Terms & Conditions
Terms and Conditions
(1) Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must be at least 18 years of age to use our website. By using our website you are agreeing to these terms and conditions, and you warrant and represent that you are at least 18 years of age.
Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(4) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
(5) User generated content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(6) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(9) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
(10) Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
(11) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
(12) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(14) Entire agreement
These terms and conditions , together with our privacy policy, returns policy and delivery policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(15) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
(16) Our details
The full name of our business is Harriet Beeby Designs.
Our Address is;
Belfry House
30 Abbey Grove
Nottingham
NG3 3AU
You can contact us by email at harrietbeebydesigns@live.co.uk.
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(17) DEFINITIONS AND INTERPRETATIONS
In these terms and conditions:
Reference to “we” and “us” is a reference to Harriet Beeby Designs. Reference to “you” is a reference to the purchaser of the item(s) from us.
“Contract” means the contract between us for the sale and purchase of the item(s) from the designers/sellers, which incorporates these Terms.
“product” or “item(s)” means the items purchased via our website from our designers / sellers and other item(s) purchased by you directly from us.
“Terms” means these terms and conditions.
These Terms are the only terms and conditions on which we contract for the sale of item(s) and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
(18) PRICE
All prices are inclusive of UK VAT (Value Added Tax) where applicable at the current rates.
The cost of packaging and postage / carriage is shown separately at the checkout.
All published prices are subject to change at any time without notice. The prices you see on the website are correct from the time the relevant information was entered on the system and Harriet Beeby Designs does reserve the right to change, alter or remove prices, special offers or promotions as and when it deems this necessary.
All payment methods made via credit or debit card or Pay pal are made using our secure online payment system, Pay pal.All our prices are in pounds sterling (GBP) and payment must be in pounds sterling.
(19) ORDERING GOODS ONLINE
Please ensure that all the information that you are required to provide to us when ordering items online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
Please note that orders can only be cancelled up until point of dispatch. If a unauthorised order is dispatched before you notify us, Harriet Beeby Designs accepts no liability and will not take any responsibility.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any cancellation, delay or non-delivery.
Any error or other issue that arises in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
You must be 18 years of age to order from our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
(20) IMAGES, DESCRIPTIONS AND PRODUCT
The creative images that are shown online or in any advertising content are for illustrative purposes only, many of our products are shown with additional props, which are not included in the sale of the product or products unless stated otherwise.
Please note, with certain item(s) you may be required to select a certain size, number, colour or theme and even add a personal message, it is your responsibility to ensure that all spelling, colour, size and any other custom choices are correct as custom signs are non refundable.
We do not inform you of stock quantities as all of our products are hand made to order. Our aim is to dispatch your order within 5 to 10 days of receiving a confirmed and paid for order. However, due to the handmade nature of our items, this time scale is simply a guide and we therefore do not accept any liability whatsoever for any costs, damage or other issues incurred as a result of any item being despatched later than this.
(21) PRIVACY
If you place an order, you will have to provide personal information to us. We will not disclose that information to any
third party without your consent, except for the purpose of processing the order and arranging delivery.
We may contact you from time to time in the form of Emails, E-newsletters, flyers or catalogues with any special discounts, promotions or competitions we may be running. If you wish to opt out of these please un-tick the specific box when setting up your account.
Please refer to our “Privacy Policy” for full details.
(22) PAYMENT
All payment for item(s) purchased and for the cost of packaging and delivery must be made before the items are dispatched.
Payment online will be made by credit/debit card or Paypal. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared and payment funds are available in our account.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
(23) PROMOTIONS AND OFFERS
At Harriet Beeby Designs we like to run promotions, offers and competitions for our customers. If you do use a published promotional code on our website, you can only participate in it once. Sale items are excluded from offers and promotions. The offers and promotions given are not for resale and only apply to personal orders being subject to Harriet Beeby Designs terms and conditions.
(24) Risk & Ownership
Ownership in all item(s) remains with us until full payment of all amounts due to us have been received from you.
You will be responsible for the safe custody and insurance of all item(s) in your possession.
You have no right to re-sell any item(s) until we have received payment in full.