Terms & Conditions
Terms and Conditions
Welcome to the It’s Personal website (“our site”).
You are granted permission to access and use our site and its content for the sole purpose of preparing, evaluating, and ordering products solely through It’s Personal (hereinafter referred to as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. Obtaining Products from It’s Personal does not entitle you to use any portion of the Content other than from the finished Products as they are supplied to you by It’s Personal.
The terms “we”, “us”, “our”, refers to the owner of this website, namely It’s Personal.
The term “you” refers to the customer visiting our site and/or purchasing any of the Products through us on our site.
This website is offered to you conditional upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use our site. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of our site signifies your acceptance of the updated or modified Agreement.
Access to and Use of This Site
As a condition of your use of this website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this website in accordance with this Agreement, (iv) you will only use this website to place legitimate orders for yourself or for another person for whom you are legally authorised to act, (v) all information supplied by you on this website is true, accurate, current and complete, and (vi) if you have an It’s Personal account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
Access to this site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
To be able to purchase products on our site and lawfully enter into and form contracts on our site you must:
(i) Register by providing your real name, phone number, e-mail address, payment details and other requested information.
(ii) Stipulate a full delivery address. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
All orders are subject to acceptance by us.
It’s Personal sends an e-mail notice confirming acceptance of each order you place to the e-mail address you provided to us when signing up for an It’s Personal account. If you receive a confirmation for an order you did not place, please contact us immediately.
Contract Creation and Electronic Contracting
The steps required to create the contract between you and us are as follows:
(1) You place the order for your products on our site by pressing the “Pay Now” button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.
(2) We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from It’s Personal.
(3) Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in contract cancellation section.
(4) Non-acceptance of an order may be a result of one of the following:
(i) The product you ordered being unavailable from stock.
(ii) Our inability to obtain authorisation for your payment.
(iii) The identification of a pricing or product description error.
(iv) You not meeting the eligibility to order criteria set out in our Terms and Conditions.
The contract will be concluded in English.
Refusal of Transaction
We reserve the right to withdraw any products from our site at any time and/or remove or edit any materials or content on our site. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
We will not be liable to you or any third party:
(i) by reason of our withdrawing any product from our site whether or not that
product has been sold;
(ii) removing or editing any materials or content on our site;
(iii) refusing to process a transaction or unwinding or suspending any transaction
after processing has begun.
Copyright Materials for Limited Use
Our site contains graphics, photographs, images, document layouts, artwork, text, fonts and other information (hereinafter referred to as “Content”). Our site and the Content are the copyrighted property of It’s Personal (alternatively the copyrighted property of parties from whom It’s Personal has licensed such property.
You are expressly prohibited from copying, retaining, distributing, publishing or using the Content (or any portion thereof) except as expressly allowed in these terms if of use. It’s Personal reserves the right to add to, delete from or modify any part or all of the Content without prior notice. Any modifications to the Content remain the exclusive property of It’s Personal and its licensors.
The design tools provided on our site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. It’s Personal reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design element through your creation of any design and/or your incorporation of a design into one or more products. Other It’s Personal customers may use the design tools to create products that have similar or identical combinations of these elements and It’s Personal does not guarantee that your product will not have similarities to products designed and used by other parties.
Conditions of Sale
These Conditions apply where the Buyer wishes to order certain of the Company's Goods and the Buyer and the Company wish to regulate the sale and purchase of such Goods ("the order"). These Conditions have been brought to the attention of the Buyer.
1. INTERPRETATION AND DEFINITIONS "the Buyer" means the person who purchases Goods from the Company; “Company” It’s Personal; "Goods" means any goods agreed in the contract to be supplied to the Buyer by the Company (including any part or
parts of them).
2. YOUR STATUS
2.1. By placing an order through our site, you warrant that:
i. You are legally capable of entering into binding contracts; and
ii. You are at least 18 years old.
