These terms and conditions apply to the use of this website at nicleypersonalised.com (the “Website”). By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
These Terms will apply to the use of this Website and any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before you use this Website. By accessing this Website and/or placing an order, you agree to be bound by these Terms. Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with us or order from us. If you do not accept these Terms, do not use this Website. These Terms, and any Contract between us, are only in the English language.
We recommend that you print a copy of these Terms or save them to your computer for future reference.
These Terms may be amended from time to time as set out in clause 10 below. Please check these Terms to ensure you understand the rights and obligations that will apply each time you wish to order Products. These Terms were most recently updated on 21st April 2016.
1. Information about us
1.1. We are Syxth Limited, a company registered in England and Wales. Our registered office is: The Gables, Marston Lane, Frome, Somerset, BA11 4DS, United Kingdom. Our company registration number is 9221533.
1.2. Nicely Personalised and nicelypersonalised.com are trading names of Syxth Limited.
2. Contacting us
2.1.1. If you wish to contact us for any reason, you can write to us at:
2.1.2. You can email us at: email@example.com
2.1.3. You can phone us on +44 (0)7904 062648
2.1.4. If you are emailing us or writing to us please include details of your order to help us to identify it.
2.2.1. To cancel a Contract in accordance with your legal right to do so please see the information in clause 12 below in relation to the options available to you.
2.2.2. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send the email or post the letter to us.
2.3. How we may contact you
2.3.1. If we need to contact you, or give you notice in writing, we will do so by telephone, email or by pre-paid post to the address you provide to us in your order.
2.4. Communications between us
2.4.1. Any references to “writing” or “written” in these Terms includes email.
3. Our Products
3.1. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2. Personalised Products text – the length of the personalised text which you supply may mean that the font size needs to be reduced and/or the text may be split over additional lines to fit the product you are purchasing.
3.3. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website may vary from the specification set out in the order.
3.4. Some of our products are made from or contain wood. Wood being a natural material will have variations in colour and grain and possibly some minor imperfections and therefore may differ from the images on our Website.
3.5. The packaging of the Products may vary from that shown on images on our Website.
3.6. We reserve the right to brand all of our Personalised Products.
4. Use of our Website
4.2. You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
5.1. To register with the Website you must be over 18 years of age.
5.2. Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
5.3. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
5.4. We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms.
6. How we use your personal information
7. Legal requirements to order from us
7.1. We cannot sell alcoholic products to anyone under 18. For this reason, we may refuse an order or refuse to make a delivery at our discretion. By placing an order you confirm that both you and the person the order is to be delivered to, are aged 18 years or over.
7.2. If we discover that you are not legally entitled to order certain Products, we reserve the right to cancel your order and will not be obliged to complete the order. We also reserve the right to cancel your account facilities immediately. If we cancel your account or your order, we will immediately refund to you any money that you have paid in respect of Products that we will not deliver to you.
8. Ordering from us
8.1. When making an order through our Website, the webpages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors, including personalisation details, before submitting your order to us. Please take the time to read and check your order at each webpage of the order process.
8.2. You are deemed to place an order with us by ordering any of the Products which we sell by following the steps on our webpages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered. However, please note that this does not mean that your order has been accepted by us. Our acceptance of your order will take place as described in clause 8.3 below.
8.3. Our acceptance of an order takes place when we send you an email confirming that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with a Dispatch Confirmation. If we do not send you a Dispatch Confirmation, our acceptance of an order will take place when we post the Products to you.
8.4. If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website (as referred to in clause 16.4), we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all. If you have ordered a Product and you have paid a specialised delivery charge and we cannot deliver that Product, we will refund the specialised delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website.
8.5. We may refuse to accept an order:
8.5.1. where Products are not available;
8.5.2. where we cannot obtain authorisation for your payment;
8.5.3. if there has been a pricing or product description error;
8.5.4. if we cannot meet your requested delivery date;
8.5.5. if you do not meet any eligibility criteria set out in these Terms;
8.5.6. if the order is to be delivered to a country that is not in our list of countries that we ship to;
8.5.7. if your order for Products which we have personalised or customised for you (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 or in breach of privacy; and/or
8.5.8. if we believe your order is for commercial or other non-domestic concerns.
