Terms of service

OVERVIEW

Welcome to Swift Ink. The terms "we", "us" and "our" refer to Swift Ink. Swift Ink is a trading name of Charlie Janek Munro, a sole trader based in Scotland, United Kingdom. We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Swift Ink is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Nothing in these Terms affects your statutory rights as a consumer. If you are a consumer, you have legal rights under the Consumer Rights Act 2015 and, where applicable, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and equivalent legislation in your country of residence. These Terms are in addition to, and do not reduce, those rights.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address and billing, payment and delivery details. You confirm that all the information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are responsible for maintaining the security of your account credentials and for activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to represent our products accurately. Please note that colours and appearance may differ from how they appear on your screen, depending on the device you use and its settings.

All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time, and to limit the quantities of any product we offer to any person, geographic region or jurisdiction.

Our temporary tattoos are made with vegan, skin-safe ink. If you have sensitive skin or a history of skin allergies, we recommend carrying out a small patch test before applying a design. Discontinue use if irritation occurs.

SECTION 3 - ORDERS

When you place an order you are making an offer to purchase. Swift Ink reserves the right to accept or decline your order. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once an order has been accepted and dispatched. Your right to cancel under the cooling-off period set out in our Refund Policy is unaffected.

If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.

Returns and exchanges are governed by our Refund Policy.

Our products are sold for personal or household use and not for commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, and will be set out in your order confirmation email.

Swift Ink is not currently registered for VAT, and no VAT is charged on orders. Posted prices do not include delivery charges, or any customs duties, import VAT or carrier handling fees that may apply to orders delivered outside the United Kingdom. Those charges are payable by you. See our Shipping Policy for details.

From time to time we may run promotions governed by their own terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to keep that information up to date so that we can complete your transactions and contact you as needed.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or other events outside our control. Full details are set out in our Shipping Policy.

Risk of loss or damage passes to you once the goods are delivered to you or to a person or location you have nominated.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Swift Ink or its licensors and are protected by United Kingdom and international copyright, trade mark, design and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants you a licence or other rights under any patent, trade mark, copyright or other intellectual property of Swift Ink, Shopify or any third party.

The Swift Ink name, logo and designs are trade marks of Swift Ink. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos and marks appearing on the Services are the trade marks of their respective owners, and their appearance does not imply any affiliation with, sponsorship by, or endorsement from those owners.

SECTION 7 - OPTIONAL TOOLS

You may be given access to third-party tools as part of the Services, which we neither monitor nor control.

You acknowledge that we provide access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools. Any use of them is at your own risk, and you should familiarise yourself with the terms on which they are provided by the relevant third party.

We may offer new features and tools through the Services in future. Those will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to leave the Services to access them, you do so at your own risk.

Please review the third party's policies and practices carefully before you engage in any transaction with them. Complaints, claims or questions about third-party products and services should be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Swift Ink is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Swift Ink. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Swift Ink, including any injury, damage or loss resulting from purchased products and services. You release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Swift Ink.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside. See our Privacy Policy for more detail.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise send us any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. We may, for example, use reviews you submit to promote the Services.

You confirm that: you own or have all necessary rights to your Feedback; you have disclosed any compensation or incentive received in connection with submitting it; and your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, to pay compensation for it, or to respond to it.

We may, but are not obliged to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms.

You agree that your Feedback will not infringe any right of any third party, including copyright, trade mark, privacy or other personal or proprietary right, and will not contain unlawful, abusive or obscene material or any malicious code. You may not use a false email address, impersonate anyone, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, delivery charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order. If we cancel an order for this reason after you have paid, we will refund you in full.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: for any unlawful or malicious purpose; to breach any applicable laws or regulations; to infringe our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, disparage or intimidate any person; to transmit false or misleading information; to send any unsolicited advertising or promotional material; to impersonate any person or entity; or to engage in any conduct that restricts or inhibits anyone else's use or enjoyment of the Services.

You also agree not to: upload or transmit viruses or any other malicious code; reproduce, duplicate, copy, sell or resell any portion of the Services; collect or track the personal information of others; spam, phish, pharm, spider, crawl or scrape; or interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable or terminate your account if we determine that you have breached any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services at any time, and you will remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Assignment, Governing Law and Privacy Policy, together with any other provisions that by their nature should survive.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on the Services is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by Swift Ink, and subject to the paragraph below, the Services and all products offered through them are provided "as is" and "as available" for your use, without representation, warranties or conditions of any kind, either express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

If you are a consumer, nothing in this section limits or excludes the statutory rights you have in relation to goods that are not of satisfactory quality, not fit for purpose or not as described.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Swift Ink shall not be liable for any indirect, incidental, special or consequential loss, including loss of profits, loss of revenue, loss of savings, loss of data or replacement costs, arising from your use of the Services or any products purchased through them.

Where we are liable to you, our total liability in respect of any order will not exceed the amount you paid for that order, except in the circumstances set out below.

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by the Consumer Rights Act 2015; or any other liability that cannot lawfully be excluded or limited. If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

SECTION 17 - INDEMNIFICATION

If you are using the Services other than as a consumer, you agree to indemnify and hold harmless Swift Ink, Shopify, and our partners, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of your breach of these Terms of Service, your breach of any law or the rights of a third party, or your access to and use of the Services.

We will notify you of any claim we seek to be indemnified for. We may control the defence and settlement of such a claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be treated as severed from these Terms. This will not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, including any prior versions of the Terms of Service.

SECTION 20 - ASSIGNMENT

You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations, provided this does not affect your rights under these Terms.

SECTION 21 - GOVERNING LAW AND JURISDICTION

These Terms of Service, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the law of Scotland. You and Swift Ink agree that the courts of Scotland shall have jurisdiction.

If you are a consumer resident in the United Kingdom outside Scotland, or in the European Union, this does not deprive you of the protection of the mandatory consumer protection laws of the country in which you live, and you may bring proceedings in the courts of that country.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at Hello@swiftink.co.uk.

Our details are:

Swift Ink
46 St Andrews Dr
Bearsden
Glasgow G61 4NW
Scotland, United Kingdom
Email: Hello@swiftink.co.uk

Swift Ink is a trading name of Charlie Janek Munro, a sole trader based in Scotland. Not registered for VAT.