Terms and conditions for the supply of goods through a website - business to consumer

  1. The contract between us
    We must receive payment of the whole of the price for the goods that you order before your order can be accepted. We reserve the right to reject any order at our discretion. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
  2. Price
    2.1    The prices payable for goods that you order are as set out in our website.2.2.   It might not be possible for us to deliver to some locations.
  3. Right for you to cancel your contract
    3.1    You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth day from the end of the date after the day you or your nominated recipient receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.3.2    If your purchase is an immediate digital download you consent to removal of the right to cancel and acknowledge there is no cancellation period.

    3.3    To cancel your contract you must notify us in writing and may use the form attached to these terms.

    3.4    If you have received the goods before you cancel your contract then [unless, under clause 3.2, you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. You are entitled to open the goods after delivery and decide if you wish to continue with the purchase or cancel in cases where a right of cancellation exists. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you, and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

    3.5    Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

  4. Termination by us
    4.1    We reserve the right to terminate the contract between us, in addition to our right at our discretion to refuse to accept any order, if:
    4.1.1    we have insufficient stock to deliver the goods you have ordered;4.1.2    we do not deliver to your area; or

    4.1.3    one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

    4.2    If we terminate your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment or losses suffered.

  5. Delivery of goods to you
    5.1    We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order and in conformity with the contract.5.2    Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order unless otherwise stated on our website.

    5.3    You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk, and we will not be liable for their loss or destruction.

  6. Liability
    6.1    If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 working days of the delivery of the goods in question.6.2    If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

    6.3    If you notify a problem to us under clauses 6.1 or 6.2, our only obligation will be, at our option:
    6.3.1    to make good any shortage or non-delivery;

    6.3.2    to replace or repair any goods that are damaged or defective; or

    6.3.3    to refund to you the amount paid by you for the goods in question in whatever way we choose.

    6.4    Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.3.3.

    6.5    You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

    6.6    Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

  7. Notices
    Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at info@creative-calligraphy.co.uk and all notices from us to you will be displayed on our website from to time.
  8. Events beyond our control
    We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
  9. Invalidity
    If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
  10. Privacy
    You acknowledge and agree to be bound by the terms of our privacy policy.
  11. Third party rights
    Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
  12. Governing law
    The contract between us shall be governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have jurisdiction to resolve any disputes between us.
  13. Entire agreement
    These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

THE SCHEDULE
INFORMATION ABOUT THE EXERCISE OF THE RIGHT TO CANCEL

Part A

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (ie. a letter sent by e-mail to info@creative-calligraphy.co.uk). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We may withhold reimbursement until we have received the goods back.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay, and not later than -

  1. 14 days after the day we receive back from you any goods supplied; or
  2. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

You shall send back the goods or hand them over to us at Creative Calligraphy, 27 North Main Court, South Shields, NE33 3NX, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Part B

Model cancellation form

To Creative Calligraphy, 27 North Main Court, South Shields, NE33 3NX, info@creative-calligraphy.co.uk.

I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods [insert name of product ordered/received* on [insert date].

Name of consumer(s)

Address of consumer(s)

E-mail address of consumer(s)

Contact telephone number of consumer(s)

Date

[*] Delete as appropriate.