MixPixie’s Terms and Conditions

This is the bit where we have to be very grown up and give you all the details you might need, a little light reading for you.

Introduction

These terms and conditions apply to the use of this website www.mixpixie.com (the 'Website'). By visiting MixPixie.com or by placing an order, you confirm that you have read these terms and conditions and agree to adhere to them in their entirety. If you do not agree to these terms and conditions, you must not use this Website.

We may update or vary our terms and conditions from time to time, so please check this page for the latest version whenever you visit MixPixie.com. We can also update and vary the terms and conditions by notice on other pages of this Website.

Trading details

Whenever you buy a product through this Website, you will be contracting with MixPixie Limited, a limited liability company incorporated in England under company number 7557887.

Registered office: MixPixie, St Johns Studios, 6-8 Church Road, Richmond, Surrey, TW9 2QA
Email address: support@mixpixie.com
Telephone number: +44 (0)20 8940 2892

Product description

We use our reasonable endeavours to make sure that every product on MixPixie.com is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout. MixPixie disclaims all representations and warranties that the content or information on this Website is accurate, complete, up to date or does not infringe the rights of any third party.

Placing your order

When you place an order with us (by choosing an item and completing our online checkout process), we will send you an acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order.

Our acceptance of your order only takes place when we despatch it. A ‘purchase contract’ between you and MixPixie.com is therefore made at the point of despatch, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made.

From time to time, we may not be able to accept an order for the following reasons:

  1. If, unfortunately, we do not have your chosen goods in stock
  2. Where we cannot obtain authorisation for your payment
  3. If there has been a pricing or product description error
  4. If you do not meet any eligibility criteria set out in our terms and conditions
  5. If the order for personalised products contains reference to any copyrighted information where you have not obtained permission
  6. If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience

We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.

Personalising your CDs

MixPixie aims to provide you with a fast, high-quality service, so any products you order are immediately sent for production. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. We cannot refund items where the personalisation has been mis-spelt due to an error made by you. You can only make changes to your order whilst its status on your ‘Order History’ (under the ‘My Account’ tab) shows as ‘Order Received’.

If you are uploading a photo, images must be in JPEG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it. However, an on screen warning will appear to let you know that the image might not print very well.

Music Copyright

The audio on MixPixie, is available through exclusive agreements with each of the record companies who own the recordings. MixPixie pay both recording and publishing royalties on every single song bought on MixPixie. Under no circumstances, are you able to make copies of the CDs and downloads that you purchase from MixPixie. Any customers caught doing so will be reported directly to the BPI (British Phonographic Institute) immediately.

Music Quality

MixPixie receives the songs as 320 kbps mp3s from 7Digital, these are then converted into wav files for cd burning. Depending on when the song was recorded, the audio quality and specifically the volume levels may differ, which is why you should always play the songs that you choose to go on your CD.

Ordering multiple CDs

Multiple items can be ordered at the same time and will be despatched on the same day, but may arrive in separate packages.

Payment

At MixPixie, you can pay for your goods using credit or debit cards.

Supply of CDs

The CDs sold on our website are manufactured and shipped from MixPixie’s bespoke production facility in London.

Transfer of Title

Goods despatched from London

Goods despatched from London are shipped by Royal Mail. By placing your order with us you are agreeing to take title to your goods at the point of despatch from our London production facilities and we will post your goods in London on your behalf.

Postage and packaging charges

For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.

POSTAGE & PACKAGING COSTS PER CD
To the UK & Eire: £2.99
To The EU: £2.99
To the US: £3.99

Delivery

Pixies are the best gift-givers, so we know just how important it is that your CD arrives on time. During the order process, MixPixie will notify you of the despatch dates available and the expected time frame for receiving your order. We Pixies will also let you know of any delivery charges prior to the acceptance of your order.

If you order more than one CD or take us up on one of our very special offers for buying multiple copies, we send each CD separately to you so that they can fit through your letterbox and you won’t have to wait for Mr Postman to deliver your parcels.

General despatch information

Please note:

  • The despatch date is the day we Pixies give your orders to Mr Postman, NOT the day it will be delivered.
  • Your order is likely to arrive much faster if you use a postcode. It sounds simple, but many of you humans forget to add it!
  • You can check that you have the correct postcode by using the Royal Mail’s handy postcode finder www.royalmail.com
  • If any of the details you have given us in your delivery address are incorrect, you can’t hold us Pixies responsible if it’s not received!

All our CDs are posted by First Class or Airmail. The postage cost is inclusive of the stamp, envelope(s) and packaging.

First Class Postage timings (these are guidelines only and cannot always be followed in the case of large order volumes)

First class postage timings for items ordered from MixPixie
Order Placed (UK) Order Completed by The Pixies Estimated arrival
Before 2pm Monday-Friday Same day The Royal Mail advise that 90% of first class post in the UK will arrive the following day, unfortunately the other 10% can take up to three days.
After 2pm Monday-Thursday Following day
After 2pm Friday Following Monday
Saturday & Sunday Following Monday
Public Holidays Following working day

If possible, please allow three working days from despatch for CDs to arrive. After all, it is better for a present to arrive two days early than one day late! If your order hasn’t arrived after three days, PLEASE let us know. We would rather send a replacement CD than leave you disappointed.

