These are the terms of business on which Cheeky Little Prints (“We”, “Us” or “Our”) provides products to You. Please make sure that You have read these terms and conditions before You make a purchase from Us. If anything is unclear please Use the contact details in Section 11 to let Us know.
Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Goods” refers to any product which We may supply and which You may request through Our Website, by email, by telephone, in person or via social media;
“Contract” means the Agreement for the purchase and sale of goods, as explained in Clause 2;
“Price” means the price payable for the goods;
“You/Your/Yours” means You, the person ordering any Goods via any method described above.
“We/Us/Our” means Cheeky Little Prints of 60 Bullfinch Close, Covingham, Swindon, SN3 5HP, and includes all employees and agents of Cheeky Little Prints.
“Website” means Our Website https://www.cheekylittleprints.co.uk on which We offer Our Goods.
“Writing” includes electronic mail, facsimile transmission and comparable means of communication.
- The Contract
2.1. Any Quotation given by Us shall not constitute an offer and is only valid for a period of 30 days from its date of issue.
2.3. These terms and conditions should be read and accepted by You prior to Your purchase. You accept that by purchasing any of Our Goods, You agree to be bound by these terms and conditions.
2.4. This Contract will begin on the date We confirm acceptance, either verbally in person or in writing, of Your order (Start Date) and will be considered to be completed upon receipt of full Payment from You and delivery of the Goods by Us.
2.5. These Terms & Conditions apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6. No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by Us.
2.7. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
- Website Purchases
3.1. You agree to take particular care when providing Us with Your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that You provide is Your own credit or debit card and that You have sufficient funds to make the payment.
3.2. We will take all reasonable care, in so far as it is in Our power to do so, 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 Our Website.
3.3. Great care has been taken to ensure that the information available on Our Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that Use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and We do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- Description of Goods
4.1. All products are handcrafted and as such may contain minor imperfections or faint scratches.
4.2. We warrant that:
4.2.1.Goods descriptions are accurate, honest and fair.
4.2.2.Goods are free from material defect at the time of despatch.
4.3. The descriptions of goods on Our Website and in Our marketing literature are for identification only. The goods may vary slightly from their description, of appearance, technical specification, dimensions and Weight, and performance.
4.4. If You believe that We have delivered goods which are defective in material or workmanship, You must:
4.4.1.Inform Us (in writing), with full details, within 30 days of the discovery of the defect.
4.4.2.Allow Us to investigate and co-operate as much as reasonably possible with any investigation, including giving Us a reasonable opportunity to inspect the goods in question.
4.4.3.Cease to Use the goods in questions once You have given Us notice of a defect.
4.4.4.Not attempt to alter or repair the goods without Our agreement.
4.5. If the goods are found to be defective in material or workmanship (following Our investigations), and You have complied with those conditions (in clause 4.3) in full, We will (at Our option) replace the goods or refund the price.
- Price and Payment
5.1. The price quoted for the goods includes UK delivery, unless otherwise stated.
5.2. All prices listed on the Website are correct at the time of publication however We reserve the right to alter these in the future. We also reserve the right to alter the Goods available for sale on the Website and to discontinue any service.
5.3. To ensure that shopping online is secure, Your debit/credit card details will be encrypted by Our third-party payment handler to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is You making the order.
5.4. Any discounts offered by Us to You for the provision of Goods are offered against published price lists or standard rates in force at the date of quote, and such discounts or offers are unable to be used in conjunction with any other offers available at that time.
5.5. Full payment is required before We will start work on Your order.
5.6. We accept payment by Bank Transfer, cash, PayPal, credit and debit card.
- Customer Responsibilities
6.1. We ask that You return Your prints within two (2) weeks of placing Your order so We can balance Our workload and display accurate lead times. However, We realise that this isn’t always possible. Please return Your prints as soon as possible, so We can fulfil Your order, manage stock and Our workload. Failure to return prints within three (3) calendar months from acceptance of Your order may result in additional charges to cover any increase in supply costs to Us.
6.2. You will be sent a proof of the personalisation You have ordered. It is important that You check it for accuracy (spelling) and that it is a fair representation of the print that You submitted. We ask that You return Your approval of the proof within two (2) weeks of it being sent. Failure to return approval of a proof within three (3) calendar months from when it was sent may result in additional charges to cover any increase in supply costs to Us.
6.3. We will not be held liable for any errors in spelling on the finished product once the proof has been approved by You.
6.4. If you wish to supply a professional photograph or image that is subject to copyright you must provide proof you own the right to print/reproduce that image. Failure to provide this proof will mean your image will not be used to produce the item ordered.
7.1. UK Delivery:
7.1.1.Stamps – kit is delivered Royal Mail first class, posted within 48 hours of the order being accepted. Finished stamp is delivered Royal Mail first class, posted seven (7) days after receiving Your prints back.
