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WEBSITE TERMS AND CONDITIONS
WELCOME TO THE
www.celebrationmessages.com WEBSITE TERMS AND CONDITIONS FOR
USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE
AT
www.celebrationmessages.com. BY ACCESSING THIS WEBSITE
AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS.
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.
General email:
info@celebrationmessages.com
1. INTRODUCTION
1.1 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.
1.2 We may revise these terms and conditions at any time by
updating this posting. You should check this Website from time
to time to review the then current terms and conditions, because
they are binding on you. Certain provisions of these terms and
conditions may be superseded by expressly designated legal
notices or terms located on particular pages of this Website. 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.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our
online checkout process. As part of our checkout process you
will be given the opportunity to check your order and to correct
any errors. We will send you an order acknowledgement, detailing
the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the
order. We will send you a despatch confirmation by email. When
we despatch the order the purchase contract will be made even if
your payment has been processed immediately, unless we have
notified you that we do not accept your order or you have
cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our
terms and conditions.
3. PRICING
3.1 Our prices do not include VAT as we are not registered for
VAT.
3.2 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
this Website.
3.3 Our prices are reviewed periodically and the next review
will be on 01/04/2010.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to
info@celebrationmessages.com before we have dispatched the
goods to you; or
(b) where goods have already been dispatched to you, by
returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason
at any time within 14 days of receipt for a full refund or
exchange. The costs of returning goods to us shall be borne by
you.
4.3 Upon receipt of the goods we will give you a full refund of
the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in
clause 4.3 will not apply in the following circumstances: -
in the event that the product has been used,
in the case of software, audio or visual products, where the
packaging has been unsealed,
to any products that we have made or customised specifically for
you
The provisions of this clause 4.4 do not affect your statutory
rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this
Website for your own use on the following basis:
(a) no documents or related graphics on this Website are
modified in any way;
(b) no graphics on this Website are used separately from
accompanying text; and
(c) any of our copyright and trade mark notices and this
permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other
intellectual property rights in all material on this Website
(including without limitation photographs and graphical images)
are owned by us or our licensors. For the purposes of these
terms and conditions, any use of extracts from this Website
other than in accordance with clause 5.1 above for any purpose
is prohibited. If you breach any of the terms in these terms and
conditions, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded or
printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be
reproduced or stored in any other website or included in any
public or private electronic retrieval system or service without
our prior written permission.
5.4 Any rights not expressly granted in these terms are
reserved.
6. SERVICE ACCESS
6.1 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.
6.2 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.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is
covered under the
Privacy Policy, any
material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no
obligations with respect to such material. We and our nominees
will be free to copy, disclose, distribute, incorporate and
otherwise use such material and all data, images, sounds, text
and other things embodied therein for any and all commercial or
non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from
this Website any material:
(a) that 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;
(b) for which you have not obtained all necessary licences
and/or approvals;
(c) 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
(d) 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).
7.3 You may not misuse the Website (including, without
limitation, by hacking).
7.4 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 clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 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.
8.2 You may not create any links to this Website.
8.3 You shall fully indemnify us for any loss or damage we or
any of our group companies may suffer or incur as a result of
your breach of clause 8.2.
9. REGISTRATION
9.1 To register with www.celebrationmessages.com you must be
over eighteen years of age.
9.2 Each registration is for a single user only. We do not
permit you to share your user name and password with any other
person nor with multiple users on a network.
9.3 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.
9.4 We may suspend or cancel your registration immediately at
our reasonable discretion or if you breach any of your
obligations under these terms and conditions.
10. DISCLAIMER
10.1 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.
10.2 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 and
conditions might have effect in relation to this Website.
11. LIABILITY
11.1 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 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.
11.2 Nothing in these terms and conditions shall exclude or
limit our liability for (i) death or personal injury caused by
negligence (as such term is defined by the Unfair Contract Terms
Act 1977); (ii) fraud; (iii) misrepresentation as to a
fundamental matter; or (iv) any liability which cannot be
excluded or limited under applicable law.
11.3 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.
11.4 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 the terms
and conditions by you, or your use of this Website, or the use
by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and
construed in accordance with English law. Disputes arising in
connection with these terms and conditions shall be subject to
the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale 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.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any
of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by
any court of competent jurisdiction to be invalid, the
invalidity of that provision will not affect the validity of the
remaining provisions which shall continue to have full force and
effect.
13.3 Only the parties to these terms and conditions may seek to
enforce them under the Contracts (Rights of Third Parties) Act
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