Terms and Conditions of Supply & Website Use
The Website is owned and operated by Creatively Different Limited. Our company number and registered office address is set out below. Our VAT number is 907824902.
Please read these Terms and Conditions carefully. Your use of the Website and any purchases of Goods will be subject to and constitute acceptance of the most current version of the Terms and Conditions posted on the Website at the time of such use/purchase. Please view these Terms and Conditions each time you visit the Website, and note any amendments that may have been made.
If You do not accept these Terms and Conditions then do not use this Website or purchase Goods from the Website.
Please note that in these Terms and Conditions:
The Company, We or Us or Our or Ours means Creatively Different Limited (UK Company Number: 6211378; Registered office: 11 High Street, Ruddington, Nottingham NG11 6DT).
You, Your, Yours, Yourself and The Customer means the person using the Website and/or ordering and/or purchasing Goods on the Website.
‘Goods’ means the roller blinds manufactured and supplied by Creatively Different Limited, and the subject of the order placed by You.
The Website means the Website located at www.creativelydifferentblinds.com or any subsequent Website which may replace it.
PART A: TERMS APPLYING TO SUPPLY OF GOODS
Promotional Usage Prohibited
The Goods are intended for use domestically, although they may be used in a commercial environment provided that they are not being used to promote a business. You agree that you shall not use the Goods to promote a business. If we suspect that Goods have been ordered to promote a business (for example, because a business logo, name or contact details are included in the image), we reserve the right to cancel the order.
Contracts for Goods
When you place an order with us using the online order form on our Website, you are making an offer to buy Goods. We will notify you of acceptance of your order by email to the email address given by you on the order form. No order will be binding on us until it has been accepted by us.
Each separate order for Goods shall constitute a separate contract; the contract between you and the Company for the supply of Goods becomes legally binding, once we have begun production of the Goods. Production of the Goods will not commence until final approval of your order and payment for your order is received.
Price and Payment
The price of any Goods ordered by you will be the Company’s quoted price shown in the order confirmation section of our Website at the time that your order is placed, and will include delivery costs within the United Kingdom, and Value Added Tax (VAT) at the current rate.
Please note that, as we are based in the UK, our Website shows all prices inclusive of VAT. Customers from countries where VAT is not applicable will not be charged VAT at the time of their order unless the order is being sent to a UK or EU address. Customers who are resident within the EU will pay VAT at the local rate.
Information regarding the delivery charges which are applicable for locations outside the United Kingdom is available in the information on ‘Delivery’ on our Website. Please note that it is your responsibility to ensure that all import or export regulations with regard to any Goods you purchase from us are adhered to. We accept no liability and take no responsibility in respect of the export or import of Goods purchased from us.
Using Your Own Images on Goods
Where you provide an image for placing on to the Goods ("Your Image"), the terms and conditions in this section apply.
You agree that you own or are licensed to use (and sub-licence to us) Your Image. You grant us a royalty-free worldwide licence to use Your Image for the purpose of placing Your Image on to the Goods that you have ordered.
We reserve the right to refuse to print Your Image on to Goods if, in our opinion, the image is indecent, inappropriate or offensive, or if, in our opinion, reproduction of an image risks infringement of third party rights.
You shall indemnify us against any damages, costs (including reasonably incurred legal costs) and other liabilities arising from any claim by a third party that the use of all or part of Your Image by us (including but not limited to the printing of Your Image on to Goods) infringes the intellectual property rights of any third party and/or is offensive, obscene, defamatory, libellous, slanderous, has caused injury or an invasion of privacy or any other violation of third party rights.
Refusal of Transaction
We reserve the right to refuse to process a transaction for any reason or to refuse service to anyone at any time. We will not be liable to you if we refuse to process a transaction or if we unwind or suspend any transaction after processing has begun.
Please note that, in order to be able to purchase Goods from us, you must possess a valid debit or credit card, be 18 years of age or older, and provide true and accurate information about yourself when you register with us.
