Terms of service

Welcome to EVERHOLD. EVERHOLD is operated by Everhold Studio Ltd. The terms "we", "us", "our" and "EVERHOLD" refer to Everhold Studio Ltd.

EVERHOLD operates this store and website, including all related information, content, features, tools, products and services (the "Services"). EVERHOLD is powered by Shopify, which enables us to provide the Services.

These Terms of Service, together with any policies expressly incorporated into them by reference (the "Terms"), govern your access to and use of the Services and purchases made from EVERHOLD.

By accessing or using the Services, or by placing an order with EVERHOLD, you agree to be bound by these Terms.

Our Privacy Policy explains how we collect, use and disclose personal information.

SECTION 1 - ACCESS AND USE

When using the Services or placing an order, you may be required to provide information including your email address, billing information, payment details and delivery information.

You are responsible for ensuring that all information you provide is accurate, current and complete and that you have the right and authority to provide it.

You must use the Services only for lawful purposes and in accordance with these Terms.

SECTION 2 - OUR PRODUCTS

Magnetic performance depends on the surface to which the product is applied. EVERHOLD does not guarantee adhesion to every refrigerator, appliance or metal-looking surface. Products should only be used on suitable magnet-compatible surfaces. We take reasonable steps to describe and display our products accurately. Images, photographs, colours and other product representations displayed through the Services are for illustration and may appear differently depending on the device, display settings and configuration used to view them.

Minor variations in colour, brightness, positioning, trim and finish, together with minor manufacturing tolerances in dimensions, may occur as an inherent result of the printing, cutting and production process, provided that the product remains of satisfactory quality and conforms to its description and the order submitted.

The appearance and print quality of a personalised product depend substantially on the photograph or image supplied by you.

EVERHOLD is not responsible for blurring, pixelation, compression, low resolution, screenshots, filters, poor lighting, discolouration, image noise or other image-quality issues that originate from, or are inherent in, the file supplied by you.

A screen preview is intended to assist with positioning and personalisation and is not a colour proof or guarantee that colours displayed on a screen will exactly match the finished printed product.

Product descriptions, specifications and availability may be updated from time to time. Changes will not retrospectively alter an order already accepted by EVERHOLD.

We may discontinue a product or limit the quantity of products available to any person, geographic region or jurisdiction at any time before an order is accepted.

SECTION 3 - ORDERS AND PERSONALISED PRODUCTS

When you place an order, you are making an offer to purchase from EVERHOLD. Your order is accepted and a contract is formed when payment has been successfully processed and we send you an order confirmation.

You are responsible for checking your entire order before submitting it, including:

  • the correct photograph or image;
  • image quality and resolution;
  • cropping and positioning;
  • orientation;
  • personalisation details;
  • spelling and other information entered by you;
  • product size;
  • quantity;
  • billing information; and
  • delivery information.

The photographs, images, crop, positioning, selections and personalisation submitted with your order will be treated as your approved production instructions.

Unless we expressly agree otherwise, EVERHOLD does not manually proof, edit, retouch, enhance, correct or verify photographs, images, cropping, spelling, personalisation or other customer-supplied content before production.

We are not required to identify or warn you about errors or quality issues that are visible in, or originate from, the material or selections supplied by you.

EVERHOLD is entitled to rely on the information, selections and content submitted with your order.

We are not responsible for errors, omissions or quality issues originating from photographs, images, personalisation details, product selections or other information supplied or approved by you, except to the extent that the issue results from an error made by EVERHOLD.

Personalised products are produced using your specifications. The statutory right to cancel applicable to certain distance contracts does not apply to goods made to the consumer's specifications or clearly personalised. Once a personalised order has been accepted, EVERHOLD is not required to accept a cancellation or change unless required by applicable law, although we may agree to a request at our discretion. 

We may decline an order before acceptance where reasonably necessary, including where:

  • payment cannot be authorised or processed;
  • a product is unavailable;
  • there is an obvious and material pricing or product-description error;
  • an uploaded photograph, image or file is corrupted, unsupported, technically unsuitable or cannot reasonably be processed;
  • we reasonably suspect fraud, unauthorised payment activity or misuse;
  • the order or customer-supplied content breaches these Terms or applicable law;
  • fulfilment would expose EVERHOLD or a service provider acting on our behalf to a material legal, intellectual property, security or regulatory risk; or
  • we are otherwise unable lawfully to fulfil the order.

