Inspired Creative Design website use.
Reliance On Information Posted & Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
1. Information about us
Inspired Creative Design is a Limited Company; incorporated under the companies act 2006, registered in England and Wales Company Number : 7981587 Our registered trading office is: Old Laira Road, Laira, Plymouth Devon. PL3 6AF
2.1 These Terms govern the relationship between you as an authorised user and us Inspired Creative Design.
2.2 Please read these Terms carefully because they form a legal document.
2.3 You may only use this website if you are aged eighteen (18) years or over for purchases.
2.4 These Terms do not affect any consumer rights which you may have under the provisions of any law or regulation in the country where you live ("Local Law"), except where those rights are capable of being waived by you under the provisions of your Local Law.You agree that, by you agreeing to these Terms with us, you waive any consumer rights you have which are capable of being waived under your Local Law and that these terms are the only terms and conditions that apply between you and us in respect of your use of the website and the supply of your personalised products.
2.5 By the display and description of any product, we do not agree to process your order or supply your product/s at the prices specified, or at all. The terms will not form a binding contract between you and us for the purchase and supply of products until the following conditions have been met, you have submitted your offer to buy certain products (your order) using the order facility provided by this website; full cleared payment has been received;and we notify you that your order been accepted.
2.6 We will not be responsible for any loss or damage, arising as a result of a failure, refusal or inability by us to fulfil an order.
3. Accessing our site
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).
3.2 We will not be liable if for any reason if our site or products are unavailable at any time or for any period.
4. Intellectual property rights
4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.3 The personalised product designer is made available to our customers through this website. The artwork and associated images created from the use of this product shall remain the property of the copy-write holders, and may not be downloaded from this server.
4.4 The personalised product designer shall only be used to create artwork with the sole use of placing an order for the relevant product on this website, and at no time shall become the property of the customer.
5. Product change and improvements.
5.1 We aim to provide you with the most accurate descriptions and images the content of any advert may be updated, through a continuous improvement of products policy. If the need arises, we may suspend access to our site. Any of the material on our site may be out of date at any given time, and we will endeavour to supply you with the product/s advertised or a product that is equal to or better than that advertised.
5.2 All prices quoted include UK value added tax (at the applicable rate), and if there is a separate postage and packaging charge this is listed with the price and specification of products. The total cost is the "Purchase Price". We shall not be liable for any other sales taxes, customs or import duties or other taxes which may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.
5.3 The colour of products shown in the adverts shall not be a guarantee of the colour of the finished product, colour variation on your viewing device may misrepresent the actual colour of the finished product.
6.The Contract Formation
6.1 The on-line order process to order any product/s from the site which includes the following key steps shall for the basis of the contract between you (the purchaser) an us (the supplier). Select and personalise your products Click "Add to cart" to add to your list. You can choose to have your products delivered to you or sent to an alternative address as appropriate to your requirements;. You will be offered paypal or World pay as the payment options, these are the only options we have available as payment gateways, please tick accept terms and conditions. The next screen will confirm the price of your products (including VAT) and the applicable delivery charges which will be added to the price of your products to give you a total. If you need to correct any errors in your order you can do so by clicking the modify tab where you can also remove one or more product from your order by clicking on the relevant remove button. Once you are ready to place your order, please click on "confirm order". You will then be directed to paypal or enter into the website form, for your payment details to be processed. If you have used the paypal check out button, this will take you to paypal for payment processing. After the payment has been processed you will be returned to inspiredcreativedesign to confirm you order. All of you order details will have been passed by paypal to your order, please check and confirm your details.
6.2 After placing an order to purchase the product/s, you will receive an e-mail from this site acknowledging that we have received your order. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us. The contract between us for the purchase of the products will only be formed when notify you of dispatch.
6.3 You acknowledge that the product/s are made to your personal specification and we cannot cancel any order for personalised products once it has been processed. You accept that you will not have any right to cancel a contract for the supply of any such personalised products unless you notify us within 7 days or the order has been marked as dispatched. This provision does not affect your statutory rights.
