General Terms and Conditions
1. Copyright and Agreement
Please read the following terms and conditions carefully before using the Services provided on our Web Site. By accessing this Site or placing an order, you agree to these terms and conditions. If you do not agree with these terms and conditions then you are not authorised to use or access this Site.
The contents of this Web Site are: Copyright © of Creative Cacti Designs. All designs are owned by Nicola Lloyd-Jones.
Nicola Lloyd-Jones is the sole proprietor of Creative Cacti Designs whose principal place of business is 40 Chichester Rd, Cleethorpes, NE Lincs, DN35 0HZ
In these terms and conditions, the followings expressions shall have the following meanings:
“We/Our/Us” means Nicola Lloyd-Jones t/a Creative Cacti Designs
“You/Your/Yours means an individual, firm, or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from us
“Site” means the Site on the World Wide Web located at www.creativecacti.co.uk
“Content” means the information, designs and other material available on the Site
“Goods” means the products supplied by us to you
“Services” means the services to be provided by us to you including without limitation the creation of handcrafted and printed bespoke designs to suit your requirements.
Any reference in these conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
The headings in these conditions are for convenience only and shall not affect the interpretation.
Subject to the terms and conditions set out below and confirmation of order, we agree to provide the Goods/Services to you offered on this Site.
Please follow our simple guide on How To Order by clicking on the link. Please note once an order has been placed this is deemed as an offer. You will receive an email from us confirming that your order has been received, which shall be deemed as acceptance and a contract will be formed. The following provisions shall apply to all orders.
Full payment must be made prior to any work commencing. In the case of payment by cheque then work will not commence until the cheque has cleared.
We allow you to purchase Goods/Services from us by credit or debit cards. All prices shown on the Site are in British Pounds Sterling. To ensure security and privacy, we use Protx for our online credit and debit card transactions. Please ensure that you do not send your credit or debit card details by email.
We will take every reasonable precaution to keep the details of your order and payment secure, but accept no liability whatsoever for any losses suffered or incurred as a result of unauthorised access to information provided by you.
Your details are not stored on the Internet and will not be retained by us following the transaction.
5. Security Statement
The Site is fully integrated with Protx which is one of the worlds leading secure payment systems.
All information passed between our Site and Protx is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted. No information passed to Protx servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
All sensitive data is secured using recognised 256-bit encryption standards. The encryption keys are held on state-of-the-art, tamper proof systems.
6. Retention of Title
Ownership in the Goods and designs shall remain at all times vested in us until full payment is received. We reserve the right to change all item and delivery prices without formal notice. All prices quoted are inclusive of VAT.
7. Delivery Dates
Delivery dates are given in good faith. Time is not of the essence for performance of the Services or delivery of the Goods. We accept no liability whatsoever for any losses, costs, claims, liabilities, demands or expenses suffered or incurred by you arising out of or in connection with our failure to meet such delivery dates. If you have not received your order, it is your responsibility to notify us as soon as practicably possible. We cannot be held responsible for delivery delays caused by any third parties. If for any reason, your order is delayed we will always inform you immediately.
8. Returns, Refunds & Cancellations
There shall be no refunds or exchanges on personalised wedding & event stationery or product that has been made to individual customer specification unless the Goods are damaged by any representative or employee of Creative Cacti Designs
Any damage caused by any person other than representatives or employees of Wedding Stationery Designs shall be at your sole expense.
Non-personalised cards shall be refunded or exchanged if returned to us in saleable condition within 14 days of delivery date. Pursuant to the Distant Selling Regulations (2000) you have 7 days in which to notify is that you wish to cancel, and the 7 days shall commence from the day after you receive the Goods. This is your statutory ‘cooling off’ period. This right to cancel only applies to non-personalised Goods which are returned to us in a saleable condition. The cost of postage to return the Goods shall paid by you.
Orders shall only commence once full payment is received in cleared funds. Full payment will be retained for material and labour costs where you cancel personalised stationery orders after production has commenced.
Whilst every care is taken to pack the order securely, we accept no liability for any loss or damage in transit. All packages are despatched via Royal Mail Recorded or Special Delivery or by courier which includes full traceability and insurance.
