1. About GreetingKards
GreetingKards is a digital greeting-card service. It allows a purchaser to choose one
digital card, enter recipient and delivery details, customise the card, invite other
people to contribute, preview it, and schedule electronic delivery.
GreetingKards is operated from the United Kingdom by:
2. Who these Terms apply to
These Terms apply to people who purchase a card (“Purchasers”) and people who
use a signing link to add content to a card (“Contributors”).
You must be at least 18 years old to place an order. A Contributor who is under 18
should only use GreetingKards with the permission and supervision of a parent or guardian.
3. The GreetingKards service
GreetingKards currently operates a single-card purchase flow. Each order relates to
one digital greeting card. No physical card or other physical product is supplied.
Depending on the card and the options available at the time, the service may include:
- choosing a card design;
- entering recipient, sender and delivery details;
- adding text, images and GIFs;
- inviting others to contribute using a private signing link;
- previewing and editing the card before it is sent; and
- scheduling electronic delivery.
Features may change over time, but changes will not remove any statutory rights
that apply to an existing order.
4. Orders and when a contract is formed
Before placing an order, you are responsible for checking the card selected,
recipient details, sender details, delivery details, scheduled send time and total price.
When you submit an order, you are making an offer to purchase or obtain that card
on these Terms. A contract is formed when we accept the order and provide confirmation
that the card has been created or made available.
We may refuse or cancel an order before acceptance where, for example, there is an
obvious pricing error, suspected fraud or misuse, a technical problem that prevents us
from supplying the card, or we are legally required to do so. If you have already paid
and we cancel the order, we will refund the amount paid.
5. Paid Orders and Free Orders
These Terms distinguish between:
-
Paid Orders: orders for which money is paid, or where the card is
obtained using a voucher, credit, token or similar facility that was itself purchased
for money; and
-
Free Orders: orders for which no money is paid and no purchased
voucher, credit, token or similar facility is redeemed.
A promotional code or voucher that was provided free of charge and reduces an order to
£0 will normally be treated as a Free Order. A voucher or credit that was itself bought
for money is treated differently because statutory consumer rights may still apply as if
the digital content had been paid for.
6. Prices, payments and promotional vouchers
The price shown at checkout is the total price for the card, including applicable taxes
where required. Payments are processed by third-party payment providers. GreetingKards
does not store full payment-card details.
Promotional vouchers or discount codes may be subject to expiry dates, eligibility rules,
usage limits or other conditions shown when they are issued. They have no cash value
unless we expressly state otherwise.
We may refuse or cancel a promotional voucher where it has been obtained or used
fraudulently, unlawfully or contrary to the conditions on which it was issued.
7. Immediate digital supply and cancellation rights
GreetingKards is digital content supplied online and is normally made available
immediately after checkout.
Where the law gives you a 14-day cancellation right, we will ask you at checkout to
expressly request that supply begins immediately and to acknowledge that, once supply of
the digital content begins, you lose that cancellation right.
Your statutory rights if digital content is faulty, not as described or otherwise does
not meet legal requirements are separate from the cancellation right and are not excluded
by these Terms.
8. Card links, editing and contributors
GreetingKards uses private links to provide access to card editing, management,
signing and viewing functions. These links should be treated like private access keys.
Anyone who receives a signing or editing link may be able to open the relevant card
and, depending on the link, add or change content. You are responsible for deciding who
you share those links with.
We are not responsible for changes made by someone to whom you, or another authorised
person, intentionally or accidentally provided a private card link, unless the problem
was caused by a security failure for which we are legally responsible.
9. User Content
Purchasers and Contributors may add messages, names, images, GIFs and other material
to cards (“User Content”).
You must only upload or add User Content that you have the right to use. You must not
add content that is unlawful, threatening, abusive, discriminatory, defamatory,
fraudulent, sexually exploitative, invasive of another person’s privacy, or that infringes
intellectual-property or other rights.
You remain responsible for your User Content. You grant GreetingKards a non-exclusive,
worldwide, royalty-free licence to host, copy, resize, display, transmit and otherwise
process that User Content only as reasonably necessary to operate, secure and deliver
the GreetingKards service.
We may remove or restrict access to User Content where we reasonably believe it breaches
these Terms, infringes another person’s rights, creates a security risk or must be removed
by law.
10. Third-party content and services
Some features may rely on third-party providers, for example payment processing,
email delivery or GIF and media services. Third-party content remains subject to the
rights and terms of its respective owner or provider.