9.1. We accept most major credit and debit cards. Please note payment is taken at point of sale in Sterling at your bank provider’s current exchange rate. Orders can only be placed via our Website and the credit / debit card used must be registered to the billing address. This is to protect you from the increased threat from Internet and Credit Card fraud.
10. Our right to make changes to these Terms
10.1. We may amend these Terms at any time by updating this webpage. Please look at the top of this webpage to see when these Terms were last updated.
10.2. Every time you place an order with us the Terms on our Website, being those in force at the time of your order, will apply to the Contract between you and us.
10.3. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms and conditions located on particular webpages of this Website.
10.4. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
10.5. If we need to revise these Terms in relation to orders placed by you but not yet delivered, we will contact you to give you reasonable advance notice of the changes and give you the option to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the Products affected by these changes or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
11. Changing or cancelling an order for Personalised Products and error rectification
11.1. If you have placed an order for a Personalised Product, you will only be able to change or cancel your order in the following circumstances:
11.1.1. Unless you have selected the next day delivery option (see clause 10.1.2, you will have two hours from the time that you place an order for a Personalised Product to change or cancel that order. After the two hours have passed, a Personalised Product will be sent for production and you will not be able to cancel or change that order (see clause 12.2.1. Your two hours will run from the time that you place your order and will run outside of normal business hours.
Example: If you place an order at 3:00pm on a Sunday, you will have until 5:00pm on the same day to contact us to attempt to cancel or change an order for a Personalised Product. After 5:00pm, you will no longer be able to cancel or change your order for that Personalised Product and shall be charged for such Product.
11.1.2. If you have opted for next day delivery, your order must be placed before 2.00pm to receive a Product the next day. If you place your order for a Personalised Product at 12.00pm or earlier, your two hours to cancel or change your order will run in the same way as outlined in clause 11.1.1 above. In the event that you place an order for a Personalised Product after 12.00pm, you will only have until the 2.00pm deadline to cancel or amend your order.
11.2. To change an order for a Personalised Product, please follow the instructions and link provided to you in the email acknowledging that we have received your order which will allow you to amend the personalisation and/or delivery address. Please note you will only be able to change the personalisation within the time periods specified in clause 11.1 above.
11.3. To cancel an order for a Personalised Product, please contact us within the time periods specified in clause 11.1 above as directed in clause 12.8 below.
11.4. Please note that for a Personalised Product the personalised text you provide will be “Copied & Pasted” into our production system so please ensure you type it exactly as required. We will produce any name, title, phrase or text exactly as you provide with your order except we will always make sure that the first letter of any name or title is capitalised. If you have used ALL CAPITALS then that is how we will produce it. Please ensure that you have provided the correct spelling and capitalisation EXACTLY as required.
11.5. Taking clause 11.4 into account, please double check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling or other mistake that you are responsible for and which you fail to amend in accordance with clause 11.1 above.
11.6. Once we have produced your Personalised Product rectification of any error that you have made will be at your expense – we are sympathetic and in these circumstances will offer you a 30% discount on the identical error corrected replacement. Obviously if the error is ours we will apologise profusely and offer to either a) immediately send you a replacement free of charge or b) we will arrange a full refund of the price you have paid for the Personalised Product, including any associated delivery charges.
12. Your consumer right of return and refund
12.1. Consumers have a legal right to cancel a Contract during the period set out below in clause 12.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
12.2. However, this cancellation right does not apply in the case of:
12.2.1. any Personalised Products that have been sent for production (see clause 11.1);
12.2.2. orders with a delivery address outside of the EU;
12.2.3. any perishable Products; and
12.2.4. any audio recordings or video recordings or computer software which has been opened.
12.3. Your legal right to cancel a Contract starts from the date the Contract between us is formed (see clause 8.3). You will have a limited period of time to cancel your Contract depending on what you have ordered and how it is delivered.