3. APPLICATION OF TERMS
3.1. Subject to any variation under this condition
3.2. The supply of Goods will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer
purports to apply under any purchase order, confirmation of order, specification or other document) and no terms or conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the Conditions.
3.3. These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by the Company. The Buyer acknowledges that no reliance has been placed on any such representations for which provision has not been made expressly in writing.
3.4. Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and the Buyer acknowledges that prior to any such order he has notice of and such order is made on the basis of these Conditions.
3.5. No order placed by the Buyer shall be accepted or deemed to be accepted by the Company until a written acceptance of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. For the avoidance of doubt an order confirmation or acknowledgement issued by the Company is not an acceptance of the Buyer's offer but merely confirmation of the contents of such offer and the Company reserves the right to decide whether to accept such offer in accordance with this clause.
3.6. The Buyer must ensure that the contents of its order are complete and accurate.
- 3.7. The Company reserves the right to treat each order accepted by the Company as a separate contract and the Company reserves the right to deliver the Goods by instalments. Where Goods are delivered by instalments the Company reserves the right to treat each instalment as a separate contract.
- 4. DESCRIPTION OF GOODS IN MARKETING MATERIALS
- 4.1. The Company’s marketing materials (“the Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract.
- 5. CONSUMER RIGHTS
- 5.1. Our Returns Policy, a copy of which can be found on our website, is incorporated into these Conditions.
- 6. DELIVERY
- 6.1. Delivery is on the terms set out in our Delivery Policy, a copy of which can be found on our website
- 7. RISK/TITLE
- 7.1. The Goods will be at your risk from the time of delivery.
- 7.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
- 8. PAYMENT
- 8.1. The price you will pay for our goods and services that you order from us are those set out in our site.
- 8.2. All prices are inclusive of VAT and are correct at the time of entering the information onto the system.
- 8.3. The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Delivery section of the shopping cart. Payment can be made by any of the methods specified in the Payment section of the shopping cart.
- 8.4. You confirm that the credit or debit card that is being used is yours.
- 8.5. Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds.
- 8.6. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
- 8.7. The total amount you pay is the same regardless of the type of credit or debit card you use.
- 8.8. Payment of the price for the Goods is due in full before delivery and failure to make payment on the due date shall without prejudice to the Company's other rights, entitle the Company to refuse delivery and/or cancel any contract between the Buyer and the Company. For the purposes of this condition only, the due date shall be the date of actual delivery or such date as the Company has communicated to the Buyer whether in writing or orally that it has the Goods in stock.
- 8.9. All payments payable to the Company under the contract shall become due immediately upon termination of contract despite any other provision.
- 9. WARRANTY AND LIABILITY
- 9.1. The Company shall not be liable for any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with any specification expressly agreed in writing by the Company (whether or not delivery is refused by the Buyer) or any other dissatisfaction of the buyer except, and only to the extent set out in the Returns Policy which is incorporated into the Conditions. THIS CONDITION 9 INCLUDING THE RETURNS POLICY INCORPORATED INTO THESE CONDITIONS IS A COMPLETE STATEMENT OF THE COMPANY'S WARRANTIES REGARDING THE GOODS AND SUBJECT TO CONDITION 10.2 IS IN LIEU OF ALL OTHER WARRANTIES, TERMS, REPRESENTATIONS OR CONDITIONS EXPRESS OR IMPLIED (WHETHER UNDER STATUTE, AT COMMON LAW OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES, TERMS, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF REVENUE, LOSS OF OPERATION TIME, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, WASTED MANAGEMENT OR STAFF TIME) ARISING OUT OF THE CONTRACT (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER FORM OF ACTION) OR ITS TERMINATION.
- 10. LIMITATION OF LIABILITY
- 10.1. Subject to condition 6 and 9 the following provisions set out the entire liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Buyer arising from any breach of these Conditions and any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
- 10.2. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 9, 10 and 13 of the Consumer Rights Act 2015) are, to the fullest extent permitted by law, excluded from the contract. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.
