Terms and Conditions

 

+ 1. Definitions

a. "Seller" means the party providing the goods or services under these terms and conditions.

b. "Buyer" means the party contracting with the Seller to acquire the good and services supplied under these terms and conditions.

c. "Work" means all goods personalised and non-personalised (by way of intermediate or finished product) and services supplied by the Seller to the Buyer.

+ 2. Materials supplied or specified by the Buyer

2.1 Electronic file

a. The Seller shall not be responsible for checking the accuracy of supplied electronic files.

2.2 Risk and storage

a. Buyer's property and all property supplied to the Seller by or on behalf of the Buyer shall while it is in the possession of the Seller or in transit to or from the Buyer be deemed to be at Buyer's risk unless otherwise agreed in writing and the Buyer should insure accordingly.

+ 3. Proofs

a. The Seller shall incur no liability for any errors due to Buyer input error. The Buyer should check the information that they have inputted carefully.

b. DIY online - you can preview your work as you create it. Once you are happy and have submitted it to us we will provide a printed proof for your final approval before production.

c. Bespoke calendar design service - PDF's proofs are supplied in the first instance one you have approved the PDF we will supply a printed proof for your final approval before production.

+ 4. Order cancellation and returns

4.1 Order Cancellations Under rules called The Consumer Protection (Distance Selling) Regulations 2000, when you buy something 'at a distance' (online, or by mail or phone order), you have a 'cooling-off' period during which you can change your mind and cancel the order.

This cooling-off period gives you seven working days, starting from the day after you receive the goods, to cancel, and you do not have to give a reason for cancelling.

However, there are some items that you can't return:

  • CDs, DVDs or software if you've broken the seal on the wrapping
  • perishable items such as food and flowers,
  • tailor-made or personalised goods If you wish to cancel your order you can notify us by email to customerservices@createcalendars.co.uk or by telephone 0330 088 1256 before we have dispatched the goods to you or where goods have already been dispatched to you, the goods must be returned to us. Please note: In order to provide a fast service some products are immediately sent for production. Please check your order on screen as we cannot refund products which have spelling errors. We reserve the right to cancel your order at any time and issue a full refund. The provisions of this clause do not affect your statutory rights.

4.2 Returns and exchange If you are not completely satisfied with the goods, simply return them to us at any time within 14 working days of receipt. If goods are returned within 7 working days of receipt we will issue a full refund including postage and packaging, or an exchange. After 7 working days we will refund the cost of the order minus the postage and packaging charge paid. The costs of returning goods to us shall be borne by you. The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post. Your rights to return the goods to us will not apply in the following circumstances:

  • Any products that we have made, personalised or customised specifically for you
  • Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
  • If you have made a spelling mistake on your order and it has been sent for production. If you return an item because of an error on our part, or because it is defective, we will happily refund the full value of the item and your costs in returning it to us. The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.

Please send your returns to: Customer Services, CRE8FOR Limited, PO Box 1267, Cambridge CB1 0YN.

+ 5. Claims

5.1 Claims

a. Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the Seller and the carrier within three clear days of delivery (or, in the case of non-delivery, within 3 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the Seller and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 7 days of notification of despatch). All other claims must be made in writing to the Seller within 14 days of delivery. The Seller shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Buyer proves that (i) it was not possible to comply with the requirements and (ii) the claim was made as soon as reasonably possible.

b. If the Work is defective so that the Buyer may in law reject it, said rejection must take place within 7 days of delivery of the goods, failing which the Buyer will be deemed to have accepted the Work.

c. In the event of all or any claims or rejections the Seller reserves the right to inspect the Work within seven days of the claim or rejection being notified.

+ 6. Liability

6.2 Liability

a. Insofar as is permitted by law where Work is defective for any reason, including negligence, the Seller's liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work.

b. Where the Seller performs its obligations to rectify defective Work under this condition the Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Buyer shall not be entitled to any further claim in respect of the Work nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.

c. Defective Work must be returned to the Seller before replacement or credits can be issued. If the subject Work is not available to the Seller the Seller will hold that the Buyer has accepted the Work and no credits or replacement Work will be provided.

d. The Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the work or for any loss to the Buyer arising from delay in transit, whether as a result of the Seller's negligence or otherwise.

e. Where the Seller offers to replace defective Work the Buyer must accept such an offer unless he can show clear cause for refusing so to do. If the Buyer opts to have the work re-done by any third party without reference to the Seller the Buyer automatically revokes his right to any remedy from the Seller, including but not exclusively the right to a credit in respect of Work done by the Seller.

f. Where the Work will be forwarded by or on behalf of the Buyer to a third party for further processing the Buyer will be deemed to have inspected and approved the Work prior to forwarding and the Seller accepts no liability for claims arising subsequent to the third party's processing.

g. The Seller reserves the right to reject any work forwarded to him after initial processing by a third party as soon as is reasonably practicable without processing the work any further. Should the Buyer require the Seller notwithstanding to continue, then the Seller is only obliged to do so after confirmation from the Buyer in writing.

h. Nothing in these conditions shall exclude the Seller's liability for death or personal injury as a result of its negligence.

+ 7. Illegal matter

The Seller shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.

+ 8. Force majeure

The Seller shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the Buyer; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Buyer may by written notice to the Seller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

+ 9. Law

These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.

+ 10. Notices

All specifications and notices relied on by either party and all variations to this agreement must be in writing and include a duly authorised signature.

+ 11. Consumers

Nothing in these Terms shall affect the rights of Consumers.

+ 12. Severability

All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.