Terms of service: an agreement between you and Inspiration Ltd. to enter and use our website and services
Welcome to the Inspiration website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1. Inspiration Ltd. Services:
- Create, design, customize products that are listed for sale.
- Buy products that are listed for sale
- Save and share designs that you may have created.
- Use our fun picture and design tools.
- Save created images and designs into public and personal galleries.
- Post your created images to social networks or blogs that you have the legal right to do so
- Registering to subscribe to special offers and use of galleries.
2. Using our Services and Website:
2.1 ELIGIBILITY CHILDREN UNDER 18.
Inspiration Ltd. will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
- A person means any form of legal entity as well as any quasi-legal entity.
- A User means any person using the website and/or services provided by us
- A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
- The word includes in any form is not a word of limitation.
3 User's Obligations
Users are and shall be wholly and exclusively responsible, at their own cost, for:
- all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
- the use that it makes of the Website, including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
- complying with all laws, regulations and rules in the uses country or jurisdiction;
- complying with any recommendations or guidelines issued with respect to the use of the Website and/or services and
3.2 Restrictions on Users
Users shall not and have no right to either:
- reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
- use either the Website to supply any service to any person; or
- modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
- access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
- infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
- is libellous, defamatory or slanderous,
- condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
- contains explicit sexual content,
- does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
- is designed to or does harass, threaten, defame or abuse others,
- exploits images or the likeness of minors,
- encourages the use of drugs or the under-age use of alcohol or cigarettes, or
- is generally offensive or in bad taste;
- use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
- use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website,
- take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
- collect electronic mail addresses or other information from our Website,
- impersonate another person or entity,
- engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
- frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.
4. Inspiration Ltd. Obligations
User acknowledges that Inspiration Ltd. has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
Inspiration Ltd. reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Inspiration Ltd. shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
5.2 Prohibition on infringement
User acknowledges and agrees that Inspiration Ltd. does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Inspiration Ltd. an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
5.4 Publicity, Social Media and Advertising
Unless specifically prohibited by the user at time of ordering, Inspiration Ltd. reserves the right to use any photographs, artwork and publicity material derived from printing glassware or other products in its own publicity, Social Media and advertising campaigns, mailshots and press releases.
User Account, Password, and Security. You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Inspiration Ltd. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Inspiration Ltd. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7.1 Users warranties
User represents and warrants to Inspiration Ltd. that, in its use of the Website and the Services provided, it:
- will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
- will comply with all applicable laws, rules, and regulations.
- User further represents and warrants to Inspiration Ltd. that:
- there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
- Inspiration Ltd. will not be required to make any payments or compensation to any person in connection with its use of such content; and
- such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
7.2 Inspiration's warranties
- be uninterrupted or free of errors and inaccuracies;
- meet users requirements; or
- operate in the configuration or with the hardware or software used by user.
- User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
- Inspiration Ltd. does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Inspiration Ltd. is not liable.
- Inspiration Ltd. does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY INSPIRATION, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
8. Exclusion and Limitation of Liability
8.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorised by Inspiration Ltd.;
- accident, misuse or abuse by anyone other than Inspiration Ltd.;
- alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Inspiration Ltd.;
- products (including any hardware or software) or services not licensed or supplied by Inspiration Ltd.;
- power surge or failure,
- events of force majeure or events outside Inspiration's actual control; or
- any other condition not arising under normal operating conditions;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Inspiration Ltd. has been advised of the possibility of any particular loss or damage.
Inspiration Ltd. may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Inspiration Ltd. is not responsible for the operation of or content located on any such website, and Inspiration Ltd. cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Inspiration Ltd. for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
9.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.5 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of these courts, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.
11. Use of Organic Inks
Inspiration uses organic inks as standard when printing glassware to preserve the properties of toughened glass where possible. Please note, organic inks are not immune from scratches and may fade over a prolonged period of continual heavy use and where dishwashers are routinely used. We are able to use non-organic inks by request but due to their high-temperature firing requirement, there may be a loss of toughening to the glassware with a shorter life being the result. Similarly, where glassware is decorated using decals which require high-temperature firing, some loss of toughening will occur.
Our in-house laser nucleation is applied to a standard tried and tested depth which has proven to be the optimum for the particular glassware being used. By default, the nucleation will not be visually aligned consistently with print on the glassware.
13. Contract Print
When a customer supplies their own materials for printing by Inspiration the following shall apply:
1. Customer warrants that all materials supplied by them will be of new and standard quality, free of defects, labels and stickers.
2. Any failure of those materials supplied by the Customer is the Customer's sole responsibility for repair or replacement.
3. In the event of poor quality of print Inspiration's liability will be for the print only and no other loss, consequential or otherwise will be applicable.
4. Due to the various nature of printed items supplied. The client should provide for an error rate of not more than 5% notwithstanding clause 3 above.
14.1 Deliveries must be booked in advance to arrive on Tuesdays and Thursdays.
14.2 Goods must be clearly labelled with the order number and job title where applicable.
14.3 Goods not booked in will not be accepted and this will impact lead times.
15. Quote / Approval / Order confirmation
15.1 Subject to sight of artwork and supplied stock and is valid for 30 days.
15.2 Full approval is when:
- the quote is approved in writing
- the artwork has been approved
- full details received of the delivery address and date required
- payment terms have been met
- lead times will commence from the date all the above are complied with.
