Terms of service

1. About Jinglebell

1.1 Jinglebell is operated by Samuel Cross, a sole trader, trading as Jinglebell ("Jinglebell", "we", "us" or "our").

1.2 These Terms govern your use of the Jinglebell website and character-creation service and your purchase or use of Jinglebell products, downloads and eCards.

1.3 These Terms currently apply to Jinglebell's UK service and orders accepted for delivery within the United Kingdom.

1.4 Separate policies, including our Privacy Policy and Shipping & Returns Policy, may also apply. Where appropriate, those policies form part of the information we provide about our service and your order.

2. Who can use Jinglebell

2.1 You must be 18 or over to create a Jinglebell account, purchase a product or enter into a contract with us.

2.2 A child may help an adult create a design, but the adult account holder or purchaser remains responsible for the account, design, uploaded content and order.

2.3 You may use Jinglebell through a private account associated with your email address or, where available, purchase products using guest checkout.

2.4 You are responsible for providing accurate account and order information and for keeping your login credentials secure.

3. Creating a Jinglebell character

3.1 Jinglebell allows you to select from Jinglebell characters (such as Santa, elf, snowman and reindeer) and customise them using photographs and other permitted design elements.

3.2 Depending on the features available, you may also be able to:

• (a) upload additional images;
• (b) add text;
• (c) create drawings or doodles;
• (d) use Jinglebell templates and design elements;
• (e) save creations to your account;
• (f) use creations in different Jinglebell templates;
• (g) order personalised physical products on our website;
• (h) create or purchase eCards; and
• (i) download certain creations for permitted personal or business use.

3.3 Features may change as Jinglebell develops. We may add, alter or discontinue features where reasonably necessary, provided this does not unlawfully affect an existing paid order or your statutory rights.

4. What you may upload

4.1 You retain any rights you already hold in photographs, original text, drawings and other material you upload ("User Content").

4.2 You must only upload or use User Content where you have all rights and permissions reasonably necessary for Jinglebell to process that content in the ways described in these Terms.

4.3 In particular, you confirm that:

• (a) you own the User Content or have appropriate permission from the relevant rights holder;
• (b) our use of the User Content to provide the Jinglebell service and fulfil your order will not infringe another person's copyright, trade mark, privacy or other rights;
• (c) where an identifiable person appears in an image, you are entitled to use their image for the purpose for which you are using Jinglebell; and
• (d) where an identifiable child appears in an image, you are their parent or legal guardian or have appropriate permission from their parent or legal guardian.

4.4 Purchasing a photograph, finding an image online, taking a screenshot or intending to use an image only for personal purposes does not necessarily give you the right to reproduce that material through Jinglebell.

5. Things you must not upload or create

5.1 You must not use Jinglebell to upload, create, transmit or order material that:

• (a) infringes or is likely to infringe copyright, trade marks or other intellectual-property rights;
• (b) uses another person's image without appropriate authority or permission;
• (c) depicts or uses the likeness of a celebrity or public figure without appropriate rights or authorisation;
• (d) contains pornography or sexually explicit material;
• (e) sexualises, exploits or endangers a child;
• (f) contains or promotes child sexual abuse material;
• (g) unlawfully threatens, harasses or seriously abuses another person;
• (h) unlawfully promotes hatred or discrimination;
• (i) promotes or facilitates unlawful activity;
• (j) contains gratuitously graphic violence;
• (k) unlawfully infringes another person's privacy;
• (l) deceptively impersonates another person or organisation;
• (m) contains malicious code or is intended to interfere with Jinglebell or another system; or
• (n) is otherwise unlawful or creates a material legal, safety or security risk for Jinglebell, our users or our suppliers.

5.2 Swearing, jokes and mildly rude humour are not automatically prohibited merely because somebody might find them offensive. However, the restrictions above continue to apply.

6. You are responsible for your content

6.1 You are responsible for the User Content you submit through Jinglebell.

6.2 Jinglebell does not undertake to proactively monitor, inspect or legally review every photograph, image, message, design or other item submitted by users.

