Terms & Conditions
This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods and services (the 'Products') listed on this website (the 'Website') to you.
Before confirming your order please:
1 - Read through these terms and conditions (the 'Conditions').
3 - We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
This Website is owned and operated by Creative Together ('we'/'us'/'our')
You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
We will contact you by email or provide you with information by posting notices on our Website.
The prices of the Products are quoted on the Website.
Prices quoted for delivery (in the case of goods) and for performance (in the case of services) are for the United Kingdom unless otherwise specified.
Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered) and delivery costs (in the case of goods). The delivery costs will be added to the total amount due from you at their current rate. Details of our delivery charges can be located on our Website.
Payment can be made by credit or debit card or electronic payment account as long as it is accepted by PAYPAL. PAYPAL process all of the payments processed on this site.
By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.
When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
By accepting these Conditions you:
1 - Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered
2 - Undertake that any and all Products ordered by you are for your own private or domestic use only and not for resale
3 - Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
4 - We shall contact you should any problems occur with the authorisation of your card.
5 - We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
The Products will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.
We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it.
Any dates quoted for delivering the goods and/or completing performance of the service are approximate only.
We shall not be liable for any delay in delivering the goods and/or completing performance of the service, however caused.
Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom). However if you are outside of the UK and wish to order please contact us to discuss. Thank you.
REFUNDS AND RETURNS
We reserve the right to not issue refunds or accept returns. This does not affect your statutory rights.
ORDER PROCESS AND FORMATION OF A CONTRACT
Any order placed by you constitutes an offer to purchase the Products from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Products ordered by you from the Website.
A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the goods.
The Contract will relate only to the Products stated in the order.
You will be subject to the version of our policies and Conditions in force at the time that you order the Products from us, unless:
1 - Any change to those policies or these Conditions is required to be made by law or governmental authority.
The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Creative Together moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
LIABILITY AND INDEMNITY
Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
1 - Death or personal injury resulting from our negligence
2 - Fraud or fraudulent misrepresentation
3 - Action pursuant to section 2(3) of the Consumer Protection Act 1987
4 - Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We will not be liable if the Website is unavailable at any time.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
1 - any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
2 - any loss of goodwill or reputation; or
3 - any special or indirect losses; or
4 - any loss of data; or
5 - wasted management or office time; or
6 - any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed, is strictly limited to the purchase price of the Products you purchased.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
1 - Strikes, lock-outs or other industrial action
2 - Private or public telecommunication, computer network failures or breakdown of equipment
3 - Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
4 - Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
5 - Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
6 - Acts, decrees, legislation, regulations or restrictions of any government
7 - Other causes, beyond our reasonable control
Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
SUSPENDING OR TERMINATING YOUR ACCESS
We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
1 - You fail to make any payment to us when due
2 - You breach the terms of these terms and conditions (repeatedly or otherwise)
3 - You are impersonating any other person or entity
4 - When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5 - We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
All Contracts are concluded and available in English only.
We will not be liable to you if the Website is unavailable at any time.
We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
Any prices and offers are only valid at the time they are published on the Website.
All prices and descriptions supersede all previous publications.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
You may not use the Website for any of the following purposes:
1 - Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
2 - Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
3 - Breaching any applicable local, national or international laws, regulations or code of practice
4 - Gaining unauthorised access to other computer systems
5 - Interfering with any other person's use or enjoyment of the Website
6 - Breaching any laws concerning the use of public telecommunications networks
7 - Interfering with, disrupting or damaging networks or websites connected to the Website
8 - Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
9 - To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
10 - To create and/or publish your own database that features all or substantial parts of the Website
11 - Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
In addition, you must not:
1 - Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
2 - Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
3 - Attack the Website via a denial-of-service attack or a distributed denial-of service attack
4 - Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.