Terms and Conditions
Terms and conditions
These terms and conditions apply to the use of this website at www.appletreecrafts.co.uk (the “Website”). By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this Website indicates that you accept these terms. If you do not accept these terms, do not use this website. The provisions of these terms and conditions do not affect your statutory rights.
Our contact details are as follows:
Apple Tree Crafts,16 Verley Close, Woughton on the Green, Milton Keynes, MK6 3ER, United Kingdom.
email: appletreehouse@dls.pipex.com Telephone number: 01908 669681
1. Introduction
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. Ordering from us
You are deemed to place an order with us by ordering via our online checkout process or by separate email followed by payment. We will send you an order acknowledgement by email, detailing the products you have ordered.
Our acceptance of an order takes place immediately, unless we have notified you that we do not accept your order or you have previously cancelled your order. Please allow up to 28 days for an order to be processed, although it usually happens well within this time.
We may refuse to accept an order:
(a) Where goods are not available;
(b) Where we cannot obtain authorisation for your payment;
(c) If there has been a pricing or product description error;
(d) If you do not meet any eligibility criteria set out in our terms and conditions;
(e) If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
3. Pricing
Currently VAT is not applicable.
Price is made up of 2 elements, as displayed on the product pages, i.e.
a. Cost of item and
b. Post and Packing.
4. Cancellation and Returns Policy
Order Cancellations
Under the United Kingdom's Distance Selling Regulations you have the right to cancel your order for any item purchased from www.appletreecrafts.co.uk for a full refund.
However, this does not apply to products which
a. we have made, personalised or customised specifically for you
b. you have made an error in the text for your order and the work has already been started. Please check your order on screen and the confirmation email carefully as we cannot refund on products which have been mis-spelt.
We reserve the right to cancel your order at any time and issue a full refund.
Returns, exchange and refunds
If you return personalised or customised product because of an error on our part, or because it is defective, we will happily refund the full value of the item and your costs in returning it to us. The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.
If you are not completely satisfied with the goods, please contact us within seven days, by phone or email, quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement..
If a return is agreed, you have a duty to return the item to us and it is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post. Refunds cannot be given if the fault is as a result of misuse.
Your rights to return the goods to us will not apply in the following circumstances:
- any products that we have made, personalised or customised specifically for you
- where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging. The address for returns address is as shown above.
5.Delivery
We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
The majority of our products are despatched recorded delivery by Royal Mail and will require a signature. You will be advised of date of despatch by email so If you have not received your item within 5 days of that email you must check with your local sorting office even if you have not received notification from your postman that they are holding items for you.
In the event that we reproduce an item for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100 of the sales price of the reproduced product.
We reserve the right to wait up to 10 days from the date of despatch before replacing an undelivered item.
6. Licence
You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
7. Service Access
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
You are prohibited from posting or transmitting to or from this Website any material:
(a) - that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
(b) - for which you have not obtained all necessary licences and/or approvals
(c) - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world or
(d) - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
8. Disclaimer
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
9. Liability
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
10. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.
11. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.
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