6.3 The fact that Jinglebell's systems accept an upload, allow you to create a design or accept payment does not mean that we have confirmed that your content is lawful or that you have the necessary rights to use it.

6.4 We reserve the right to review, block, remove or reject User Content, or suspend or cancel an order, where we reasonably believe that the content:

• (a) breaches these Terms;
• (b) may be unlawful;
• (c) may infringe another person's rights;
• (d) breaches requirements reasonably imposed by our manufacturing, payment, hosting or other service providers; or
• (e) presents a material legal, safety or security risk.

6.5 Where reasonably possible and lawful, we will deal fairly with affected customers when exercising these rights.

7. Permission you give Jinglebell to use your content

7.1 You do not transfer ownership of your User Content to Jinglebell.

7.2 You give Jinglebell a non-exclusive licence to host, store, copy, reproduce, process, adapt where technically necessary, combine, transmit and otherwise use your User Content only to the extent reasonably necessary to:

• (a) provide the character creator and related features;
• (b) save creations to your account;
• (c) generate your Jinglebell creations, videos and eCards;
• (d) display previews to you;
• (e) host content you have chosen to save or share;
• (f) process and fulfil your orders;
• (g) transmit production files to our printing, manufacturing and fulfilment partners;
• (h) provide customer support;
• (i) maintain the security and operation of the service; and
• (j) comply with applicable law.

7.3 This licence allows us to give our suppliers and service providers the permissions they need to perform those functions for us.

7.4 This licence does not give Jinglebell permission to use your face, photographs or User Content in our advertising or marketing.

7.5 If we would like to feature your creation in Jinglebell marketing, social media or promotional materials, we will seek separate permission.

7.6 Our handling of personal information is also governed by our Privacy Policy.

8. Jinglebell artwork and intellectual property

8.1 The Jinglebell characters, illustrations, templates, design elements, branding, graphics and other creative materials made available by Jinglebell ("Jinglebell Content") are protected by intellectual-property rights and are owned by Jinglebell, licensed for use by Jinglebell, or used by Jinglebell with the necessary rights or permissions.

8.2 No intellectual-property rights in Jinglebell Content are transferred to you. Instead, we grant you only the limited permissions to use Jinglebell Content expressly set out in these Terms.

8.3 Adding your photograph, text, doodles or other User Content to Jinglebell Content does not give you ownership of the underlying Jinglebell Content.

8.4 You must not extract, reproduce, distribute, sell or commercially exploit individual Jinglebell assets except where these Terms expressly permit you to use a finished Jinglebell creation.

9. Your licence to use finished Jinglebell creations

9.1 Subject to these Terms, Jinglebell grants you a limited, non-exclusive, non-transferable licence to use completed Jinglebell creations made through your account.

9.2 For personal use, you may:

• (a) download available creations;
• (b) keep them for your own enjoyment;
• (c) send them privately to friends and family;
• (d) post them organically to your personal social-media accounts, provided the Jinglebell logo remains visible and is not removed, obscured or altered; and
• (e) use them in other ways expressly offered through the Jinglebell service.

9.3 You must not use a free Jinglebell download to manufacture physical merchandise yourself or through another supplier. For example, you may not download your Jinglebell character and:

• (a) print it onto a T-shirt or jumper at home;
• (b) upload it to another print-on-demand service;
• (c) ask another printer or manufacturer to reproduce it on merchandise; or
• (d) manufacture products bearing Jinglebell Content for sale or personal use.

9.4 You must not:

• (a) sell or sublicense a Jinglebell creation;
• (b) sell products containing Jinglebell Content;
• (c) extract Jinglebell artwork or design elements for use outside the finished creation;
• (d) make Jinglebell assets available as templates, downloads or stock artwork;
• (e) represent that you created or own the underlying Jinglebell Content;
• (f) use Jinglebell Content to create or assist a competing character, template, merchandise or design service; or
• (g) otherwise commercially exploit Jinglebell Content without our written permission.
• (h) remove, obscure or alter the Jinglebell logo from a Jinglebell creation.

