1.1 An order for goods placed by you, the buyer through our website shall be subject to these terms and conditions.
1.2 All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
1.3 Nothing in these terms and conditions shall affect the statutory rights of any consumer.
2.1 All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions.
2.2 You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the website order form and we will not be obliged to accept an order unless all details requested on the website order form have been entered correctly.
2.3 No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of your order by e-mail (where applicable) or by telephone.
2.4 We are entitled to refuse any order placed by you and will not be required to provide an explanation.
3.1 Photographs sent by you, the owner of the photograph will never be shared with other parties or used for publicity purposes without your written permission.
4.1 The price of the goods will be the price quoted on the website at the date the order is received excluding delivery unless specified otherwise.
4.2 Orders from countries outside the UK or Europe will be despatched at our discretion and we shall be entitled to levy a carriage surcharge where the standard carriage charges are not sufficient due to the nature of the goods or the country for delivery. We shall contact you, the buyer, to obtain agreement of the increased cost prior to shipment.
5.1 When we provide any goods to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form.
5.2 By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided on the website order form.
5.3 Title to the goods will pass to you, the buyer, on payment in full of the price of the goods.
6.1 The goods will be delivered to you, the buyer, at the address provided by you on the website order form.
6.2 The risk in the goods shall pass to you on such delivery taking place.
6.3 Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be of the essence for an order for goods placed by you, the buyer.
6.4 We shall not be liable to you, the buyer, for orders of multiple goods not all delivered at the same time however caused but will provide you with the outstanding goods as soon as is reasonably practical. If however we have not delivered the outstanding goods within 21 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding goods.
7 Return of Goods
7.1 You, the buyer, will inspect the goods as soon after delivery as is reasonably practicable and will notify us by e-mail at firstname.lastname@example.org of any shortages, defects in the goods or any other complaint in respect of them within 10 working days from the date the goods were delivered.
7.2 We operate a policy of accepting returns provided the goods and their original packaging are received by us by recorded delivery within 10 working days from the date the goods were delivered and the goods are returned to us in new condition. You, the buyer, will bear the cost of returning the goods to us by recorded delivery. Please allow 10 working days for us to reimburse the price of the goods to the credit card account provided by you on the website order form.
7.3 Save in respect of any shortages or defects if you, the buyer, fail to comply with this clause 7 we will not be held legally liable in respect of any other complaint which should have been brought to our attention within this period.
8 Your Warranty
You, the buyer, warrant that all details provided on the website order form for the purpose of purchasing the goods are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
9 Limitation of Liability
9.1 We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reasons of any delay in performing, or any failure to perform any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following will be regarded as causes beyond our reasonable control:
9.1.1 Act of God, explosion, flood, tempest, fire or accident;
9.1.2 War or threat of war, sabotage, civil disturbance or requisition;
9.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or
9.1.4 Import or export regulations or embargoes;
9.1.5 Strikes, lock-outs or other industrial actions or trade disputes;
9.1.6 Power failure or breakdown in machinery.
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing at the address provided by you for delivery on the website order form. If we are still prevented from carrying out our obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.
9.2 Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
9.3 Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
9.4 Notwithstanding anything contained in these terms and conditions, our liability to you, the buyer, in respect of each order, in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the price of the goods specified in each order actually received by us.
10 Intellectual Property
10.1 The copyrights, designs, patents, trade marks and other intellectual property in the material contained in this website belongs to Creative Cutouts or its licensors save that the images contained in this website belong to the listed authors or agents.
10.2 You may download or copy the content and other downloadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
10.3 We shall have no liability to you in connection with claims based on or resulting from the infringement of intellectual property rights, of any kind whatsoever, of third parties.
11.1 We will attempt to ensure that the information available on the website at any item is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
11.2 All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods.
11.3 We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
12.1 We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.
12.2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
12.3 Each order shall be considered a contract made in England and shall be governed in all respects by the law of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
12.4 The headings in this Agreement are for convenience only and will not affect their interpretation.
13 Queries and Complaints
13.1 We aim to respond to e-mail, faxed and written queries within 1 working day.
13.2 In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.
14.1 Personal information submitted to us via enquiries or the payment process will never be shared with third parties.