If an issue arises after an order has been accepted and means that we cannot lawfully or reasonably fulfil the affected order as agreed, we may cancel the affected part of the order. Where we cancel an accepted order, we will refund the amount paid for any product that will not be supplied.

If you place an order on behalf of a business or other organisation, you confirm that you have authority to bind that business or organisation to these Terms.

Bulk, trade or commercial orders may be subject to additional or separately agreed terms. Where separately agreed written terms conflict with these Terms, the separately agreed terms will prevail to the extent of the conflict.

Returns, replacements and refunds are handled in accordance with our Return & Refund Policy.

SECTION 4 - PRICES, PAYMENT AND PROMOTIONS

Prices may change without notice before an order is placed.

Subject to the provisions of these Terms relating to obvious pricing errors, the price applicable to an accepted order will be the price shown when the order was submitted.

Prices displayed through the Services include applicable taxes where required. Delivery charges, where applicable, are shown separately before the order is submitted.

Promotions, discounts and promotional codes may be subject to additional conditions, including validity periods, qualifying products, minimum order values and usage restrictions.

Unless expressly stated otherwise, promotional codes:

  • cannot be exchanged for cash;
  • cannot be applied retrospectively to an order already placed;
  • may not be combined with another promotion or code; and
  • may be withdrawn or changed before an eligible order is accepted.

Where specific promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.

You must provide current, complete and accurate purchase, payment and billing information.

By submitting payment details, you confirm that you are authorised to use the selected payment method.

We may take reasonable steps to verify payment information or prevent suspected fraud.

If an authorised payment is subsequently reversed or disputed before fulfilment, we may suspend the affected order while the payment issue is investigated where reasonably necessary.

SECTION 5 - SHIPPING AND DELIVERY

Available delivery methods, charges and estimated production and delivery time frames will be displayed through the Services, at checkout or in our Shipping & Delivery Policy [LINK].

Production, dispatch and delivery dates are estimates unless we expressly agree otherwise.

We may use third-party carriers and delivery providers.

You are responsible for providing a complete and accurate delivery address and any information reasonably required to complete delivery.

EVERHOLD is not responsible for delay, failed delivery or additional delivery costs caused by:

  • Incorrect or incomplete delivery information supplied by you
  • Your failure to accept or collect a delivery
  • Another circumstance caused by or within your control

Where an order is returned to us because of incorrect or incomplete delivery information, failure to accept delivery or failure to collect the order, we may require payment of reasonable additional delivery charges before re-dispatching it.

Products remain at our risk until delivered into your physical possession or the physical possession of a person identified by you to receive them on your behalf.

SECTION 6 - CUSTOMER CONTENT AND INTELLECTUAL PROPERTY

Except for customer-supplied content and content belonging to third parties, all content and materials made available through the Services, including text, graphics, product photographs, video, designs, layouts, artwork, branding, logos and the selection and arrangement of those materials, are owned by or licensed to Everhold Studio Ltd and are protected by applicable intellectual property laws.

Except where permitted by law or with our prior written consent, you must not reproduce, copy, distribute, modify, republish, publicly display, commercially exploit, reverse engineer or otherwise use material owned by or licensed to EVERHOLD.

Nothing in these Terms transfers ownership of EVERHOLD intellectual property to you.

The EVERHOLD name, logo and branding are owned by or licensed to Everhold Studio Ltd and may not be used without our prior written permission where such permission is required.

Your photographs and other content

You retain any ownership rights you hold in photographs, images and other content supplied to us.

By uploading or otherwise supplying content to EVERHOLD, you confirm that:

  • You own the content or have the rights or permissions necessary to provide it to us
  • You have any permissions reasonably necessary for us to process and use the content for fulfilment of your order
  • The content does not infringe another person's copyright, trade mark, privacy or other legal rights
  • Providing and using the content for the purposes contemplated by your order does not breach applicable law

You grant Everhold Studio Ltd a limited, non-exclusive right to process, crop, resize, reproduce, print and otherwise use customer-supplied content as reasonably necessary to:

  • Process and fulfil your order
  • Manufacture the personalised product
  • Provide customer support
  • Deal with complaints, refunds or replacements
  • Operate and protect the Services
  • Exercise or defend legal rights
  • Comply with legal or regulatory obligations

We may permit service providers, contractors or subcontractors acting on our behalf to process the content where reasonably necessary for these purposes.

