a
nd then return it to us, either by courier or by recorded delivery mail or other form of certified mail, to the following address:

 


Qbees Returns 27 Hamilton Avenue, Ilford, Essex, IG61AE, United Kingdom.

 

 

9.5 We advise that you take out enough postal insurance to cover the value of the contents. Please save your proof of posting and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the items to us.
9.6 Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.

 

 

10. Our refunds policy

 


10.1 If you cancel a Contract between us within the fourteen (14) day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Products back or, if earlier, the day on which we receive evidence that you have returned the products to our returns address (see above). We will refund the price of the Product in full, including the cost of standard delivery. However, you will be responsible for the cost of returning the Product(s) to us.

 

 


10.2 You will not be entitled to refunds on bespoke Products, unless that product is faulty (see below).

 


10.3 Where you place an order and pay for a Product but we do not accept your order, you will be entitled to a refund for that purchase.

 


10.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

 

11. Faulty products

 


11.1 If any Product you order is damaged or faulty when delivered to you, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.

 

 

12. Product information

 


12.1 While we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Website, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

 


12.2 Any information on the Website regarding the technical specification of Products is included as a guide only. If you are in any doubt as to the technical specification of any Product you require, we recommend that you contact us prior to placing an order.

 

 

13. What you are not allowed to do

 


13.1 The Website is provided solely for non-commercial and personal use by you. You may only use the Website for lawful purposes. You may not:
(a) Copy, resell or resupply, reverse engineer, de-compile or create derivative works based on the whole or any part of any software in the Website;
(b) Use the Website for unlawful purposes or in any way that may damage our name or reputation or that of any of our affiliates;
(c) Use the Website for any commercial purposes not expressly permitted by us;
(d) Attempt to store, scrape or download any pages contained in the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of such pages including without limitation any content uploaded by users through the use of any software or mechanism including without limitation any data mining tool, crawler, automated script or alike;
(e) Use or display (including by way of hidden text or metadata) any element of the Website without our express written consent including without limitation our name, logo, trademark, page design and layout;
(f) Attempt to gain unauthorised access to the Website, the server on which the Website may be stored or any server, host, network, computer or database connected to the Website;
(g) Attempt to test, breach, impair, deactivate or circumvent any of our security or authentication measures used in the Website or attempt a denial of service attack to make the Website and/or host or network unavailable to users;
(h) Attempt to gain unauthorised access or use or tamper with non-public areas of the Website;
(i) Use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(j) Collect any personally identifiable information using the Website from other users without their express written permission;
(k) Use the Website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
(l) Otherwise do, or encourage your children or anyone else to do, anything not expressly permitted by these Terms.
13.2 You may only link to our Website if the link is not misleading or deceptive; if you do not imply that we endorse or are affiliated with you, your website or any service or products you provide; you link to (and do not frame or replicate) the home page of the Website; and the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, offensive or which infringes the intellectual property rights or other rights of any third party. We reserve the right to withdraw any linking permission in our discretion.

 


13.3 All rights granted to you under these terms will terminate immediately if you are in breach of any of them.

13.4 If you wish to use any material on the website in any way or for any purpose that is not authorised in these terms, please contact us.

14. Posting content

 


14.1 You accept sole responsibility for all content posted from your Account (whether by you or others) through the Website and you indemnify us against any loss, damage or expense suffered or incurred by us as a result of any claim arising from or in relation to any such content or activity.

 


14.2 If you choose to upload content via the Website including for the creation of bespoke Products then you must:
(a) Own the content and/or have the consent of the owner of the content to allow such content to be uploaded and used in the Website;
(b) Not submit any content which infringes the intellectual property rights, privacy rights or other rights of any third party;
(c) Keep any postings relevant to the purpose of the forum;
(d) Not submit any content that identifies any individual where that individual has not provided his or her consent to being identified in exactly that way in your content;
(e) Not submit any content that may create a risk of any loss, harm, or damage to any person or property;
(f) Not submit any content that is unlawful, hateful, defamatory, threatening, abusive, libellous, pornographic, sexually explicit, obscene, vulgar, harassing, indecent or offensive;
(g) Not submit any content that is technically harmful or contains any viruses and/or other code that has contaminating or destructive elements;
(h) Not submit fraudulent, false, deceptive, or misleading content or impersonate or misrepresent an affiliation with, any person or entity; and
(i) Not submit any content that violates, or encourages any conduct that violates laws or regulations.

 


14.3 You acknowledge and agree that:

 


(a) We do not monitor or moderate any content posted by users; and
(b) We shall not be liable for, or in relation to, any such content or use (including any inappropriate, false or misleading content posted by you or other users of the Website).
We reserve the right, in our sole discretion, to delete, edit or modify any content you post. We reserve the right not to accept any order for Products for any reason including where we suspect you have submitted content for bespoke Products which infringes third party IP rights.

 


14.4 Complaints about the content of any posting must be sent to the address set out in the contact us section and must contain details of the specific posting giving rise to the complaint.

 

 

15. Intellectual property rights

 


15.1 You or your licensors own all intellectual property rights in any content including any images, photos or designs that you submit via the Website.

 


15.2 All intellectual property rights in any content on the Website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors.

 


15.3 We give you a non-exclusive licence to use and access the Website and its content solely for your own personal use as permitted by these Terms.

