Agreement between Bluebelle Cards and Crafts Website and you, the consumer, to use all aspects of this website.
Part A
1. General Information
i. We are Bluebelle Cards and Crafts and our address of establishment is at 49 Moor Lane, Worle, Weston super Mare, Somerset BS22 6RA, UK.
ii. Our electronic mail address is bluebelle@cloudland.co.uk
2. Formation of Contract
i. Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us.
a. By placing an order through this website, which contains information on prices, together with a description of the products and services that are available and an explanation of any promotional offers and method of payment, you will be agreeing unconditionally to the terms and conditions of use.
b. On completing the checkout process you will be given the opportunity to submit an order to us by clicking on the confirm order button that appears at the end of the process. On receipt, we will send you notification by electronic mail that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly we will notify you immediately by electronic mail if this is the case.
c. If you do not wish to submit an order to us you should return to our homepage.
ii. Please note that while we guarantee to send you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send to you will be received by you, nor that if it is received by you it is legible and uncorrupted.
iii. To enable us to complete your order for wedding stationery, we will forward a questionare by email ( or post / phone if requested) entitled 'Wedding Information Form' (WIF) which asks the information we require to customise your stationery to your requirements. This form has to be returned within 10 working days of the order confirmation to enable us to proceed.
If the WIF has not been returned within 30 days we will consider the order cancelled, and your monies will be credited back to you, less 5% for credit card transactions. We reserve the right to vary delivery dates for late WIF's.
v. These terms and conditions shall override any contrary terms and conditions published by us or appearing on the website in relation to any order placed by you with us.
v. If there are any problems with payment, these must be notified to us within 60 days of the date of the order. If there is any problem with any order we deliver to you, you must notify us within 2 working days of delivery. Failure to comply with these notification dates will result in the order and payment having been deemed to have been accepted.
3. Conditions of the use of this website and the online ordering service
i. There are some situations where we cannot accept an order, and in the order form you will be asked to identify if any of these are applicable to you. You will ensure that your responses are not misleading or inaccurate and accordingly your knowledge that we are reliant upon you to complete the form accurately.
ii. You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or any other intellectual property right, or damaging to data, software, or the performance of our or any other party̢۪s computer systems. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of the breach of your obligation under this condition, including, but not limited to, any claims made against us by any third party.
iii. The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data, including how it may be divulged. Any data about individuals you enter onto our website directly or included in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purpose of any transaction included for or by you through this website. If you are in any doubt about any data, please feel free to email us with the details of the problem first.
iv. In consideration of agreeing to your use of this website, you acknowledge that the ownership of any intellectual property rights including for the avoidance of doubt, copyright) in this website belongs to us. Accordingly, any part of this website (or its source code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purpose of utilising this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its contents.
v. You may only use the trademarks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer, in accordance with condition 2 (iii) above.
vi. We will collate the information which you give us in the order form to provide you with our on-line ordering service. By giving us this information, you consent to our use of it in order to process your order and inform you about its progress. In addition, we may provide this information to other companies who may be interested in sending you details of the goods or services which they will be able to offer to you. If you do not wish to have your details passed on to such companies please signify using the appropriate box in your personal details or as you register.
vii. Please be aware that to the extent permitted by law and acceptance expressly provided for in part b of these terms and conditions, we do not accept liability in respect of this website, your use of it or our online ordering service.
viii. Use of this website is subject to the laws of England and Wales and the exclusive jurisdiction of the English Courts.
Part B
1. Description, Content and Pricing
i. Whilst we make every effort to ensure that our description and pricing is correct, we cannot guarantee that such description and pricing will always be accurate and we reserve the right to alter any description and pricing without prior notification.
ii. You are responsible for the accuracy of the information supplied on the Wedding Information Form (WIF), and we accept no responsibility for batches of stationery produced from inaccurately supplied information, and reserve the right to charge for rework and rectification to correct such faults.
iii. In the case of wedding stationery made to your specification or personalised at your request (custom goods), we will produce the first set finished complete with inserts for your approval. Following your written confirmation that everything is correct we will complete the order.
2. Delivery and risk
i. We will make every attempt to deliver the goods that you have ordered to you in a timely fashion by either the services of Royal Mail Special Delivery or another reputable courier. We will not be responsible for the misdirection or non-deliverance of any goods once they have left our premises.
ii. All items delivered to you by Special Delivery are insured up to the point of your signature. Otherwise and or at that point they become your risk. Damaged goods must be indicated to the delivery agent or postal operative at time of delivery and his sheet signed as "Damaged".
3. Title
Title to the goods passes to you at point of despatch.
4. Payment
Payment must be made using one of the following methods:
a. Credit card
b. Debit card
c. Cheque
If payment is made online using a debit or a credit card, the payment will be accepted once we have received confirmation from your bank that our account has been credited. If you pay by cheque, payment is deemed to have been received by us when we have notification from our bank that your cheque has cleared.
