Terms & Conditions

Last Updated: March 1, 2024

Welcome to Helcasse. These Terms and Conditions ("Terms") govern your use of the Helcasse website (https://helcasse.com) and the purchase and use of our custom phone cases, luggage, and other products and services (collectively, the "Services").

By accessing our website, placing an order, or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use our Services.

1. Definitions

In these Terms, the following definitions apply:

  • "Account" means the account created by a User to access and use the Services.
  • "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
  • "Order" means a request to purchase Products through the Services.
  • "Products" means the custom phone cases, luggage, and other items offered for sale through the Services.
  • "User" means an individual who accesses or uses the Services.
  • "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

2. Account Registration and Use

2.1 Account Creation

To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.

2.2 Age Requirement

You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.

2.3 One Account Per User

You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.

2.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.

3. Products and Orders

3.1 Product Information

We strive to provide accurate descriptions of our Products, including dimensions, materials, and colors. However, we do not guarantee that all descriptions, images, or other Content on our website are accurate, complete, reliable, current, or error-free. The actual colors you see depend on your computer monitor, and we cannot guarantee that your computer will accurately display our colors.

3.2 Placing Orders

By placing an Order, you agree to pay the specified price for the Products, plus any applicable taxes and shipping fees. All prices are shown in British Pounds (GBP) unless otherwise specified.

3.3 Order Acceptance

Your Order represents an offer to purchase Products, which we may accept or decline at our discretion. We may decline an Order for various reasons, including but not limited to:

  • Product unavailability
  • Errors in pricing or Product information
  • Suspicion of fraudulent activity
  • Inability to verify payment information

We will notify you if we are unable to accept your Order.

3.4 Payment

We accept various payment methods, as indicated on our website. By providing payment information, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate.

You agree to pay all charges incurred by you or any users of your Account at the prices in effect when such charges are incurred. We will charge your payment method at the time of purchase or shortly thereafter.

3.5 Shipping and Delivery

We will make reasonable efforts to ship Products according to the estimated delivery times provided, but we do not guarantee delivery dates. Shipping times may vary based on your location, shipping method, and other factors beyond our control.

Risk of loss and title for Products pass to you upon delivery to the carrier.

3.6 Custom Products

For custom-designed Products:

  • You are responsible for reviewing and approving all designs before production.
  • Once you approve a design, it cannot be changed without additional charges.
  • Production will not begin until we receive your design approval.
  • Custom Products cannot be returned or refunded except for manufacturing defects.

4. User Content

4.1 User Content License

When you provide User Content (such as custom designs, images, or text for your Products), you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing the Services to you.

4.2 User Content Representations

You represent and warrant that:

  • You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content.
  • Your User Content does not infringe on the intellectual property rights, privacy rights, or other rights of any third party.
  • Your User Content does not violate any applicable law or regulation.
  • Your User Content is not defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

4.3 Prohibited Content

We reserve the right to refuse any User Content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate. Prohibited content includes, but is not limited to, content that:

  • Infringes on third-party intellectual property rights
  • Contains nudity or sexually explicit material
  • Promotes violence, discrimination, or illegal activities
  • Invades another's privacy
  • Is false, misleading, or fraudulent

4.4 Content Removal

We reserve the right to remove any User Content at any time and for any reason without notice. However, we have no obligation to monitor or review User Content.

5. Intellectual Property

5.1 Our Intellectual Property

The Services and its original Content, features, and functionality are owned by Helcasse and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes. This license does not include the right to:

  • Reproduce, distribute, modify, or create derivative works of the Services or its Content
  • Use any data mining, robots, or similar data gathering methods
  • Use the Services or its Content for any commercial purpose
  • Access the Services to build a similar or competitive product or service

6. Returns and Refunds

6.1 Return Policy

Our return policy varies based on the type of Product:

  • Standard Products: May be returned within 14 days of receipt if unused and in original packaging.
  • Custom Products: Due to their personalized nature, custom Products cannot be returned or refunded except in cases of manufacturing defects.

For detailed information about our return process, please refer to our Refund Policy.

6.2 Manufacturing Defects

If you receive a Product with a manufacturing defect, please contact us within 7 days of receipt. We may request photographs of the defect. If we confirm the defect, we will either replace the Product or provide a refund, at our discretion.

6.3 Refund Processing

Approved refunds will be processed to the original payment method within 14 business days of our receiving and inspecting the returned Product. Shipping costs are non-refundable except in cases of manufacturing defects.

7. Limitation of Liability

To the maximum extent permitted by law, in no event shall Helcasse, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services;
  • Any conduct or content of any third party on the Services;
  • Any content obtained from the Services; and
  • Unauthorized access, use, or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

8. Warranty Disclaimer

The Services and Products are provided on an "as is" and "as available" basis without any warranty or condition, express, implied, or statutory. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

We make no warranties as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Services.

No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly stated in these Terms.

9. Indemnification

You agree to defend, indemnify, and hold harmless Helcasse, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your User Content;
  • Your use of the Services; or
  • Your violation of any rights of a third party.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or your use of the Services shall be resolved through:

  1. Informal negotiation – we will attempt to resolve any disputes through good-faith discussions;
  2. Mediation – if informal negotiation fails, the parties will seek mediation through a mutually agreed-upon mediator in London, UK;
  3. Legal proceedings – if mediation fails, the dispute shall be resolved exclusively in the courts of the United Kingdom.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Services.

It is your responsibility to review these Terms periodically for changes.

12. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

The failure of us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices and agreements published by us on the website, constitute the entire agreement between you and Helcasse concerning your use of the Services.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Helcasse Ltd

Flat 26 Maisie Forks South Freddie

London W4 3JU

United Kingdom

Email: legal@helcasse.com

Phone: +44 6764 717094