International Postage Timings

International postage timings for items ordered from MixPixie
Destination Recommendation
Europe Allow 5 working days
All destinations outside Europe Allow 7 working days

Changing or cancelling an order

Your MixPixie CD is made just for you. As soon as you realise you have made a mistake, check the status of your order by going to ‘Order History’, which can be found under the ‘My Account’ tab. Orders can only be changed or cancelled if the status is on ‘Order Received’. If the status displays ‘Your Order is Being Made By The Pixies’ or ‘Order Dispatched’ then it has already been printed or given to Mr Postman, unfortunately, cannot be amended or cancelled.

Emails are answered during business hours (9.30am - 6.00pm) in the order they are received. It is therefore possible that your order could begin production before your email is processed and we will be unable to make any changes.

Returns and refunds

At MixPixie, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.

Reporting a problem

If for any reason you are not happy with your MixPixie order, please contact our Customer Service Team. Call +44 (0)20 8940 2892 or email support@mixpixie.com. You will need to quote your order number, your email address you have registered with and have the address and details on the problem with your order.

We aim to acknowledge any complaint within 14 working days, (usually it takes 1-2 days) and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems. Should it be necessary, we will then advise you how to return your item.

Returning products and issuing refunds

Although we Pixies take great care in making your CDs, it is possible that very occasionally, one or two could be faulty. If you think your CD is faulty, we will ask you to return it to us within SEVEN days of receipt.

Your right to return items to us in accordance with these terms and conditions is in addition to any other statutory rights you may have.

If you are eligible for a refund, we will reimburse the price you have paid for the order onto the credit or debit card that you paid with. Alternatively, we may offer to remake and resend the CD free of charge. Please note it is not our policy to offer both a refund and resend.

All Returns Must Be Sent To:

MixPixie Customer Returns
St Johns Studios,
6-8 Church Road,
Richmond,
Surrey,
TW9 2QA

Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size.

Multiple refund requests

If there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to issue a refund or replace an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone.

Your privacy and security

MixPixie is committed to protecting all your private details. We promise (Pixie’s honour) to use the information that we collect about you in accordance with the Data Protection Act 1998.

You can see the information that we hold about you by logging on to www.mixpixie.com/account and checking your account details. You can also update your account details online whenever you want to.

How we use your contact information

All the personal information that you provide us with includes your contact details, payment card details and information about any recipients of products that you wish us to deliver products to.

No naughtiness is allowed at MixPixie so we will not sell or disclose any personal data to any third party unless required to do so by law.

We do want to keep you up-to-date with all things MixPixie though, so we will use your information to send you an email newsletter every month, keeping you informed of new products and special Pixie offers. You can choose whether to receive these newsletters when you are registering.

Opt In

When you register on mixpixie.com, you can opt in to receive any communications from us, other than that required to process your registration or orders. You can change this in your account details whenever you want but please allow three working days for the Pixies to process this.

Cookies

In order to improve the service that we Pixies offer you, we may use a ‘cookie’. A ‘cookie’ is a yummy biscuit and also in this case, a small data file which is placed on your computer or other device by this website and which collects certain data about your activity on the MixPixie. The primary purpose of this use of cookies is to ensure the process of personalising product is user-friendly and consistent throughout a session. You may change your website browser settings to reject cookies, although please note that if you do this it may impair the functionality of this Website. For further information about cookies, including how to refuse cookies, please visit www.allaboutcookies.org. For information about eating cookies, go to your local supermarket.

Securing your personal information

Mixpixie.com uses Secure Socket Layers (SSL), the most advanced security system available. All of the personal information you enter, including your name, address, and the contents of your address book, is encrypted by secure server software before it is safely transmitted across the Internet. The top secret Pixie team only has access to this information.

Securing your password

When you register with mixpixie.com, you do so as an individual human or Pixie. You must keep your user name and password to yourself.

We know that you may use the same password for other Internet accounts, and that it is highly sensitive. Rest assured, your password will remain encrypted and we do not have access to it at all. If you forget your password, we Pixies can send you a temporary one. You will then be able to access your account and create a new password.

Credit card transactions

Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our Payment Service Provider Sage Pay for immediate authorisation. Once we have received authorisation from the Payment Service Provider we will confirm your order.

MixPixie is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998.

You can see the information that we hold about you by logging on to www.mixpixie.com and checking your account details. You can also update your account details online.

Use of the Website

Abuse of service

You agree not to use MixPixie.com directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner.

Intellectual Property

All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the Website is protected by MixPixie’s or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You do not have permission, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights. "MixPixie" is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.

Website content and service access

We will always try to ensure that MixPixie.com is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

Links

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.

Liability

We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

General

These terms and conditions constitute the entire agreement in respect of the use of this Website and the items and services offered via this Website.

If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.

Only you and MixPixie shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the English Courts.