Terms of Service and Use

Ok folks, this is a long one. The important stuff. The small print. Smug is here to get things right, deliver a quality experience and awesome products that make you feel Smug. If we fail, talk to us and we’ll make sure we do everything we can to keep you #SmugFace.

Acceptance of Terms

This website is operated by Smug (Smug Ltd, company number 12580086, 33 Braxfield Road, London SE4 2AW). The terms “we”, “us” and “our”, refer to Smug.

By visiting our site, creating an account, or purchasing something from us, “you”, the “user” engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.

Please read these Terms of Service carefully before accessing or using the Smug website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Age

These terms or User Agreement govern the relationship between you and us. This website (and the services provided through the website) can only be used if you agree to these terms. You may only use the website in accordance with these terms. Only persons aged sixteen years or over may agree to these terms and use the website or the services offered through the website.

Modification to terms

We may modify the terms of service, fees, charges, or any site content at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified. Modified terms come into effect as soon as they are posted on the website. The use of the website or any services provided through the website after that point will be subject to the modified terms. Your provision of any payment details deem that the terms are accepted by you, the buyer.

Use

You may access any part of the website that is not password protected.

Accounts

Access to some parts of the site is only available if you have a valid password. You must always keep your password secure. You will be responsible for any damage caused by unauthorised access resulting from your failure to keep your password secure. We may revoke your access at any time, without warning, at our sole discretion.

Illegal use and harm to our system

You agree that you will not use the Service to violate any laws set out under English Law nor interfere with or attempt to disrupt the Service by distributing a virus or harmful code into our platforms or other programs.

Reproduction of site content

  • You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the website.
  • You are not allowed to use the website (or to copy or use any material from the website) for any commercial purpose other than to conduct a transaction with Smug
  • You are not allowed to remove any copyright, trademark or any other intellectual property notices contained in any material copied or printed off from the website.

Operation of website

  • We may change the format and content of the website (or any products or services offered by this website) at any time.
  • We may terminate or suspend the operation of this website and the services offered for support or maintenance work, in order to update the website content or for any other reason. We may do this at any time and without notice.
  • You are advised to keep backups of all material uploaded or emailed to us.

Services

The website provides access to services and products to be used in accordance with these terms including but not limited to:

  • Ability to upload digital designs as files or images to the website, or by email for processing on your behalf;
  • Ability to browse images that have been transferred or uploaded to the website and to select designs to order;

Conditions of use

Smug allows you upload imagery and files direct to the website and may provide you with access to your uploads through your Account, in so doing:

  • You may submit, transfer or upload digital designs, images, pictures, data, text, photographs, graphics, messages, or other material (the “Content”) to the website yourself and store a copy providing Smug a licence to download, manipulate it
  • You confirm to Smug that you own or have permission to use the content
  • You retain all intellectual property rights, including copyright, to the content that you have uploaded to the website or emailed to Smug – we may delete, remove or refuse to display content at any time
  • You agree content uploaded by you (or by us on your behalf) which is then converted into custom product may (subject to the restrictions in these terms) be made available for viewing to other users of this site for display in our gallery with your permission
  • You allow us to display, modify, print, transmit, distribute or delete any of the images that you upload or email to us in order to provide any of the service offered by us via the website or as otherwise allowed by these terms

In the course of storing and manipulating your images or design files you:

  • Provide consent for us to apply various techniques to make generally accepted improvements to the quality of the image such as: removal of “red-eye”, brightness adjustments and enhancement; and detail enhancement
  • Accept that a design (except vector) or photograph when enlarged may lose some definition and that colour variation may occur in finished item
  • Will keep backups of all content provided to Smug

Removal of content

We may without notice and at our sole discretion delete or remove any content that has been uploaded, emailed or submitted for printing in breach of these terms. We may refuse to provide any further services to anyone who breaches these terms.

Limiting liability

You indemnify Smug, our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

  • Any use by you or your guests of this website in breach of these terms, any claim that the uploading or emailing of any content by you or on your behalf is an infringement of any third party’s copyright, trademark or other intellectual property rights. This includes any claim that the processing, printing or other dealing with by us, in accordance with these terms, of any images uploaded or emailed by you or on your behalf is an infringement of any third party’s copyright, trademark or other intellectual property rights.
  • A condition of allowing you to use the website and any services offered through it, that you have the right to copy, upload or otherwise deal with content in relation to the website and to allow us to process and otherwise deal with the content in accordance with these terms.
  • You may not upload, email to us, request us to print or otherwise deal in relation to the website with any content unless you have the right to do so and to allow us to use such content or other material in accordance with these terms. For example, you may not take content from another website or other publication and do anything with them unless you have the permission of the relevant rights owner.
  • You are not allowed to upload, email to us or order products of any content which contains pornographic, obscene, indecent or offensive material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or that may incite hatred or violence against any person or group, blasphemous material, defamatory or otherwise actionable material, images of any criminal act, material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party, material that breaches any applicable laws or legislation.
  • We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including the uploading or emailing of any images in breach of the above restrictions).
  • We may provide copies of any relevant content or material to relevant law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
  • You shall ensure your content does not infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an image that you upload to the Site and to authorise the subsequent use of it; misrepresent the User’s identity in any way or impersonate any person; including any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person; harass, upset, embarrass, alarm or annoy any person.