12.4. If your Contract is for a single Product (which is not delivered in instalments on separate days).
12.4.1. The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
12.5. If your Contract is for one Product which is delivered in instalments on separate days; or multiple Products which are delivered on separate days.
12.5.1. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
12.6. If your Contract is for the regular delivery of a Product over a set period.
12.6.1. The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
12.7. To cancel a Contract, you must contact us as set out in clause 12.8 and let us know (before any Personalised Products have gone into production – see clause 11.1) that you have decided to cancel.
12.8. If you would like to cancel a Contract, email us at firstname.lastname@example.org.
12.9. If your Contract is not excluded from cancellation by clause 12.2 above and you cancel your Contract within the cancellation periods set out in clause 12.3 above, we will:
12.9.1. refund you the price you paid for the Products (excluding any applicable delivery charges). We are permitted by law to reduce your refund to reflect any reduction in the value of the goods caused by your use of the Products. Please be aware that if you have ordered Products in accordance with a promotion or discount offer on our Website and your cancellation of part of that order means that you no longer qualify for that promotion, we may reduce your refund to reflect this;
12.9.2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For the avoidance of doubt, if there is more than one Product in your order and you only cancel part of that order we will not refund the delivery charge. We will only refund the delivery charge if you cancel your order as a whole and no Products are delivered to you at all or if you return all Products to us in accordance with clauses 12.13–12.17. If you have ordered a Product and you have paid a specialised delivery charge and successfully cancel your order for that Product, we will refund the specialised delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website; and
12.9.3. make any refunds due to you as soon as possible and in any event within the time periods indicated below:
12.9.4. if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, 14 days after the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us see clauses 12.13-12.17 below; or
12.9.5. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
12.10. If you have returned the Product to us in accordance with this clause because it is faulty or does not match its description, we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you have incurred in returning the Product to us.
12.11. We will refund you by the same method of payment that you used to place your order.
Our right to cancel
12.12. We reserve the right to cancel any order at any time and issue a full refund.
Returns and exchange
12.13. If a Product has already been delivered to you before you decide to cancel your Contract (which must be done in accordance with clauses 12.1–12.11 above), then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
12.14. Unless the Product is faulty or not as described (please see clause 12.10), you will be responsible for the cost of returning the Products to us.
12.15. Subject to you contacting us in accordance with clauses 12.3–12.8 above, we will contact you by email to advise whether you have satisfied our cancellation terms and are eligible for a refund and, if necessary, provide further information detailing how to proceed with your return.
12.16. You can return Products to the following address:
12.17. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 12 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13.1. We will deliver orders within a maximum of 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control – please see clause 22 for further details of our responsibilities in such an event.
13.2. We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
13.3. If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received.
13.4. If no one is available at the delivery address given to accept the delivery, one of our carriers will leave you a card that the Products have been returned to our premises or the premises of any carrier which we use, in which case, please follow the instructions on the card to rearrange delivery. Please note that if you do not rearrange delivery, the Products will be returned to our premises.
13.5. Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time.
13.6. You own the Products once we have received payment in full (including all applicable delivery charges) and the delivery of the Products is completed in accordance with clause 13.5.
13.7. If Products are not delivered within 30 days of the order being received as set out in clause 13.1 above (unless such delivery is delayed by an Event Outside Our Control), then you may cancel your order straight away if any of the following apply:
13.7.1. we have refused to deliver the Products;
13.7.2. delivery within the delivery period was essential (taking into account all the relevant circumstances); or
13.7.3. you told us before we accepted your order that delivery within the delivery period was essential.
13.8. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 12, you can contact us to give us a new reasonable deadline for delivery. If we fail to meet this new deadline, which must be reasonable, you may cancel your order.
13.9. If you wish to cancel your order for late delivery under clause 13.7 or clause 13.8 above, you may cancel the order for some or all of the Products, unless splitting the Products would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them (the cost of which we will pay). After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
13.10. Our normal working hours are Monday to Friday 9.00am-5.30pm and we only dispatch orders during these timescales. All delivery and dispatch timescales quoted on the Website do not include weekends or public holidays. However, please be aware that these working hours do not apply to production. We may still produce items outside of these hours and on weekends and on public holidays.