10. Business use

10.1 Businesses may use Jinglebell to create personalised content and purchase personalised products through Jinglebell for internal communications, staff activities, customer or client gifting and similar business purposes.

10.2 Businesses may also organically share completed Jinglebell creations on their own social-media accounts, provided they share the creation in the form supplied by Jinglebell and do not remove or obscure Jinglebell branding, or alter the Jinglebell Content.

10.3 This permission does not include the right to:

• (a) manufacture Jinglebell merchandise independently;
• (b) resell Jinglebell Content;
• (c) sublicense Jinglebell Content;
• (d) incorporate a Jinglebell character or other Jinglebell Content into a logo, trade mark or permanent brand identity;
• (e) use Jinglebell Content as the central creative asset in paid advertising or a substantial commercial advertising campaign; or
• (f) otherwise commercially exploit the underlying Jinglebell Content.

10.4 Businesses wanting broader commercial rights should contact Jinglebell to discuss a separate licence.

11. Product previews and personalisation

11.1 Before ordering, you are responsible for checking the personalisation you have supplied, including photographs, spelling, names, messages, design choices, product choice, size and delivery information.

11.2 Product previews are provided to help you visualise your creation. Unless we expressly say otherwise, they are not exact production proofs.

11.3 Screens and printing processes differ. Reasonable variations may therefore occur in matters such as colour, positioning, scale and appearance.

11.4 Nothing in this section allows us to supply goods that fail to meet your statutory rights, including the requirement that goods be as described, of satisfactory quality and fit for purpose where applicable.

12. Placing an order

12.1 The products and prices displayed on Jinglebell constitute an invitation to place an order.

12.2 Before submitting a paid order, you will be shown the relevant price and any applicable delivery charge.

12.3 You are responsible for checking the details of your order and correcting any errors before submitting it.

12.4 When you submit a paid order, you are making an offer to purchase the selected product or service.

12.5 We will send an electronic confirmation of your order.

12.6 When you place an order and payment is successfully processed, a contract is formed between you and Jinglebell. We may refuse or cancel an order where we have a reasonable reason to do so, including where the order breaches these Terms, contains content we are not permitted to produce, there is a pricing or technical error, or we are unable to fulfil the order. If we refuse or cancel an order after payment has been taken, we will let you know and refund the amount paid for that order.

12.7 We may refuse or cancel an order after it has been placed where, for example:

• (a) payment has not been authorised;
• (b) the product is unavailable;
• (c) we cannot fulfil the order;
• (d) there has been an obvious pricing or listing error;
• (e) the order or User Content breaches these Terms; or
• (f) we reasonably believe accepting the order would be unlawful.

Where we refuse an order after taking payment and no amount is lawfully due, we will arrange the appropriate refund.

13. Prices and payment

13.1 Prices will be displayed before you place an order.

13.2 Payment is processed using third-party payment services.

13.3 You must provide accurate payment information and be authorised to use the payment method supplied.

13.4 We do not automatically add optional paid extras without your agreement.

14. Personalised physical products

14.1 Jinglebell physical products are printed or otherwise produced specifically for you using the personalisation and User Content you provide.

14.2 Because these products are made to your specifications and are clearly personalised, the usual statutory right to cancel a distance contract simply because you have changed your mind generally does not apply to those personalised goods.

14.3 This does not affect your statutory rights where goods are faulty, damaged, not as described or otherwise fail to conform to your legal rights.

15. Changing or cancelling a personalised order

15.1 If you realise that you have made a mistake after ordering, please contact us as soon as possible: elf@jinglebell.io.

15.2 We recommend contacting us within 8 hours of placing your order because this may increase the chance that we can assist before production begins.

15.3 The 8-hour recommendation is not a guaranteed cancellation or amendment period.

15.4 We may be able to amend or cancel an order before it enters production, but we cannot promise that we will be able to do so.