No obligation to inspect customer content

EVERHOLD is not required to review, monitor, investigate or verify every photograph, image or other item of customer-supplied content before accepting or producing an order.

Our processing or production of an order does not constitute confirmation that customer-supplied content is lawful or that you hold the necessary rights or permissions.

We may refuse to process, suspend or cancel an order where we reasonably believe that customer-supplied content is unlawful, infringes another person's rights, breaches these Terms or creates a material legal or security risk.

Storage of uploaded content

The Services are not intended to operate as a permanent image-storage or backup service.

You are responsible for retaining your own copies of photographs, images and other files supplied to EVERHOLD.

We are not required to retain customer-supplied files indefinitely and may delete them in accordance with our Privacy Policy and applicable retention practices.

We do not guarantee that a previously uploaded file will remain available for a future reorder or replacement.

Promotional use

Supplying a photograph, image or file for a personalised order does not by itself give EVERHOLD permission to use it in public advertising, social media or other promotional material.

Such use will only take place where the permission or consent required for that use has been obtained.

Where you separately authorise promotional use of customer-supplied content, you confirm that you have the rights and permissions necessary to grant that authorised use.

For the scope of that authorisation, you grant Everhold Studio Ltd a non-exclusive, royalty-free licence to reproduce, crop, resize, edit, format, publish, display and otherwise use the relevant customer-supplied content as reasonably necessary for the authorised promotional purposes.

This does not transfer ownership of the original photographs or other customer-supplied content to EVERHOLD.

Where EVERHOLD creates promotional materials using properly authorised customer-supplied content, Everhold Studio Ltd retains ownership of the original design, layout, graphics, text, video, editing and other creative elements created by EVERHOLD, to the extent owned by EVERHOLD.

SECTION 7 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, features, payment services or functionality supplied by third parties.

Third-party services may be subject to separate terms and privacy policies imposed by their providers.

To the extent that a third-party service operates independently of EVERHOLD and is outside our control, we are not responsible for its availability, content or operation.

We may add, modify, suspend or remove optional tools or features from the Services from time to time.

Nothing in this section affects our responsibility for third parties acting on our behalf in performing our contractual obligations.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites, services or platforms operated independently by third parties.

EVERHOLD does not control independent third-party websites or services and is not responsible for their content, availability, accuracy or practices.

The inclusion of a link does not by itself constitute endorsement of the relevant third party, product or service.

Any separate transaction entered into directly between you and an independent third party is between you and that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

EVERHOLD is powered by Shopify, which provides the ecommerce platform enabling us to operate the Services.

Any contract for the purchase of EVERHOLD products is between you and Everhold Studio Ltd.

Shopify is not the seller of EVERHOLD products and is not a party to that sales contract.

SECTION 10 - PRIVACY

We process personal information in accordance with our Privacy Policy .

SECTION 11 - FEEDBACK AND REVIEWS

If you submit a review, rating, comment, suggestion, idea or other feedback relating to EVERHOLD or the Services ("Feedback"), you retain any intellectual property rights you hold in that Feedback.

By submitting Feedback to EVERHOLD for publication or use, you grant Everhold Studio Ltd a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and reasonably format that Feedback in connection with operating, improving and promoting EVERHOLD and the Services.

Feedback must be genuine and lawful.

You must not submit Feedback that is:

  • Fake, fraudulent or knowingly misleading
  • Submitted using a false identity
  • Defamatory, abusive, threatening or obscene
  • Unlawful
  • Infringing another person's intellectual property, privacy or other legal rights
  • Containing viruses, malware or other harmful material

Where Feedback has been provided in connection with an incentive, any disclosure required by applicable law must be made.

We may moderate, refuse to publish, restrict or remove Feedback where we reasonably consider this necessary to comply with applicable law, protect the rights of EVERHOLD or another person, prevent fake or misleading reviews, enforce these Terms, or protect the integrity or security of the Services.

Feedback does not include photographs, images or files supplied solely for the purpose of producing a personalised product. The licence contained in this section does not authorise promotional use of those files.

Unless expressly agreed otherwise, we are not required to pay you for Feedback or respond to it.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information provided through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to products, descriptions, pricing, promotions, availability, delivery charges or estimated time frames.