13.11. Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
13.12. We currently deliver to the following countries: Andorra, Argentina, Australia, Austria, Belarus, Belgium, Bulgaria, Cambodia, Canada, Cayman Islands, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Germany, Gibraltar, Greece, Hong Kong, Hungary, Iceland, Indonesia, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Moldova, Netherlands, New Zealand, Poland, Portugal, Republic of Ireland, Romania, San Marino, Serbia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, United Kingdom, United States and Vatican.
13.13. Our aim is to deliver your order 3-5 working days from dispatch (EU countries) or 7 working days (countries outside of the EU). This is subject to stock availability. Delivery will be by Royal Mail International Tracked & Signed – Monday to Friday, during local country business hours, with a signature service.
13.14. Please note international shipments may be subject to cross-border inspections by customs authorities, which may affect delivery times.
14. Our liability in relation to delivery
14.1. Provided that we take the steps outlined in this clause, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries. If there is a substantial risk of delay, you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
14.2. If the Products you have ordered do not arrive within 30 days of placing the order we accept no liability, so far as permitted by law, unless you have contacted us via email within this period.
Royal Mail (UK deliveries)
14.3. Many of our Products are dispatched by Royal Mail. Therefore please be aware that:
14.3.1. If RM48 (Second Class) delivery is selected this is sent via second class Royal Mail which is estimated to be delivered in 2-3 working days, but is not guaranteed.
14.3.2. If RM24 (First Class) delivery is selected this is sent via first class Royal Mail which is estimated to be delivered in 1-2 working days, but this is not guaranteed.
14.3.3. If you have not received your Products, you must check with your local sorting office, even if you have not received notification from your postman that they are holding Products for you.
14.4. In the event you have not received your order, we must allow for the following timescales before we can take further action and attempt to claim back from the relevant carrier for lost Products:
14.4.1. RM48 (Second Class): 14 working days from date of dispatch.
14.4.2. RM24 (First Class): 10 working days from date of dispatch.
14.4.3. Next day delivery: 2 working days from date of dispatch.
14.5. In the event that we reproduce a Product for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.
Hermes (UK deliveries)
14.6. Some of our Products are dispatched by Hermes Parcelnet Limited. Therefore please be aware that:
14.6.1. Delivery to a standard UK address is estimated to be 5 working days, but is not guaranteed.
14.6.2. Deliveries to remote areas may take up to 7 working days (e.g. the Highlands, Islands of Scotland, Isle of Man, and Isle of Wight), but is not guaranteed.
14.7. In the event you have not received your order, we must allow 7 working days before we can take further action and attempt to claim back from Hermes for lost Products.
14.8. In the event that we reproduce a Product for you and subsequently the original is returned as undelivered by Hermes, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.
Next day delivery (UK deliveries)
14.9. Next day delivery is only available Mondays to Fridays, excluding public holidays and weekends and is subject to the following:
14.9.1. From Monday to Friday, orders must be placed by the time specified on the webpages that guide you through the order process, to ensure delivery the next working day. Any orders placed after this time will be delivered on the date specified on the shopping basket webpage of our Website.
14.9.2. Orders placed on a Friday before the specified last order time will be delivered on the following Monday.
14.9.3. Orders placed on a Saturday/Sunday will be delivered on the following Tuesday.
14.9.4. Unfortunately we can not deliver on a public holiday. In this instance please expect your delivery on the next working day.
14.9.5. Our carriers will normally deliver your parcel between 9am and 5pm but certain carriers may deliver later. Unfortunately, in some cases we may not be able to give you a more specific estimated time of delivery. However, if you have provided your mobile number when ordering, our carrier will often contact you to provide you with a more specific estimated time of delivery.