Your order may not accepted, due to any of the following reasons:
• PayPal cannot obtain authorisation for your payment;
• You do not satisfy our criteria covering eligibility to order;
• We have identified an issue with your eligibility to order from our Website.
Cancellation of Order (Except Defective Goods)
Should you wish to cancel your order once we have accepted it, please contact us immediately by email at firstname.lastname@example.org, or by telephone on 0800 085 2055, quoting your order number. We will advise you whether it is possible to cancel your order. Since the Goods you have ordered are custom-made to your specific requirements, once production of your order has commenced, we are unable to accept cancellation of your order.
If production of your order has not commenced, and we confirm that we have cancelled your order, we will refund to your account any sum already debited from your debit or credit card as soon as possible, but in any event within 30 days of cancellation of your order. We will normally make the refund to the debit or credit card that you used to make payment.
We reserve the right to cancel your order if any part of the Goods you ordered was listed at an incorrect price due to typographical error, or an error in the pricing information made by us and/or received by us from our suppliers. In this event, you will have the option of keeping the Goods if you authorise us to deduct the outstanding balance from your debit or credit card.
If we cancel your order, we will notify you by email, and will credit your account with any sum deducted by us from your debit or credit card as soon as possible, and, in any event, within 30 days of your order being placed. We will not be obliged to offer any additional compensation.
The above does not affect your statutory rights.
Defective Goods and Returns Policy
All our Goods are carefully checked and securely packed before leaving our premises. However, if you find that Goods are defective on delivery, please contact us immediately by email at email@example.com or by telephone (0800 085 2055), giving full details of the problem.
In the event that there is a defect or problem, we will ask you to return the Goods to us, so that we may either repair or replace the Goods. We will reimburse you for the returns postage cost, and re-deliver them to you at our expense.
If we find that the Goods are not defective, or have been modified or misused in any way, or are the subject of negligence, you will be responsible for the payment of our charges in respect of any repairs, collection and return of the Goods which we agree to carry out at your request. We shall be entitled to debit this charge against the debit or credit card which you used to order the Goods, provided that we advise you of the amount of this charge before we carry out the repair to your Goods.
The above does not affect your statutory rights.
Product Description and Measurement
Whilst we make every endeavour to ensure that the information about Goods and other information contained within our Website is accurate, we give no warranty as to its accuracy.
The Goods supplied will be manufactured according to measurements which you provide in your order. It is therefore extremely important that the measurements you provide are accurate. You are advised to read the instructions on ‘Measuring Your Window' which can be found in the 'Help' section on our Website. Goods which have been produced from measurements supplied in your order, but which subsequently do not fit the window, may not be returned.
Delivering Your Goods
We will arrange for the delivery of your Goods to the address you have provided on the order form for delivery within ten working days after We have received Your emailed approval of the proof(s) We have sent you showing how the image will look on Your Goods.
Purchased Goods will be sent by carrier, and will be deemed to have been received 24 hours from the time sent.
If you are not available to receive the Goods, our carrier will retain your Goods and leave a card with contact details to notify you of the attempted delivery, and to advise a second delivery date – usually the following day. You will be responsible for contacting the carrier to arrange an alternative date for re-delivery.
In the event that you are again unavailable to take delivery of the Goods, our carrier will leave a card notifying you of the second attempt to deliver your Goods, and advising you of a depot address from which you will be able to collect your Goods.
If a second attempt at delivery fails, and you do not collect your Goods from the depot, or contact our carrier within 5 days, the Goods will be returned to us. You will then be responsible for arranging re-delivery with us and such re-delivery will be subject to a second delivery charge.
Risk and Ownership of Goods
The risk on the Goods shall pass to you on delivery once the Goods have been signed for. Ownership of and risk in the Goods will pass to you once they have been delivered to you. If you return the Goods, ownership of, and risk in, the Goods returned will pass back to us on receipt by us of the Goods returned.
Limitation of Liability for Goods
The below limits and exclusions of liability apply to liabilities arising from contracts for the supply of Goods to you. Part C below contains additional liability limits.