We may correct errors, inaccuracies or omissions and update information when they are identified.

Where an obvious and material error is identified before an order has been accepted, we may decline the order.

Where an obvious and material error is identified after acceptance and prevents us from reasonably or lawfully fulfilling the order as agreed, we may contact you with an appropriate alternative or cancel the affected part of the order and refund the amount paid for it where permitted by law.

We are not required to provide a product at an obviously incorrect price where the pricing error was clear and could reasonably have been recognised as an error, where applicable law permits the error to be corrected or the contract to be cancelled.

SECTION 13 - PROHIBITED USES AND CONTENT

You may use the Services only for lawful purposes.

You must not use the Services:

(a) for any unlawful, fraudulent or malicious purpose;

(b) in violation of applicable law or regulation;

(c) to infringe the intellectual property, privacy or other legal rights of EVERHOLD or another person;

(d) to harass, threaten, abuse or unlawfully defame another person;

(e) to submit information that you know is false, fraudulent or materially misleading;

(f) to transmit spam, phishing communications or unauthorised advertising;

(g) to impersonate another person or materially misrepresent your identity;

(h) to upload or transmit viruses, malware or harmful code;

(i) to interfere with, disrupt, bypass or circumvent the security or proper operation of the Services; or

(j) to scrape, extract or access the Services using automated systems in a manner that materially interferes with their operation, circumvents security measures or breaches applicable law.

You must not provide content that is unlawful, fraudulent, threatening, defamatory, abusive, hateful, sexually exploitative, infringing or otherwise prohibited by applicable law.

You must not provide content depicting or facilitating child sexual abuse or exploitation.

We may reject, restrict, remove or stop processing content, and may decline or cancel an affected order, where we reasonably believe that these Terms have been breached.

Where required or permitted by law, we may preserve information or cooperate with law enforcement, courts, regulators or other competent authorities.

SECTION 14 - SUSPENSION AND TERMINATION

We may restrict, suspend or terminate access to all or part of the Services where reasonably necessary, including where we reasonably believe that you have:

  • materially breached these Terms;
  • used the Services unlawfully or fraudulently;
  • created a material security risk;
  • abused or interfered with the Services;
  • engaged in threatening, abusive or harassing conduct towards EVERHOLD, its staff, contractors or service providers;
  • made fraudulent or abusive use of payment, refund, replacement or chargeback processes; or
  • engaged in conduct requiring us to take action to comply with applicable law.

Where reasonably practicable, we may provide notice before taking such action.

We may act immediately and without prior notice where reasonably necessary in connection with suspected fraud, unlawful activity, serious misuse, threatening or abusive conduct, fraudulent or abusive payment or chargeback activity, or a material security risk.

Restriction, suspension or termination of access to the Services does not automatically cancel an accepted order.

Termination does not affect any rights or obligations that arose before termination.

Any provision which by its nature is intended to continue after termination will remain in effect.

SECTION 15 - EVENTS OUTSIDE OUR CONTROL AND SERVICE AVAILABILITY

We aim to keep the Services available and operating correctly but do not guarantee that the website or other online Services will always be uninterrupted or free from technical errors.

We may temporarily restrict or suspend all or part of the Services for maintenance, security, technical, operational or other reasonable business purposes.

We will not be responsible for failure or delay caused solely by circumstances outside our reasonable control, including disruption to communications networks, utilities, transport or postal services, industrial action, natural events, governmental action or material failures of third-party infrastructure outside our control.

Where such an event materially affects an accepted order, we may suspend performance for the period reasonably necessary to deal with the event.

If we are unable to fulfil an affected order, we may cancel the affected part and refund any amount paid for products that will not be supplied.

SECTION 16 - LIMITATION OF LIABILITY

Everhold shall not be responsible for loss or damage that:

(a) was not reasonably foreseeable when the contract was formed;

(b) was not caused by our breach of contract or failure to use reasonable care;

(c) results from inaccurate or incomplete information, photographs, images, personalisation details, product selections, cropping, positioning, delivery information or other content supplied or approved by you, except to the extent caused by an error for which Everhold is responsible;

(d) results from misuse, improper handling or care of a product, or use of a product for a purpose for which it was not intended;

(e) results from your failure to follow reasonable product or care instructions;

(f) results from circumstances caused by or within your control; or

(g) arises from an independent third-party website, service or transaction outside our control and outside our contractual obligations to you.