7.1.2.Jewellery – kit if required delivered Royal Mail first class, posted within 48 hours of the order being accepted. Finished jewellery is delivered Royal Mail Special Delivery, posted within fourteen (14) days after receiving Your prints back. Jewellery is fully insured and guaranteed (by Royal Mail) to arrive by 1pm the next day after posting.
7.2.1.Stamps – kit is delivered equivalent of first class post, posted within 48 hours of the order being accepted. Finished stamp is delivered equivalent of first class post, posted seven (7) days after receiving Your prints back.
7.2.2.Jewellery – kit if required delivered by the equivalent of Royal Mail first class, posted within 48 hours of the order being accepted. Finished jewellery is delivered Royal Mail Air Sure, posted within 14 days after receiving Your prints back. Jewellery is fully insured and tracked.
7.2.3.Additional delivery charges will apply to overseas orders. Please check with Us before placing Your order.
7.2.4.If goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once Your goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If You are buying internationally, You are advised to contact Your local customs authorities for further details on costs and procedures. As the purchaser of the goods, You will also be the importer of record and as such should ensure that Your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of Your goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
7.3. All and any delivery times quoted are estimates, and We cannot guarantee to deliver at any particular time or date.
8.1. You have the right to withdraw from Your order at any time before it is accepted by Us.
8.2. You have a statutory right to cancel Your order within fourteen (14) days without giving any reason providing You have not ordered personalised goods.
8.3. You do not have a right to cancel if You are purchasing personalised good.
8.4. The cancellation period will expire fourteen (14) days from the day of conclusion of the Contract (the Start Date).
8.5. To exercise this right to cancel You must inform Us, Cheeky Little Prints, of Your decision to cancel by a clear statement (e.g. a letter sent by post or email). You may Use the attached model cancellation form, but it is not obligatory.
8.6. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.
8.7. Where clause 8.2 applies, if We have already dispatched Your order at the time You inform Us of Your wish to cancel You must return it to Us, in its original packaging, immediately. A refund will be given upon receipt of the returned goods.
8.8. We reserve the right to terminate the Contract with immediate effect in the event of any of the following:
8.8.1.that You become bankrupt or enter into some form of insolvency arrangement.
8.8.2.that You (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
8.9. In the event that either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
8.10. All notices of termination of the Contract should be submitted to the other Party in Writing.
- Events Outside of Our Control (Force Majeure)
9.1. We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control. These include, but are not limited to, acts of God, power failure, internet service provider failure, industrial action, war, fire, explosion, acts of terrorism, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control, and We shall be entitled to a reasonable extension of Our obligations. If the delay persists for such time as We consider unreasonable, We may, without liability on Our part, terminate the contract.
9.2. If an event outside of Our control occurs and You wish to cancel the Contract, You may do so in accordance with Your right to cancel under sub-clause 6.1 or 6.3 above.
- Limitation of Liability
10.1. We disclaim any and all liability to You for the supply of the Goods to the fullest extent permissible under applicable law. This does not affect Your statutory rights as a consumer. If We are found liable for any loss or damage to You such liability is limited to the amount You have paid for the relevant Goods. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to You howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of Our negligence.
10.2. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to You or Your computer system via Our Website.
10.3. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from You is stored as securely and safely as possible. However, We cannot be held liable in the extremely unlikely event of a breach in Our secure computer servers or those of third parties.
- Communication and Contact Details
11.1. If You wish to contact Us with questions or complaints, You may contact Us by telephone at +44 7792 835639 or by email at email@example.com or in writing to Our trading address; 60 Bullfinch Close, Covingham, Swindon, SN3 5HP
- Data Protection
12.1. ‘Data Protection Legislation’ refers to all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
12.2. All personal information that We may collect (including, but not limited to, Your name, postal address, email address and telephone number) will be collected, Used and held in accordance with the provisions of Data Protection Legislation as defined in clause 12.1.
12.4. In certain circumstances, and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protections Legislation as defined in clause 12.1 and should Use and hold Your personal information accordingly.
12.5. We will not pass on your personal information to any other third parties without first obtaining your express consent.
- Other Important Terms
13.1. In the event that any of the provisions of the Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
13.2. The Contract between You and Us for the sale Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by You, without Our prior written consent.
13.3. In the event that any party to this contract fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Governing Law and Jurisdiction
14.1. This Contract shall be governed by and construed in accordance with the laws of England & Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England & Wales.
MODEL CANCELLATION FORM
To Cheeky Little Prints, 60 Bullfinch Close, Covingham, Swindon, SN3 5HP
I/We* hereby give notice that I/We* cancel My/Our* contract of sale for the provision of Goods.
*delete as appropriate
|Date of Order|
Print off and send this form to Cheeky Little Prints, 60 Bullfinch Close, Covingham, Swindon, SN3 5HP or scan it and email it to firstname.lastname@example.org
Alternatively, You can call Us on +44 7792 835639 or just e-mail Us with Your cancellation request, including Your name and address details.
Please remember purchases for personalised items cannot be cancelled.