16. Payment Terms
16.1 Inspiration Ltd. standard terms are 28 days net / account. Interest will be charged on overdue accounts. Court action will be taken to recover unpaid amounts.
16.2 Proforma invoices may be issued for certain orders or new accounts.
16.3 Applications to change our standard terms are at the discretion of Inspiration Ltd.
16.4 Inspiration Ltd. reserve the right to perform a credit check on any new or existing customers.
16.5 If you fail to pay us in full on the due date:
16.5.1 We may suspend or cancel future deliveries;
16.5.2 We may cancel any discount offered to you;
16.5.3 You must pay us interest at the rate set under s.6 of the Late Payment of
Commercial Debts (Interest) Act 1998
a. Calculated (on a daily basis) from the date of our invoice until payment; b. Compounded on the first day of each month; and
c. Before and after any judgment (unless a court orders otherwise);
16.5.4 We may claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
16.5.5 We may recover (under clause 5.7) the cost of taking legal action to make you pay.
16.6 If you have an approved credit account, we may withdraw it or reduce your credit
limit or bring forward your due date for payment. We may do any of those at any time
16.7 You do not have the right to set off any money you may claim from us against anything
you may owe us.
16.8 While you owe money to us, we have a lien on any of your property in our possession.
16.9 You are to indemnify us in full and hold us harmless from all expenses and liabilities we
may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
17. Lead Times
17.1 Our stated lead times are subject to change during busy periods.
17.2 Lead times are subject to availability of stock from suppliers.
17.3 Inspiration Ltd. will charge additional rush-order fees by prior agreement with the client for jobs required urgently or in advance of the normal lead time.
18. Customers' receipt of goods.
18.1 Shortages, damage and other issues must be reported within 7 days of receipt of goods / invoice.
18.2 Goods supplied by Inspiration Ltd are deemed to be of merchantable quality if they reasonably conform to an ordinary buyer's expectations.
18.3 Shortages on delivery are allowed within a limit of 5% (see 13.4 above).
18.4 All times quoted for delivery or processing are estimates only.
18.5 If we fail to deliver or process the goods within a reasonable time, you may (by informing us in writing) cancel the contract, however:
18.6 You may not cancel if we receive your notice after the goods have been dispatched or after we have begun processing the goods; and
18.7 If you cancel the contract, you can have no further claim against us under that contract.
18.8 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
19.1 Until you pay all debts you may owe us:
19.1.1 All goods supplied by us remain our property;
19.1.2 You must store them so that they are clearly identifiable as our property;
19.1.3 You must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
19.1.4 You may use those goods and sell them in the ordinary course of your business, but not if:
a. We revoke that right (by informing you in writing); or
b. You become insolvent.
19.2 You must inform us (in writing) immediately if you become insolvent.
19.3 If your right to use and sell the goods ends you must allow us to remove the goods.
19.4 We have your permission to enter any premises where the goods may be stored:
19.4.1 At any time, to inspect them; and
19.4.2 After your right to use and sell them has ended, to remove them, using reasonable
force if necessary.
19.5 Despite our retention of title to the goods, we have the right to take legal proceedings to
recover the price of goods supplied should you not pay us by the due date.
19.6 You are not our agent. You have no authority to make any contract on our behalf or in
20. Return of Goods
20.1 We will accept the return of goods from you only:
20.1.1 By prior arrangement (confirmed in writing);
20.1.2 On payment of an agreed handling charge (unless the goods were defective when
20.1.3 Where the goods are as fit for sale on their return as they were on delivery.
21.1 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
21.2 We may suspend or cancel the order, by written notice if:
21.2.1 You fail to pay us any money when due (under the order or otherwise); 21.2.2 You become insolvent;
21.2.3 You fail to honour your obligations under these terms.
21.3 You may not cancel the order unless we agree in writing.
22. Waiver and Variations
22.1 Any waiver or variation of these terms is binding in honour only unless: 22.1.1 Made (or recorded) in writing;
22.1.2 Signed on behalf of each party; and
22.1.3 Expressly stating an intention to vary these terms.
22.2 All orders that you place with us will be on these terms (or any that we may issue to
replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
23. Force Majeure
23.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
23.2 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
24.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
24.2 If you are more than one person, each of you has joint and several obligations under these terms. 24.3 If any of these terms are unenforceable as drafted:
24.3.1 It will not affect the enforceability of any other of these terms; and
24.3.2 If it would be enforceable if amended, it will be treated as so amended. 24.4 We may treat you as insolvent if:
24.4.1 You are unable to pay your debts as they fall due; or 24.4.2 You (or any item of your property) become the subject of:
a. Any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
b. Any application or proposal for any formal insolvency procedure; or
c. Any application, procedure or proposal overseas with similar effect or purpose.
24.5 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
24.6 Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
24.7 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
24.8 The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either:
24.8.1 Contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
24.8.2 Which expressly state that you may rely on them when entering into the contract.
24.9 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.