Where you purchase as a consumer, Everhold will not be responsible for business losses, including loss of profit, revenue, business or business opportunity, arising from use of a product for commercial purposes.

Where products are purchased wholly or mainly for business, trade or commercial purposes:

(a) Everhold shall not be liable for loss of profit, revenue, business, contracts, anticipated savings, goodwill, data or business opportunity, or for indirect or consequential commercial loss; and

(b) unless otherwise agreed by us in writing, Everhold's total aggregate liability for other financial loss arising out of or in connection with an order shall not exceed the total amount paid to Everhold for the order giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

SECTION 17 - INDEMNIFICATION AND CUSTOMER RESPONSIBILITY

Where your breach of these Terms, violation of applicable law or infringement of another person's rights causes EVERHOLD to suffer loss or become subject to a third-party claim, you will be responsible for the reasonable losses, damages and costs, including reasonable legal costs, incurred by Everhold Studio Ltd to the extent that they result directly from your breach or unlawful conduct.

This includes claims arising because photographs, images or other content supplied by you:

  • infringe another person's copyright, trade mark, privacy or other legal rights;
  • were provided without the necessary rights or permissions; or
  • were unlawful to provide or use for the purpose requested.

We may take reasonable steps to investigate, defend, settle or otherwise respond to a third-party claim.

Where reasonably practicable, we will notify you of a material claim to which this section applies and may require reasonable information or cooperation from you.

Where you purchase wholly or mainly for business, trade or commercial purposes, you agree to indemnify Everhold Studio Ltd against reasonable third-party claims, liabilities, damages and legal costs arising directly from your breach of Sections 6 or 13.

You will not be responsible under this section for loss or cost to the extent caused by EVERHOLD's own breach, negligence or unlawful conduct.

SECTION 18 - SEVERABILITY

If any provision, or part of a provision, of these Terms is determined to be unlawful, invalid or unenforceable, that provision or part will be treated as severed to the extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure or delay in exercising or enforcing any right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies expressly incorporated into them by reference and the details of an order accepted by EVERHOLD, constitute the agreement between you and Everhold Studio Ltd in relation to the Services and your purchase.

They supersede prior discussions, correspondence, communications or proposals relating to the same subject matter, whether oral or written, except where applicable law provides otherwise.

If you purchase wholly or mainly for business, trade or commercial purposes, you acknowledge that you have not relied on any statement, representation or assurance that is not expressly contained in these Terms, an accepted order or another written agreement with EVERHOLD.

Nothing in this section excludes liability for fraud or fraudulent misrepresentation.

SECTION 20 - ASSIGNMENT

You may not transfer or assign your obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations under these Terms to another organisation, including in connection with a sale, transfer, restructuring or reorganisation of all or part of our business, without requiring your consent, provided that the transfer does not reduce your rights or protections under these Terms or applicable law.

We will provide notice of a transfer where required by law or where it materially affects performance of our obligations to you.

SECTION 21 - THIRD-PARTY RIGHTS

Except where these Terms expressly provide otherwise, these Terms are between you and Everhold Studio Ltd.

No person other than you and Everhold Studio Ltd has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms and any contract between you and Everhold Studio Ltd are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction in relation to disputes arising from these Terms or a contract with EVERHOLD, subject to any mandatory rights of consumers resident in Scotland or Northern Ireland to bring proceedings in the courts applicable to them.

Where products are purchased wholly or mainly for business, trade or commercial purposes, the courts of England and Wales will have exclusive jurisdiction.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect their meaning or interpretation.

SECTION 24 - CHANGES TO THESE TERMS

The current version of these Terms will be available through the Services.

We may update or change these Terms from time to time, including to reflect changes to our Services, business practices, operational requirements or legal and regulatory requirements.

Updated Terms will take effect from the effective date stated in the updated version.

Where required by applicable law, we will provide notice of material changes.

Changes will not retrospectively alter the terms applicable to an order already accepted by EVERHOLD unless required by law or agreed with you.

Continued use of the Services after the effective date of updated Terms will be subject to the updated Terms.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Everhold Studio Ltd trading as EVERHOLD
Email: contact@everhold.uk
Registered office: [INSERT REGISTERED OFFICE ADDRESS]
Company registration number: 17167465
Registered in England and Wales