15.5 Once an order has entered production, we may be unable to change or cancel it because it is being manufactured specifically for you.

15.6 Nothing in this section restricts any cancellation or other right that the law gives you in circumstances where that right applies.

16. Manufacturing and fulfilment

16.1 Jinglebell uses third-party manufacturing and fulfilment providers to produce and dispatch orders.

16.2 Your contract for the Jinglebell product remains with Jinglebell. The involvement of a manufacturing or fulfilment provider does not remove consumer rights that apply to your purchase from us.

16.3 We may share the production information reasonably required to manufacture and deliver your order with our relevant suppliers.

16.4 Further information about delivery is provided in our Shipping & Returns Policy.

17. Delivery

17.1 Delivery charges will be displayed or calculated before you place an order.

17.2 Delivery dates or ranges displayed by Jinglebell are estimates unless we expressly state otherwise.

17.3 We use third-party manufacturing and delivery partners to produce and deliver orders, so actual delivery times may be affected by circumstances outside our direct control.

17.4 You are responsible for providing an accurate and complete delivery address and for following any reasonable delivery or collection instructions provided by the delivery provider.

18. Faulty, damaged or incorrect products

18.1 If your product arrives faulty, damaged, materially misprinted, not as described or otherwise fails to meet your statutory rights, please contact us as soon as possible and, where possible, within 3 weeks of delivery at elf@jinglebell.io. This helps us investigate and resolve the problem as quickly as possible.

18.2 We may ask you to provide reasonable information or photographs showing the problem so that we can investigate and resolve it.

18.3 Depending on the circumstances and your legal rights, an appropriate remedy may include a replacement, reprint, refund or another remedy required by law.

18.4 These Terms do not exclude or restrict your statutory rights.

19. Change-of-mind returns

19.1 Because Jinglebell physical products are personalised using content supplied by you, they generally cannot be returned merely because:

• (a) you have changed your mind;
• (b) you no longer want the item;
• (c) you made an error in personalisation that was accurately reproduced from the information you supplied; or
• (d) you ordered an incorrect size or product and the item supplied matches your order.

19.2 This section does not apply where you have a statutory right to a remedy because of a problem with the product.

20. eCards

20.1 Jinglebell allows customers to purchase personalised digital eCards, currently priced as displayed at checkout.

20.2 Depending on the options available, you may:

• (a) obtain a link and send it to the recipient yourself; or
• (b) ask Jinglebell to email the eCard to a recipient on your behalf.

20.3 Your eCard link will be made available to you immediately after purchase, including where you ask us to email the eCard to the recipient at a later date.

20.4 Where you ask Jinglebell to deliver an eCard by email, you must provide an accurate recipient email address and confirm that you are entitled to provide that address to us for the purpose of delivering your eCard.

20.5 If you schedule Jinglebell to email an eCard to a recipient, the email will be scheduled for 9:00am UK time on the date you choose. If you choose the current date after 9:00am UK time, the email will be sent as soon as reasonably possible.

20.6 Delivery may be affected by factors outside our control, including incorrect addresses, spam filters, recipient email settings and email-service interruptions. We therefore cannot guarantee that every email will reach a recipient's inbox at a particular moment.

20.7 eCard links do not currently have a fixed expiry date. However, we do not promise that an eCard will be hosted permanently or indefinitely.

20.8 We may discontinue hosting where reasonably necessary, including where Jinglebell or a relevant service is discontinued, provided that we act consistently with applicable consumer law and any commitments made when the eCard was purchased.

20.9 Messages included in eCards constitute User Content and must comply with these Terms.

20.10 Further information about how recipient email addresses and messages are handled is provided in our Privacy Policy.

20.11 eCards are digital content.

20.12 Before purchasing an eCard, you will be asked to expressly agree to immediate supply and acknowledge that you will lose your 14-day right to cancel once supply begins.

20.13 Once supply of your eCard begins following that agreement and acknowledgement, you will no longer have the 14-day change-of-mind cancellation right.