All incorrect/ faulty Goods must be reported to us within 5 days of receipt. If incorrect/faulty Goods have been supplied in error, we will replace the Goods, free of charge. Missing Goods must also be reported within 5 days of receipt. All personalised items are strictly non-returnable. Such Goods can only be returned, by prior approval, if received in a faulty condition. In the rare case where faulty goods have been supplied, we will send a free replacement.
We reserve the right to substitute materials used in card designs with those of the most equivalent or similar quality. Each card is hand finished, therefore there may be very slight variations to each card. We accept no liability whatsoever for any such variations. Every care has been taken to describe and portray cards accurately using current printing technology. We shall use all reasonable endeavours to ensure that the quality and appearance of the Goods are as described on the Site.10. Proofs & Personalisation
You acknowledge and confirm that when submitting your amended proofs all spellings and details have been checked thoroughly by you.
We accept no liability for the accuracy of personalised stationery if confirmed proofs were not properly checked or incorrect personalisation details were provided to us or if you decide not to amend/view any proofs. Any additional amendments required after you have confirmed the accuracy of the proofs will be charged for. The final proofing and amendments are your responsibility. You hereby agree to indemnify us and keep us indemnified in respect of any losses, claims, costs, liabilities, demands and expenses arising out of any libellous matter or any infringement of proprietary or personal rights contained in any cards personalised for you. We may decline any order for personalisation that we feel are offensive or illegal and reserve the right to reject an order if we suspect that it is not a legitimate order. It is your responsibility for obtaining permission for any printed reproduction of images, poems, hymns, readings etc supplied to us. For the avoidance of doubt you agree to fully indemnify and hold us harmless against any action brought in respect of breach of a third party’s copyright.
11. Rights Granted/Rights Reserved
The Content of our Site is for your personal use only. You agree and confirm that under no circumstances shall you copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content (“the Prohibited Use”). You hereby agree to indemnify us and keep us indemnified against all liabilities, costs, expenses, demands and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with the Prohibited Use of our Site by you.
12. Use of the Site
You acknowledge and confirm that the Site may from time to time contain certain faults which may result in temporary unavailability of the Site or ‘downtime’. In addition you acknowledge that the running of the Site may be affected by external conditions and performances, including but without limitation telecommunication links between our systems and networks. We accept no liability whatsoever for any losses, costs, claims, liabilities, demands or expenses of whatever nature suffered or incurred by you as a result of the availability of our Site.
(b) Limitation of Liability
Under no circumstances shall we be liable for any loss or damage whatsoever suffered or incurred by you arising directly or indirectly from or in connection with the Site or your use or reliance upon the Content or any information published on the Site. Nothing in this Clause 10 restricts or limits our liability in respect of death or personal injury arising from our negligence.
You acknowledge and confirm that you use the Site at your own risk and we accept no responsibility whatsoever for any result or consequence arising out of your use of the Site.
You hereby agree to indemnify us and keep us indemnified against any liability, losses, costs, claims, demands or expenses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, legal, and other professional costs and expenses) suffered or incurred by us arising out of or in connection with your use of the website.
(d) Links to Third-Party Sites
The Site contains hyperlinks to other web sites. You confirm and agree that we are not responsible for the availability of external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and confirm that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.
We are committed to ensuring your privacy at all times and shall not under any circumstances share or sell names or any other information about you to any other person or business. We confirm that we only collect information about you to process your order and to provide you with the best possible service. We will not email you in the future without your consent unless it is regarding an order and will only use the information that we collect about you lawfully. We are fully compliant with the Data Protection Act 1998.
The Site Content is designed to be as accurate as possible. However, certain Images of cards displayed on this Site are not true sizes of actual products. In addition the colour of images may vary slightly from the true colour and we shall have no liability whatsoever in respect of this.
15. Consumer Rights
None of the above Terms and Conditions affect your statutory consumer rights.
16. Modification to these terms and conditions
We reserve the right to alter these terms from time to time. Your continued use of the Site shall be deemed as acceptance of the alterations.
If any provision of these terms and conditions (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
The Contract shall be governed by English Law and you hereby submit to the exclusive jurisdiction the English courts.
Placing an order through this website or sending a deposit/payment is a notification that you agree with our terms and conditions.
All of our items are recorded for copyright purposes. All rights reserved.