5. Right to withdraw
i. Non customer personalised goods
You have the right to withdraw from the contract without penalty and without the need to give us any reason during a period of 2 working days (Monday to Friday inclusive) begining from the date after the date of receipt of the goods by you.
ii. Goods made to your specification or personalised at your request (customised goods)
In the case of any goods made to your specification or personalised at your request (custom goods), you have 10 working days cooling off period, of which to notify us of your wish to withdraw from the contract for supply of the custom goods, from midnight on the day that the order confirmation is sent by us.
ii. This right of withdrawal shall not apply to customised goods after the 10 working day cooling off period, or if performance of the contract has begun at your request before the end of the 10 working day cooling off period.
iii. We agree to reimburse you within 30 days of notification of withdrawal, and the said goods returned in accordance with section 6, the purchase price you paid for the goods or services, although we do reserve the right to charge you 10% administration for any Inspection and restocking activity, and the cost of any postage charge incurred relating to the returned goods (which shall be by deduction from the purchase price).
6. Returns Policy
i. Returned goods will not be accepted unless you have obtained a returns authorisation number from us.
ii.Items must be sent postage / insurance paid to Bluebelle cards at the address shown in clause 1 and received in an undamaged condition.
iii. You must include your order number.
iv. Credit Card returns will be subject to 5% transaction fee.
Orders that have been produced to custom requirements, will not be considered for refund unless the product is faulty and if notified within 2 working days of receipt by Email and Phone.
7. Warranty and Liability
i. We try to make sure that your order will reach you in perfect condition. If any part of the consignment is found to be faulty and notified to us within 2 working days of receipt at your address we will at our discretion rectify or replace the items free of charge.
ii. This warranty does not cover; normal wear and tear, mis-use, careless or mis-handling, attempted alteration, accidents, mishaps or damage caused by carriers.
iii. The limit of Liability for any claim will be the replacement value of the goods, which will not exceed the original purchase price as shown on the relevant order. The contract is soley with you as the purchaser, and no third party liabilities are accepted.
iv. Your statutory rights are not affected.
N.B. Hand Made/Assembled goods may vary slightly in colour, layout or content and this is normal for this type of product and therefore this aspect is excluded from the warranty. We always try to produce an order from matched batches of materials, but variations may occur if part sets are ordered separately. Please discuss your requirements if this applies.
8. Termination
This Agreement shall commence on the your acceptance of these Terms of Use. It shall continue in force unless and until terminated under this Clause 8.
We may, at any time and by giving you not less than 48 hours' prior written notice, either terminate your order in its entirety or withdraw or change some or all of the content.
We may terminate this Agreement immediately on giving written notice to you if any of the following occurs: you commit a breach of any term of this Agreement; if you are a body corporate or a partnership, if you present a petition or has a petition presented by a creditor for your winding up, or convene a meeting to pass a resolution for voluntary winding up, or enters into any liquidation (other than for the purposes of a bona fide reconstruction or amalgamation), or has a receiver or administrator appointed over all or any of your undertaking or assets; where you are an individual, if you die or if you commit any act of bankruptcy or insolvency, or makes or negotiates any composition or arrangement for the benefit of your creditors.
Termination shall not affect any accrued rights of either party existing as at the date of termination. Clauses 3 and 8 shall remain in full force and effect notwithstanding termination of this Agreement.
Part C Miscellaneous
1. Complaints. We aim to provide you with a quality service. If however, you feel you have a cause to complain, you can contact us at the address given in section 1 of Part A above. We will try to do our best to resolve any problems that arise.
2. Fo
rce Majeure. We do not take responsibility for any event that is outside our control, nor for any consequential loss arising from such an event. Such causes include but are not limited to, acts of God, natural disasters, fire, floods, explosions or earthquakes, epidemics or quarantine restrictions, any acts (including delay or failure to act) of any government (which term shall include the EC), war, insurrection, riots and any other event of Force Majeure.
3. Entire Agreement This agreement supersedes any prior agreements or arrangements which have subsisted between us, provided the information that you have given us is not incorrect or fraudulent.
4. Interpretation in the Agreement:
i. Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
ii. Words importing the singular include the plural, words including any gender include every gender and words including persons include bodies corporate and un-incorporate; (in each case) vice versa;
iii. Any reference to a party in this agreement includes a reference to his successors in title and permitted assigns
iv. The headings to these clauses are for ease of reference only and shall not be effect the interpretation or construction of this agreement
v. For the avoidance of doubt, all Intellectual Property Rights, are the property of Bluebelle Cards.
5. The Law
This Agreement shall be governed by and construed in accordance with the Laws of England and Wales.
6. Waiver
Waiver Failure or neglect by us to enforce any of the provisions of this Agreement at any time shall not be construed or deemed to be a waiver of our rights nor shall this in any way affect the validity of the whole or any part of this Agreement, nor prejudice our rights to take subsequent action
7. Severability
Not withstanding that the whole or any part of any provision of this agreement may prove to be illegal or unenforceable, the other provisions of this agreement and the remainder of the provisions in question shall remain in full force and effect. If you agree to be bound by the above conditions, please tick the appropriate box during the checkout process. If you do not agree, you should not tick this box and no ordering can take place. If you tick the appropriate box during the checkout process, you agree to be bound by the above conditions for the use of the services of the software.