Although we prohibit the upload of images and other user content which infringes our content rules, we cannot control and monitor or pre-screen the use of our site. We may without notice delete any image or other user content which appears to breach our content rules or prevent any user of services (including purchase of products) which includes any such image or user content.

Order confirmation

You are responsible for ensuring all details submitted at time of checkout is accurate and complete, in order for us to provide the Service you require. These details include, but are not limited to:

  • Name, address, contact telephone number, mobile number, email address
  • shipping, billing and payment details
  • Product sizing and material choice
  • Specifications for any content uploaded

Once you have placed an order for any goods or services via this website using the Service, the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation will be by email. The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.

Pricing and discounts

Smug set prices and display these transparently on the website. Shipping costs where charged are displayed at checkout. We may change prices at our sole discretion, changes will be reflected on the website.

Discounts for schools

  • We offer specific discounts to support vulnerable young people
  • We determine the discount to be applied based on data for ‘free school meals’ at .gov.uk
  • The maximum discount we will offer in this regard is 20%
  • The minimum order value to access this discount must be £1,000
  • The discount must be requested at the time of order
  • Discounts are only available for DfE registered, non-fee paying organisations

Voucher codes

  • We may issue offer codes from time to time as part of a promotion
  • Offer codes may provide a free item or a discount on part of an order
  • Offer codes can only be used for online orders placed through this website
  • A maximum of one offer code can be used per order
  • Unless otherwise specified, postage and packing charges will still apply
  • Further conditions may apply and if so, will be published with the relevant offer code

Donated product

Smug supports UK registered charities, their employees and beneficiaries by donating one Smug for every qualifying order, that being:any order placed on our website. Bulk orders (schools and businesses do not qualify).

Smug undertakes to:

  • provide bespoke designed, hand-made Smug face-masks as donated product
  • publish details of donated product design on our website
  • maintain an accurate record of all qualifying orders
  • fulfill donated product regularly and at least once per month
  • publish the number of donated masks frequently
  • conduct an independent audit annually to verify product donated

Smug reserves the right to amend or withdraw the dontated product scheme at any time. In the event of such, it will fulfil any qualifying orders placed prior to the date of any scheme withdrawal.

Amendments and cancellations

All our products are bespoke printed and handmade. We wait at least 1 hour before executing any order. If you contact us within 1 hour of placing the order we can easily amend or refund your order. After this time, your order is sent to print and cannot be recalled. This time begins from when we issue a confirmation email or when you see the order confirmation screen at checkout.

Amendments

We may elect to contact you via email or phone to query, make changes or confirm your designs before we proceed with production of your order but we are under no obligation to do so. If you do not respond to our queries, this may delay your order.

Likeness

Whilst we do our best to ensure images of our products are good likeness we do not warrant that the final item will be exactly as per the images contained in this website. We are constantly iterating and making improvements to design and materials based on customer feedback. We reserve the right to use alternative materials in production, to those stated on the website from time to time and will notify you if this affects your order.

Personalisation

We print designs based on the image or file you supply. It is your responsibility to ensure the quality of the image or file provided, and that it is uploaded in the format and resolution specified. We do not manually check files, alter or adulterate them in any way. However, if our team spots something obviously amiss we may contact you to discuss the order prior to printing.

Non-faulty goods

Where workmanship is not to blame, we cannot accept returns of non-faulty items because the products have been personalised specifically for you. However, at our discretion we may elect to offer some other remedy to keep you smug

Sizing

All our products are hand cut and stitched to a template size. It is your responsibility to check the dimensions of the template and select the right one. As with all handmade products there may be some minor variation in size and shape, but we endeavour to deliver a quality product as close to the design and any preview we show you on the website.

Terminating an order

We may terminate your order without notice at our sole discretion. We will refund any monies due in such a circumstance.

Refunds

If your order is personalised we cannot provide a refund should you cancel the order after 1 hour, but we may at our discretion, discuss other remedies.

Non-personalised products

If your order is not personalised you have the right to a refund if you notify us of your intent to cancel within 14 days of placing the order.

In this instance you must return the product to us within 14 days of notifying us of cancellation, unused and in its original packaging. You are responsible for returning the item and any costs associated.

Where the product is returned in a satisfactory condition we will arrange for a full refund, replacement or voucher code as agreed with you.

Bulk orders

All orders made directly with Smug (schools and businesses) and not using the website upload tool are considered Business-to-Business contracts falling outside of relevant Consumer rights legislation.

Complaints

If for some reason you’re unhappy with the service, or wish to raise fault with the order or product you must tell us using the contact form on the website or by emailing hello@smug.org.uk no later than 14 days from when your order was shipped.

We may ask for a photo the problem, and on occasion, for you to return the item so we can inspect it properly. Where we do so we will arrange for a return at no cost to you. If there is a fault with the product, mistake or other quality issues we will repair, replace, or refund.

Delivery

Delivery advice is published and updated on our website. This serves as guidance and we do not warrant that the products will be with you on a specific date. We will do our best to meet these timelines. We do not currently ship outside of the UK.

Data protection

Personal data provided to us through this website will only be used in accordance with our privacy policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our privacy policy.

Indemnity

Smug Ltd including its staff, directors, agents, venture partners, associates or other officers must be held protected from any claim or demands made by any third party caused by or arising from your breach of this agreement. You indemnify Smug for any demands or claim including reasonable legal fees arising from such a claim for your violation of law or any rights of a third party.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. Smug reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to hello@smug.org.uk