6.4 Ownership of the product/s will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges and taxes.
6.5 The product/s will be at your risk from the time of delivery.
6.6 The price of any product/s will be as quoted on the site, except in cases of obvious error.
6.7 Prices are liable to change at any time, but changes will not affect order, in respect of which, we have already processed.
6.8 We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as miss-pricing. In this instance we have the right to refuse the order.
6.9 Where Products are defective or lost in the post any refund will be offered at our sole discretion. Any such refund will be made in full, excluding any refund for the delivery charges for sending the item to you.
6.9.1 We will use reasonable endeavours to respond to your order within a reasonable length of time.
7. Our liability
7.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.2 It is possible that images or other material may appear on our web site which are unlawful or offensive. We are not responsible for such images or material but if you become aware of any such images or material on the web site you should please inform us without delay.
7.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
7.4 We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site (including the uploading of any images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
8. Information about you and your photo uploads.
8.2 You agree only to send to us images in which you own the copyright (e.g. you took the photographs or they were taken with your permission with your camera) or images which you are authorised to send to us. You agree not to infringe the intellectual property rights of any third party.
8.3 You agree that you are responsible for the security and use of any user names or passwords needed to access the website or any part of it. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and that you do not allow any unauthorised person to access the site using your user name or password.
8.4 You warrant that the details, of which you supply to us are correct, and not misleading, we reserve the right to terminate your account without notice.
8.5 You must not misuse our site by knowingly introducing viruses, Trojans, worms or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. In the event of such a breach, your right to use our site will cease immediately. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
8.6 Any material otherwise obtained through use of the site is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the use of any such material.
8.7 Any liability we may have to you shall be limited to the reprinting of the Images and the products.
8.8 Please be aware that in the case of personalised photo products, the size and quality of the photo provided is key to the final look of the product. A smaller photo for a larger product will need to be enlarged and will therefore loose some quality and sharpness. Note the size of the finished product and enlarge your photo accordingly for the best quality finished product before you send it to us. We cannot be held responsible for the quality of the final product if it is the fault of the original photo, be it either size or quality.
8.9 Copyright infringement when used with the on-line design tool Your photographic and / or artwork uploads should not infringe third-party rights or statutory regulations. This includes trademarks, copyrights and personality rights. To use a artwork, photo, logo, etc. you need to hold the rights to the artwork - (provided that such rights exist in the first place.) Personal rights and defamation can include pictures of celebrities, Watermarked Photos, signed artwork ext all must not be used without the correct permission. If photo's and / or artwork has been used to create an order we reserve the write to delete the image and refund the order.
8.9.1 When using the upload photo tool the ownership of the image uploaded continues, uploading your image to our site does not transfer the ownership or any usage writes.
9. Delivery Terms & Conditions.
9.0 All Orders will be delivered to the address using details given during the checkout process.
9.1 We aim to dispatch order's within 3 working days of your order being accepted by us.
9.2 Pursuant to Clause 3.1 above, unless you are notified of an alternate time frame, by us, prior to the expiry of any specified delivery period.
9.3 Delivery will be by the Royal Mail.
9.4 The delivery date is an estimate only from the Royal Mail delivery guide, Inspired Creative Design shall not be liable for any late delivery of customers orders or any loss or damage caused as a result.
9.5. Risk and Title.
9.5.1 The Products will be at your risk from the time of delivery.
9.5.2 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.
9.5.3 Our financial liability to you in the event of your completed order being lost in dispatch, shall be limited to the payment you have made for the particular order.
9.5.4 We reserve the right to add to or change the delivery terms in its sole discretion without prior notice to you.
9.5.5 All changes to the delivery terms will be effective once posted on the inspiredcreativedesign website.
9.5.6 Your continued use of the inspiredcreativedesign website and submission of any order will be regarded by us as acceptance of the amended Terms.
9.5.7 If you do not agree to be bound by the amended Terms, you should not access the website or submit any orders to us.