We warrant to you that any Goods purchased from us through the Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking any contract between us and you is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will take all reasonable care 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 the Website.
PART B: TERMS OF WEBSITE USE
Changes to the Website
We reserve the right to discontinue or to make partial or complete modifications to this Website and to these Terms and Conditions at our discretion, and without prior notice. We will not be liable to you or to any third party if we withdraw an image from our online Image Gallery, or remove or edit any materials or content on the Website. Withdrawal, removal or editing ('Alteration') of an image will not affect any Goods in being produced at the time of the Alteration that use the relevant image.
You accept and confirm that we shall not be liable to you or to any third party for any modification to, or withdrawal of, the Website.
Links to and from the Website
You may not link to our Website without first obtaining our consent.
Viruses, Hacking And Other Offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Website or to your downloading of any material posted on it, or on any website linked to it.
PART C: GENERAL
Limitation of Liability
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or any other law.
- Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, 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.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Neither the Company, nor its Directors, its employees, or suppliers shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits, or for any damages or losses that may be caused to any equipment and other software due to any viruses, defects or malfunctions arising from or in connection with access to or use of this Website.
To the extent that there is a conflict or consistency between the above liability limits and the limits of liability for Goods (in Part A), the limits of liability for Good override the above liability limits.
Copyright, Trademarks and Other Intellectual Property Rights
This Website was developed exclusively for and is the property of Creatively Different Limited.
The material on this Website is protected by copyright. All copyright, trademarks and all other intellectual property rights in all material or content contained within this Website at all times remains and shall remain the property of Creatively Different Limited or of their licensors respectively.
Unauthorised copying, reproduction, transmission, publishing, displaying, distribution, commercial exploitation, modification, hiring, lending or broadcasting of such material or content is strictly prohibited under copyright and intellectual property law.
Any purchase by you of Goods does not convey any proprietary right in the image(s) contained on such Goods, which remains the copyright of us or our licensor(s).
PLEASE NOTE THAT ALL IMAGES INCLUDED IN THE CREATIVELY DIFFERENT LTD IMAGE GALLERY AT WWW.CREATIVELYDIFFERENTBLINDS.COM WHICH PORTRAY PERSONALITIES ARE 100% UNOFFICIAL AND NOT TO BE SEEN AS AN ENDORSEMENT BY THE PERSONALITY CONCERNED OF THE CREATIVELY DIFFERENT LIMITED PRODUCT OR WEBSITE.
Copyright Infringement Complaints Procedure
We have made every effort to discover and contact copyright holders of artwork and content used in this Website. To the extent that a copyright holder could not be found or an inadvertent permissions or copyright error was made, Creatively Different Limited stands ready to remove content upon notice and request by a copyright holder, provided that such holder provides reasonably satisfactory evidence to demonstrate ownership.
Alleged copyright violations should be brought to our attention by email at firstname.lastname@example.org, so that such issues may be dealt with promptly.
When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and that this complies with any legal requirements that communications be in writing.
Any email correspondence from us will be deemed to have been received by you 24 hours from the time it was sent.
Messages that you send to us by email may not be secure. If you choose to send any confidential information to us via email, you accept the risk that this information may be intercepted by a third party.
We are not responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control, and shall not be liable for any losses or expenses (whether direct or indirect) arising out of such delay or failure. This does not affect your statutory rights.
You may not transfer, assign, charge or otherwise dispose of a contract between us and you, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract between us and you, or any of our rights or obligations arising under it, at any time during the term of the contract.
You warrant that the personal information you provide when you register as a customer of the Website is true, accurate, current and complete in all respects. Furthermore, you agree not to impersonate any other person or entity or to use a false name or any name that you are not authorised to use.
Governing Law and Jurisdiction
These Terms and Conditions are governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction.
We take our relationship with our customers very seriously, and endeavour to do our best to keep you happy. We aim to respond to emails within two working days of receipt, and are appreciative of all feedback. If you have any comments or suggestions about the service we offer, please email us at email@example.com.