20.14 This does not affect your legal rights if there is a problem with the eCard, including where it is faulty or not as described.

21. Accounts and saved creations

21.1 Jinglebell accounts are private and linked to the account holder's email address.

21.2 Your saved creations are not intended to be publicly searchable or available for other customers to remix through the Jinglebell service.

21.3 We take reasonable steps to maintain saved creations, but we cannot guarantee that they will always remain available. You should keep your own copies of any photographs or other content that you do not want to lose.

21.4 You may delete eligible saved content and may request deletion of your account using the functionality or contact method we provide.

21.5 Our handling, retention and deletion of photographs, account information and other personal data is explained in our Privacy Policy.

22. Suspension and termination

22.1 We may suspend or restrict an account where reasonably necessary, including where:

• (a) these Terms have been seriously or repeatedly breached;
• (b) the account is being used unlawfully;
• (c) there is suspected fraud or misuse;
• (d) the account creates a security risk; or
• (e) we are legally required to do so.

22.2 Where appropriate, we will act proportionately and take account of any existing paid orders.

22.3 Deleting or terminating an account does not affect any rights or obligations that arose before the account was deleted or terminated. Any provisions of these Terms which by their nature are intended to continue afterwards, including those relating to intellectual property, will continue to apply.

23. Availability of Jinglebell

23.1 We aim to keep Jinglebell available, but we cannot promise uninterrupted or error-free access at all times.

23.2 We may need to suspend parts of the service for maintenance, security, technical problems or circumstances outside our reasonable control.

23.3 Nothing in this section affects obligations we have in relation to products or services you have already purchased.

24. Our responsibility to you

24.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

24.2 In particular, nothing in these Terms excludes or restricts your statutory consumer rights or liability that cannot legally be excluded.

24.3 If you are using Jinglebell as a consumer, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, subject to applicable law.

24.4 We are not responsible for losses caused solely by information, content or instructions supplied incorrectly by you where we have accurately followed them, except to the extent that the law provides otherwise.

24.5 If you use Jinglebell for business purposes, your rights may differ from those of a consumer. Nothing in these Terms grants broader commercial intellectual-property rights than those expressly set out in section 10.

25. Third-party rights and claims about User Content

25.1 If we receive a credible complaint that User Content infringes another person's intellectual-property, privacy or other legal rights, we may investigate and take reasonable action.

25.2 This may include temporarily restricting access to content, removing content, cancelling production where possible or requesting further information from you.

25.3 You agree to provide reasonable cooperation where a claim concerns content you supplied.

25.4 Nothing in this section requires Jinglebell to determine complex disputes about ownership or rights on behalf of users.

26. Changes to these Terms

26.1 We may update these Terms from time to time, for example because Jinglebell changes, we introduce new features or legal requirements change.

26.2 The Terms applicable to a purchase will generally be the version in force when the relevant contract was entered into, unless a change is required by law or otherwise lawfully agreed.

26.3 Where a change materially affects an ongoing service, we will provide appropriate information or notice where required.

27. If part of these Terms cannot be enforced

If a court or other competent authority finds part of these Terms unlawful or unenforceable, the remaining provisions will continue to apply to the extent legally possible.

28. No waiver

If we do not immediately enforce a right under these Terms, that does not necessarily mean we have waived that right.

29. Governing law and disputes

29.1 These Terms and any contract between you and Jinglebell are governed by the law of England and Wales. If you are a consumer, this does not affect any mandatory rights or protections you have under applicable law.

29.2 If you have a problem, please contact us first at elf@jinglebell.io so that we can try to resolve it.

29.3 Nothing in these Terms prevents a consumer from bringing proceedings in any court in which they are entitled to bring proceedings under applicable law.

30. Contact us

Questions about these Terms, an order or Jinglebell can be sent to:

Samuel Cross, trading as Jinglebell

Email: elf@jinglebell.io

Correspondence Address: Jinglebell c/o The Beehive, Stembrook, Dover CT16 1PF