 


15.4 If you print off or copy pages from the website where permitted by these Terms, you must not remove any copyright, trade mark or other intellectual property right notice(s) from the content.

 


15.5 Except to the extent expressly set out in these Terms, you are not being given any rights in respect of any intellectual property rights owned by us or our licensors. You do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by downloading any content from the Website or otherwise.

 

 

16. Availability and standards

 


16.1 We will use our reasonable endeavours to ensure the Website is available for use by you for as much of the time as is reasonably possible, but we do not give or enter into any condition, warranty, or other term to the effect that the Website is or will be:
(a) Available all of the time;
(b) Free from defects or viruses; or
(c) In compliance with any particular standards.

 


16.2 You acknowledge and agree that the Website may be unavailable from time to time due to scheduled maintenance or upgrades or for reasons outside our control (such as failures of internet access).

 


16.3 It is your responsibility to ensure that your computer system meets all the necessary technical specifications to enable you to access and use the Website.

 


16.4 We may withdraw or suspend the operation of the Website, or cease to provide and/or update content to the Website, with or without notice to you, if we have reasonable grounds for doing so, including for security, legal or business reasons. We will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website.

 


16.5 We may impose limits on certain features of the Website or restrict your access to parts or all of it without notice or liability.

 

 

17. Functionality

 


17.1 We may change the design, features and/or functionality of the Website from time to time. The content of the Website may be updated at any time.

 


17.2 While we try to make sure that all information on the Website is correct, it is not intended to amount to advice on which reliance should be placed. You should check with us or the relevant information source and exercise your own judgement before acting upon any of the information available to you on the Website. To the fullest extent permitted by law, we will not be liable for any loss or damage incurred as a result of your use of the Website or any reliance on any of the Website content.

 

 

18. External links

 


18.1 The Website may include links to websites of third parties that we do not control. We are not responsible for:
(a) The operation or the content of these other websites;
(b) Any act or omission of the third parties concerned; or
(c) Anything provided (or not provided) by the third parties concerned.
We do not endorse or give or enter into any condition, warranty or other terms to the effect that websites of third parties are or will be available or operational at any given time or to any given extent or standard.

 


18.2 You may not post a link on the Website to a third party website that contains material that is:
(a) Unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive, or which infringes the intellectual property rights or other rights of any third party; or
(b) Which contains any viruses and/or other code that has contaminating or destructive elements,
And you indemnify us against any loss, damage or expense suffered or incurred by us as a result of any claim arising from or in relation to such external links.

 

 

19. Newsletter and other communications
We may occasionally send a newsletter and other communications to you using your email address. You will be given the option to opt out of receiving such communications.

 

 

20. Our liability

 


20.1 Nothing in these terms and conditions shall limit or exclude our liability to you:
(a) For death or personal injury caused by our negligence;
(b) For fraudulent misrepresentation;
(c) For breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) Under Part I of the Consumer Protection Act 1987; or
(e) For any other liability that may not, under English law, be limited or excluded.

 


20.2 Subject to clause 20.1, we shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any:
(a) Losses which arise as a result of your unauthorised use of the Website (including any breach by you of these Terms);
(b) Losses that were not caused by our breach of these Terms;
(c) Losses which arise as a result of any act or omission of any third party;
(d) Any circumstance which we cannot reasonably be expected to control;
(e) Loss or profit; or
(f) Loss of business;

 

 

And any liability we do have for losses you suffer arising from any Contract shall not exceed £150 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. This will not affect any statutory rights that you may have as a consumer.

21. Events outside our reasonable control

 


21.1 We will not be liable or responsible for any failure to perform, or delay in our performance of our obligations under any Contract or these terms that is caused by events outside our reasonable control.

 


21.2 Our performance under any Contract is deemed to be suspended for the period that such event is ongoing, and we will have an extension of time to perform the Contract for the duration of that period. We will use our reasonable endeavours to bring the relevant event to a close or to find a solution by which our obligations under the Contract may be performed despite such event.

 

 

22. General

 


22.1 You may not transfer, assign or sub-license any or all of your rights or obligations under any Contract. We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

 

 

22.2 All notices given by you to us must be given in writing to the address set out in the contact us section. We may give notice to you at either the email or postal address you provide to us when placing an order.
22.3 If we fail to enforce, or delay in enforcing, any of our rights, that does not result in a waiver of those rights. If any provision of these Terms is found to be unenforceable, all other provisions will remain unaffected.
22.4 These Terms may not be varied except with our express written consent.
22.5 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract between us.
22.6 These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract. This clause shall not operate to exclude any representations made fraudulently. Contracts may be concluded in English only.
22.7 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.
22.8 These Terms and your access and use of the Website will be governed by English law. Any dispute regarding the Website, these Terms or any Contract will be dealt with by the English courts, provided that if you are a consumer and 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 may be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
22.9 Access to the Website or to any content from territories where use of the Website (or any part of it) is illegal or unlawful is expressly prohibited. If you choose to access the website from outside the United Kingdom, you do so of your own accord and are responsible for compliance with local laws.

 

 

23. Contact us
Please submit any questions you have about these terms or any problems concerning the website or its use to us by any of the following means:

• by email at [insert email]; or

• by post to [insert address].

Download Qbees order Cancellation Form here: