TERMS AND CONDITIONS
(Compiled 18th October, 2006)
Website Conditions of Supply
Please read these conditions carefully before ordering any products from
the website. You should understand that by ordering any products from
the website you agree to be bound by these conditions.
You should print a copy of these terms and conditions for your future
reference.
Please click on the button marked "I accept" when ordering
products from the website if you accept these conditions
Please understand that if you refuse to accept these conditions you will
not be able to order any of the products available from our site.
Introduction
The website is operated by Create A Gift Limited ("Create A Gift",
"us", or "we"): registered office 17-21 College Street,
Northampton NN1 2QP. (The registered company number is 04716645) and
all products advertised on the website are sold and supplied by Create
A Gift Limited a company wholly independent of
Telegraph Group Limited (registered in England and Wales under company no 451593), 1 Canada Square Canary Wharf, London, E14 5DT
acts merely as an advertiser
of Create A Gift Limited’s products.
All information received by us from your use of the website will be collected
and used in accordance with our privacy policy.
You can contact us in the UK by telephone on 01604 234596 or by email
at support@telegraphgift.co.uk
Availability of offers
This site is only intended for use by people resident in the UK mainland
and Northern Ireland and we currently do not accept any orders from individuals
outside the UK mainland and/or Northern Ireland.
Your Status
By placing an order through our site you confirm that:
• you are legally capable of entering into binding contracts;
• you are at least 18 years old; and
• you are resident in the UK mainland and you are accessing the
site from the UK
How the contract is formed
The legal contract formed as a result of any order placed by you on
the website is between you and Create A Gift and is subject to any other
terms and conditions of Create A Gift as may be notified to you directly
by Create A Gift. There will be no contract of any kind between you and
Telegraph Media Group Limited in respect of the supply of any goods or
services from this website
All orders are subject to acceptance by us and we will confirm such acceptance
to you by on-line electronic means (the "Confirmation"). There
will be no contract of any kind between you and us unless and until you
receive a Confirmation. You should always print a copy of your confirmation.
Prices and Payment
The prices for any goods ordered through this site (the "Products")
will be as quoted on our site from time to time, except in the case of
obvious errors. These prices include VAT and UK delivery. Prices are liable
to change at any time, but any changes will not affect orders already
placed and confirmed.
Payment must be by credit card. We accept payment with MasterCard, Visa,
Switch and Debit Cards.
Protx handles the Credit Card payment process for us, once your order
has been processed on the website. This includes checking your details
and clearing your payment. Once the order and payment have been passed
onto Protx you should direct your enquires to Protx if you have any payment
queries (details are provided on the order confirmation email).
However, if you have a problem with your payment please contact
us on support@telegraphgift.co.uk and
we will endeavour to assist you.
Delivery
We aim to dispatch all orders (subject to availability) within 7 days
from receipt of your order for internet orders and within 28 days for
orders by post. In the unlikely event that there is any delay, we will
advise you accordingly.
We can only deliver to the postal address that matches the address lodged
by a user’s credit card company and we only deliver to the UK mainland
and Northern Ireland. Once the product has been delivered to the users’
postal address, the risk of loss and damage is passed to the user.
If you are ordering more than one type of product, you should be aware
that products may be delivered separately.
Cancellation, Return and Refund Policy
If you receive a faulty product, you should contact us at support@telegraphgift.co.uk or
by telephone on 01604 234596 to arrange for the return of the item.
We will replace the item (we will endeavour to do so within 28 days)
or refund you for its cost as instructed. We will also refund your postage
for returning the Product if it is necessary
to return it. If it is necessary to return the Product, we recommend
you use a recorded delivery service to ensure the safe delivery of returned
goods as we cannot be held responsible for goods you return that are
lost in transit.
We accept no liability if you return goods by any method other than a
recorded delivery method (one that requires a signature upon receipt).
Please make sure that the returned package is properly secured and that
you have enclosed the necessary returns documentation (including original
dispatch note). You must retain the recorded delivery receipt for your
own purposes in order to provide proof to us that you have returned the
goods by recorded delivery. This will be required by us only in the unlikely
event that the goods are not successfully returned despite being sent
by recorded delivery.
If the value of your order exceeds £50 then please consult with
your mailing company for the best method to insure your return.
Under the Consumer Protection (Distance Selling) Regulations 2000, you
have a right to cancel your order for any item purchased from home and
to a full refund. However, the above mentioned regulations do not apply
to personalised goods, or goods made to your specification and as such
you will not be able to cancel the order of any of the personalised goods
made available on the website.
This cancellation, returns and refund policy does not affect your statutory
rights.
Our Liability and Disclaimer
We confirm that the products featured on the website are of suitable quality
and are provided in good faith.
Our liability in connection with any Product is strictly limited to the
purchase price of such product or service unless it causes direct physical
damage to you or your property when properly used. This does not exclude
or limit in any way our liability for fraud, or for death or personal
injury caused by our negligence, or any other liability to the extent
that it may not be excluded or limited as a matter of law.
We further accept no liability for any indirect or consequential loss
or damage, or for any loss of data, profit, revenue or business, however
caused, even if foreseeable.
Security
To ensure the security of your transaction any page of our website where
you enter personal information such as credit card details, the information
sent to us is encrypted to safeguard your details. (Encryption prevents
other Internet users from accessing this information.)
You can check that you are shopping in a secure environment by looking
for either a locked padlock icon (Internet Explorer) or an image of a
key (Netscape) in the grey bar at the bottom of your screen. (This will
only appear on pages where you enter personal information, such as credit
card details.)
Intellectual property
You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all materials and/or content made available
as part of your use of this website shall remain at all times vested
either in us or Telegraph Media Group Limited and unauthorized use is
strictly prohibited.
You acknowledge and agree that the material and content contained within
this website is made available for your personal and non-commercial use
only, and that you may only download and print extracts from the material
posted on this site and make copies for your own personal and non-commercial
use.
Amendments
We may amend these terms and conditions from time to time by posting revised
terms and conditions on the site, which shall apply to all orders placed
after such date.
Notices
All notices shall be given by e-mail to Create A Gift at support@telegraphgift.co.uk or shall be given by e-mail to you at either the e-mail or postal address
you provide during the registration process. Notice will be deemed received
24 hours after e-mail is sent or 3 days after the date of posting.
Governing Law and Jurisdiction
Contracts for the purchase of Products through this site will be governed
by English Law. Any dispute arising from or related to such contracts
shall be subject to the exclusive jurisdiction of the English Courts.
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