- 10.3. These conditions do not include or limit in any way the Company's liability:
- (a) For death or personal injury caused by the Company's negligence;
- (b) Under section 2(3) of the Consumer Protection Act 1987;
- (c) For fraud or fraudulent misrepresentation; or
- (d) For any matter for which it would be illegal for the Company to exclude, or attempt to exclude, the Company's liability.
THE BUYER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THE FOLLOWING CONDITIONS
- 10.4. Subject to condition 10.2 the Company shall not be liable to the Buyer for any loss of profit, loss of business, loss of goodwill, reputation, anticipated savings or revenues or any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer and the Company's entire aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of a contract shall not exceed the price of the Goods supplied.
- 10.5. The Buyer acknowledges and agrees that except as expressly provided in this Condition 10, the Company shall not be under any liability of any kind whatsoever and howsoever caused arising directly or indirectly in connection with this agreement.
- 10.6. The Buyer acknowledges and agrees that the allocation of risk contained in this contract is reflected in the price agreed by the Company and the Buyer.
- 11. TERMINATION
- 11.1. The Company reserves the right to accept or refuse any order and to cancel any uncompleted contract with the Buyer or to suspend in relation to a delivery under any contract if the Buyer fails to observe or perform any of these Conditions.
- 12. INDEMNITY
- 12.1. The Buyer shall indemnify the Company against all damage or injury to any person firm or Company against all proceedings charges and expenses for which the Company may become liable in respect of the Goods supplied by or on behalf of the Company except to the extent that such liability has been expressly admitted in these Conditions.
- 13. GENERAL
- 13.1. All patent, copyright, design, registered or unregistered trademark, confidential information, know-how or industrial or intellectual property rights ("Intellectual Property Rights") in all Goods and in the names "It’s Personal", and any other logos or trademarks appearing in or on or used in relation to the Goods shall remain vested in the Company and no right to licence or other rights are granted under any contract to the Buyer in respect of any Intellectual Property Rights except the right to resell the Goods in accordance with these Conditions.
- 13.2. In connection with the promotion, advertisement and marketing of the Goods the Buyer shall only use such advertising, promotional and selling materials and/or activities as are approved in writing by the Company and shall observe all directions and instructions given to it by the Company in relation to the promotion, advertisement and marketing of the Goods.
- 13.3. The Company reserves the right to defer the date of delivery or to cancel a contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the performance of any of the Company's obligations in relation to the Goods due to circumstances beyond the Company's reasonable control including, without limitation, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, and the Company shall not be liable to the Buyer.
- 13.4. Each right or remedy of the Company under any contract or these Conditions is without prejudice to any other right or remedy of the Company whether under any contract, these Conditions or not.
- 13.5. If any provision of a contract or those Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of any contract and the remainder of such provision shall continue in full force and effect.
- 13.6. Failure or delay by the Company in enforcing or partially enforcing any provision of any contract will not be construed as a waiver of any of its rights under the contract, and no waiver by the Company of any breach by the Buyer of these Conditions and no indulgence granted by the Company to the Buyer or otherwise shall affect the right of the Company in respect thereof or any subsequent breach and any waiver by the Company of any breach of any provision of the contract by the Buyer will not be deemed a waiver of any subsequent breach and will in no way affect the other terms of the contract.
- 13.7. The Buyer shall not be entitled to assign the contract or any part of it without the prior written consent of the Company. The Company may assign the contract or any part of it to any person, firm or Company. The parties to any contract do not intend that any term of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- 13.8. The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
- 14. COMMUNICATIONS
- 14.1. All communications between the parties about a contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission and (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a Company) or (in any other case) to any address of the Buyer set out in any document which forms part of the contract or such other address as shall be notified to the Company by the Buyer.
- 14.2. Communications shall be deemed to have been received, if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting), if delivered by hand, on the day of delivery or if sent by facsimile transmission on a working day prior to 4.00 p.m., at the time of transmission and otherwise on the next working day.
- 15. FRAUD CHECKS
- 15.1. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
Linking From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.