We are not responsible for a third-party service being temporarily unavailable where
that is outside our reasonable control, although this does not affect any legal remedy
you may have where GreetingKards itself fails to meet a statutory obligation.
11. Scheduled delivery
We will use reasonable care to send the card using the recipient email address and
scheduled time provided by the Purchaser.
Email delivery can be affected by matters outside our control, including incorrect email
addresses, recipient mailbox rules, spam filtering, full mailboxes, email-provider outages,
network failures and recipient-device settings. A card being sent by GreetingKards does not
guarantee that a particular recipient email provider will place it in the recipient’s inbox.
The Purchaser is responsible for checking the recipient email address and scheduled send
time before delivery.
12. Availability and maintenance
We aim to keep GreetingKards available and reliable, but no online service can be
guaranteed to operate without interruption. We may carry out maintenance, security work
or technical updates.
Where reasonably possible, we will try to avoid planned work interfering with a scheduled
card delivery. This section does not limit rights that the law says cannot be limited.
13. Problems, refunds and statutory rights
If a Paid Order is faulty, not as described, unavailable because of a problem for which
we are responsible, or otherwise does not meet applicable consumer-law requirements,
you may have statutory rights to remedies such as repair, replacement, repeat performance,
a price reduction or refund, depending on the circumstances.
Nothing in these Terms removes or reduces those statutory rights.
Our additional refund arrangements are described in our
Refund Policy.
Free cards
14. Free Orders
A Free Order is provided on a complimentary basis. Because you pay nothing for it,
the service is supplied without any additional commercial guarantee beyond rights and
duties that the law says apply.
To the fullest extent permitted by law, we do not promise that a Free Order will always
remain available, be delivered at a particular time, or operate without interruption or
error. If a Free Order is unavailable, delayed or fails, our normal remedy may be to try
to restore the service, allow you to try again, or discontinue the free feature.
To the fullest extent permitted by law, GreetingKards is not responsible for losses
arising solely from the unavailability, delay, non-delivery or malfunction of a Free Order,
except where the loss is caused by our negligence, fraud, breach of a duty that cannot
legally be excluded, or another matter for which the law does not allow us to exclude
responsibility.
Nothing in this section prevents you from bringing a claim where the law gives you a
non-excludable right to do so. In particular, these Terms do not exclude liability for
death or personal injury caused by negligence.
15. Our responsibility for Paid Orders
If we fail to comply with these Terms, we are responsible for loss or damage you suffer
that is a foreseeable result of our breach of contract or our failure to use reasonable
care and skill.
We are not responsible for loss or damage that is not foreseeable, for problems caused
by information you entered incorrectly, or for failures caused solely by events outside
our reasonable control.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so,
including liability for death or personal injury caused by negligence, fraud or fraudulent
misrepresentation, or statutory consumer rights that cannot legally be excluded or restricted.
16. Intellectual property
GreetingKards, its software, branding, site design and card artwork are owned by
GreetingKards or used under licence, except for User Content and third-party material.
Purchasing or receiving a card does not transfer ownership of those intellectual-property
rights. You may use a card for its intended personal greeting-card purpose, but you may not
copy, scrape, reproduce, resell, redistribute or commercially exploit the service or card
artwork unless we or the relevant rights holder expressly permit it.
17. Misuse of the service
You must not misuse GreetingKards, attempt to bypass its access controls, probe or attack
its systems, interfere with another person’s card, use automated tools to scrape the service,
or use the service for unlawful activity.
We may restrict or suspend access where reasonably necessary to protect users, cards,
systems or third-party rights, or to comply with law.
18. Privacy and cookies
Our handling of personal information is described in our
Privacy Policy. Information about cookies and similar technologies
is set out in our Cookie Policy.
19. Changes to these Terms
We may update these Terms for future use of GreetingKards, for example to reflect changes
to the service, law or security requirements.
The Terms that applied when an order was placed will continue to govern that order unless
a change is required by law or you expressly agree otherwise.
20. Governing law and disputes
These Terms are governed by the law of England and Wales.
If you are a consumer, this does not take away any mandatory protections you have under
the law of the country in which you live, or any right you have to bring proceedings in
a court that applicable consumer law makes available to you.
If something goes wrong, please contact us first at
contact@greetingkards.com so that we can try to resolve it.