9.5.8 Prices shown include VAT but exclude delivery costs. This will be added to the total amount due, as set out above, before the total price is given at check out.
9.5.9 Nothing in these Delivery terms affects your statutory rights as a consumer.
9.6. Special Delivery Next Working.
9.6.1 Special Delivery Next Working Day will be defined as delivery by the royal mail under the option your parcel will be delivered by the royal mail using their before 1:00 pm the next working day service.
9.6.2 This will be a signed and fully tracked service, so someone at the delivery address must receive and sign for the package.
9.6.3 We will retain the certificate of postage and information of delivery this will be stored through the click and drop service.
9.6.4 Any Order placed under the Special Delivery Next Working Day service will be dispatched the following day after the date on the order submission.
9.6.5 All orders dispatched under this service can be tracked on the royal mail website using the tracking number where supplied. Follow this link to check your delivery: track-your-item
9.6.6 Next day delivery is a service offered by the royal mail and inspiredcreativedesign shall not be held liable for late delivery's by the royal mail.
10. The Consumer Rights Act.
This gives protection to consumers who shop via the Internet. The protection includes but is not limited to:
- The right to receive clear information about goods and services before deciding to buy, this is the information contained with in the website.
- Confirmation of this information in writing. This will be an email conformation.
- A cooling off period of three working days in which the consumer can withdraw from the contract. Under the Regulations a consumer can cancel a distance contract at any time during the cancellation period by notifying this intention to the supplier in writing. At times this is also referred to as the "cooling-off period".
- The Consumer Rights Act state that your right to cancel an order starts the moment you place your order and does not end until 14 working days from the day after you receive your goods.
- This time frame gives you as the customer the opportunity to check that the item you have ordered meets the standard with which we have advertised the product and that the personalisation details requested are correct.
- Exceptions to the right to cancel ,unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts: the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products)
- As a company and in the interest of good customer relations we do accept some returns on a case by case basis, but we do not have an obligation to cover returns, in line with the Consumer Contracts Regulations, as the items we supply are tailor-made or personalised specificity to customers requirements.
- Protection from credit card fraud
- For more details on returns, please see our Returns here
11. Personal information.
12. Card payments.
- Information is not stored by this website but is processed by PayPal or World Pay secure payment gateways.
- The order payment is processed using a token scheme, this site will only hold the 'token' and as such will not hold any card numbers or personal card details above the minimum to delver the order to the customer.
- We reserve the right to make moderate use of contact data provided when making a purchase, for marketing purposes and making special offers for products related to the original purchase, within the limitations of the Data Protection Act.
13. Discount Codes & Gift vouchers
Discount codes and / or Gift codes will be stated as 'The promotion' for the following paragraphs.
- At checkout, enter the promotional code in the “Gift Vouchers and / or Discount Codes” box. The promotion will be applied to your order.
- The promotion only applies to qualifying items dispatched from and sold by Inspired Creative Design on the website inspiredcreativedesign.co.uk
- The promotion, were offered, is valid for a limited time only, stated at the time of the offer. We reserves the right to cancel at any time.
- The promotion will have no monetary value and are only redeemable on the inspiredcreativedesign.co.uk web site, when placed against deliverable goods.
- The promotion is only redeemable once for the full face value of the offer. Only one promotion code can be used per order.
- The promotion entitles you, at the time of ordering, to a saving on a new order placed with inspiredcreativedesign.co.uk.
- Inspired Creative Design reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
- The promotion shall not be valid in conjunction with any other offer.
- The promotion shall not be valid on sale items or other discounted items.
- In the event of a product return, a refund will be given for the original purchase after the discount has applied.
- If part of an order is being returned, the value of the discount applied to that order will be spread between the goods proportionately.
- The promotion will not be applied to any replacement items
- The promotion entitled 'Free delivery' apply to UK standard delivery only.
- Inspired Creative Design reserves the right to change these Terms and Conditions at any time.