CREATE SIGNS LIMITED
TERMS AND CONDITIONS FOR THE SALE OF GOODS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.create-signs.com (our Site) to you. Please read these terms and conditions carefully before ordering any Products from our Site. By ordering any of our Products, you agree to be bound by these terms and conditions.
YOUR ATTENTION IS DRAWN TO CLAUSE 10.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
1. Information about us
1.1. www.create-signs.com is a Site operated by Create Signs Limited. We are registered in England and Wales. Our main trading address is 1a Pembroke Avenue, Waterbeach, Cambridgeshire CB25 9QP.
2. Service availability
We do not accept orders from individuals outside the UK.
3. Your status
By placing an order through our Site, you warrant that:
3.1.1. You are legally capable of entering into binding contracts; and
3.1.2. You are at least 18 years old;
3.1.3. You are resident in the European Economic Area; and
3.1.4. You are accessing our Site from the European Economic Area.
4. How the contract is formed between you and us
4.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
4.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Consumer rights
5.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, unused, in their original undamaged packaging, and in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Ownership and risk
7.1. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.2. The Products will be at your risk from the time of delivery.
8. Price and payment
8.1. The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
8.2. Prices on our website include VAT but not delivery charges. Delivery charges are shown separately when ordering and must be paid for in advance.
8.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4. Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6. Payment for all Products must be by credit or debit card. We accept payment with Visa, Maestro, Solo and Mastercard. We will not charge your credit or debit card until we despatch your order.
9. Our refunds policy
9.1. When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you. You will be responsible for the cost of returning the item to us.
9.2. When you return a Product to us for any other reason (for instance, because you have notified us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is damaged or defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective or damaged Product.
9.3. Products returned by you because of a defect or damage will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.4. If we do not deliver the Products or if the Products we deliver are not what you ordered or the delivery is of an incorrect quantity, our only obligation will be, our option to:
9.4.1. make good any shortage or non-delivery or incorrect delivery; or
9.4.2. refund to you the amount paid by you for the Products in question.
9.5. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our liability
10.1. We warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2. Our total aggregate liability to you under this Contract shall not exceed the amount paid by you for the Products.
10.3. Subject to clause 10.2, we will not have any liability to you for:-
10.3.1. losses that were not foreseeable to either us or you at the time this Contract was formed;
10.3.2. losses that were not caused by any breach on the part of us;
10.3.3. business losses; and/or
10.3.4. losses to non-customers.
10.4. Notwithstanding any other clause of this Contract, neither party excludes or reduces its liability under or in connection with this Contract to the extent that it arises in respect of any of the following matters:
10.4.1. for death or personal injury resulting from negligence proved against either party;
10.4.2. for fraud or fraudulent misrepresentation;
10.4.3. for any other matter for which it would be unlawful for either party to exclude or limit or attempt to exclude or limit its liability; nor
10.4.4. under section 2 (3) of the Consumer Protection Act 1987.
10.5. Nothing in this Contract affects your statutory rights.
10.6. You agree that you have read and understood this clause.
10.7. In case of any conflict between this clause and any other clause of this Contract, the provisions of this clause shall prevail.
10.8. For the avoidance of any doubt, this clause shall remain in full force and effect notwithstanding the termination, repudiation or expiry of this Contract. In addition, the rights and obligations of a party that have accrued under this clause shall continue to be enforced notwithstanding the termination, repudiation or expiry of this Contract.
11. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Create Signs Limited at 1 Winship, Road Milton, Cambridge, CB24 6BQ . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of rights and obligations
13.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Events outside our control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1. Strikes, lock-outs or other industrial action.
14.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
14.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2.5. Impossibility of the use of public or private telecommunications networks.
14.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
14.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
17.1. This agreement constitutes the entire agreement between us about the subject matter of this agreement and supersedes all earlier understanding and agreements between us and all earlier representations by any of us about such subject matter.
17.2. We have not entered into this Contract in reliance upon any representation, warranty or promise and no such representation or warranty or any other term is to be implied in it whether by virtue of any usage or course of dealing or otherwise except as expressly set out in it.
17.3. If a party has given any representation, warranty or promise then, (except to the extent that it has been set out in this agreement) the party to whom it is given waives any rights or remedies which it may have in respect of it.
17.4. This clause shall not exclude the liability of a party for fraud or fraudulent misrepresentation.
18. Our right to vary these terms and conditions
18.1. We have the right to revise and amend these terms and conditions from time to time.
18.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).