14.9.6. A signature may be required on receipt.
14.9.7. If you are not available to accept your parcel, the carrier may leave it with a neighbour, or in a safe place, if they think it is safe to do so. A calling card will be posted through your door to let you know this has been done.
14.9.8. If the parcel cannot be left in a safe place or with a neighbour, the carrier will take it back to the local depot, and leave you a card telling you how you can pick it up.
14.10. Next day delivery to Northern Ireland, Overseas UK addresses and Northern Scotland will take up to 2 working days for delivery and may also carry an additional carrier charge.
International (Non-UK deliveries)
14.11. We normally use Royal Mail International Tracked & Signed delivery service. Therefore please be aware that:
14.11.1. Delivery to a EU address is estimated to be 2-5 working days, but is not guaranteed.
14.11.2. Delivery to International addresses not within the EU is estimated to be 5-7 working days, but is not guaranteed.
14.12. In the event you have not received your order, we must allow 10 working days before we can take further action and attempt to claim back from the Royal Mail for lost Products.
14.13. In the event that we reproduce a Product for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.
Customs Duties and Charges
14.14. If your delivery address is outside of the EU, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
15. Delivery charges
15.1. The price of a Product does not include delivery charges. Our delivery charges are as set out during the check-out process (before you confirm your order). To check relevant delivery charges, please refer to our Delivery Information webpage.
16. Price of Products
16.1. The price of the Products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. However, please see clause 16.4 for what happens in the event we discover an error in the price of any Products ordered.
16.2. All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
16.3. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on our Website.
16.4. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
17.1. If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.
18. Service access
18.1. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
18.2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
19. Your material and conduct
19.2. In using the Photo Upload facility on the Website, you agree not to upload or print any images that will cause distress or offence to any person or which contains material as set out in clause 19.5. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image.
19.3. We reserve the right to refuse to process any order that may cause offence or distress to others and in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer.
19.4. We will not be responsible or liable to you for any loss of material uploaded or transmitted through our Website.
19.5. You are prohibited from posting or transmitting to or from this Website any material:
19.5.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;
19.5.2. for which you have not obtained all necessary licences and/or approvals;
19.5.3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
19.5.4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
19.6. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
20. Links to and from other websites
20.1. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
20.2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
20.2.1. you do not remove, distort or otherwise alter the size or appearance of this Website;
20.2.2. you do not create a frame or any other browser or border environment around this Website;
20.2.3. you do not in any way imply that we are endorsing any products or services other than our own;
20.2.4. you do not misrepresent your relationship with us nor present any other false information about us;
20.2.5. you do not otherwise use any trade marks displayed on this Website without our express written permission;
20.2.6. you do not link from a website that is not owned by you; and
20.2.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
20.3. We expressly reserve the right to revoke the right granted in clause 20.2 at any time and to take any action we deem appropriate.
21.1. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
21.2. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website.
22. Events Outside Our Control
22.1. We will not be liable or responsible for the failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 22.2).
22.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (other than you or your affiliates), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
22.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
22.3.1. we will contact you as soon as reasonably possible to notify you; and
22.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
22.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in accordance with clause 1210 above. If you decide to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
22.5. This also applies to Products sent direct from our manufacturers.
23. Our liability
23.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
23.2. We only supply the Products for domestic and private use. By entering into this Contract, you agree not to use the Product for any commercial, business or resale purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
23.3. Nothing in these Terms shall exclude or limit our liability for:
23.3.1. death or personal injury caused by our negligence;
23.3.2. fraud or fraudulent misrepresentation;
23.3.3. misrepresentation as to a fundamental matter; or
23.3.4. any liability which cannot be excluded or limited under applicable law.
23.4. 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 these Terms by you, or your use of this Website, or the use by any other person using your registration details.
24. Advertising and sponsorship
24.1. Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
25. Governing law and jurisdiction
25.1. These Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
25.2. We do not warrant that Products on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
26.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
26.2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
26.3. Only the parties to these Terms may seek to enforce them. Nothing in these Terms is intended as granting any persons who are not parties to these Terms any rights under the Contracts (Rights of Third Parties) Act 1999.