TERMS AND CONDITIONS
Welcome to the Dizzy & Creative website (hereafter referred as the website or our website).
If you would like to ask us anything about these terms and conditions please email firstname.lastname@example.org These terms and conditions and our delivery and returns policy set out on the basis on which you visit and use the website.
(NB.with exception to writing a review, please read the additional terms and conditions before proceeding with your review.) We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time without individual notice to you and each such change shall be effective immediately upon posting. Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only. We make no warranties, either express or implied as to the Website’s accuracy, nor in relation to any transaction undertaken on or through the Website included but not limited to implied warranties of non-infringement, compatibility, security, accuracy or completeness. Although we seek to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
SAFE SHOPPING - SECURE GUARANTEE
Dizzy and Creative places great importance on maintaining the security of the information that you provide and for this reason we use advanced Internet security system to safeguard your data. All the data that you send through, including your credit/debit card number and name and address, is encrypted and converted into code before it is transmitted across the Internet. Therefore in the extremely unlikely event that the data should be intercepted, it would be encrypted and difficult to decipher.
On 25th May 2018 GDPR and you.
On May 25th new regulations GDPR (General Data Protection Regulations) come into force concerning how your personal data is dealt with by companies. This concerns our Dizzy and Creative relationship with you in several ways.
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes.
We would like to ensure that everyone who receives our newsletters after May 25th has has actively chosen to do so. If you receive communication from us that you don’t remember agreeing to, it may be that we got your details from another business who believe they had your permission. Please be reassured that we will not disclose your details to any third party.
If you wish to choose to opt out, please use the unsubscribe link at the bottom, Dizzy and Creative will be sorry to see you go.
Dizzy and Creative collects personal information when you place an order or buy a gift voucher. When an order is placed with us, we need to hold personal information including your name, email address, phone number/s, home address, shipping and credit card billing address so that we can process and fulfill your order.
Credit card details are not stored by us and will only be used to process your order, using our payment partner's, Paypal and Etsy under the terms of their Privacy Policies, which we recommend that you read.
Please note that cookies cannot introduce viruses to your computer or extract personal contact information. Your personal information will be kept by us so we can deal with your orders and process your payments. You may be able to set your browser to reject cookies, although this may affect the quality of your visit.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Our website displays the trademarks, logos and service marks that are registered and unregistered marks of Dizzy and Creative and/or our licensees suppliers and are protected by applicable trade mark laws. All material on our website without limitation designs,instructions (tutorials), publications, products, graphical and images are owned by us Dizzy and Creative and/or our licensees/licensors/suppliers. We reserve fully all of our and suppliers’ intellectual property rights. Except in connection with browsing our website and placing an order for Dizzy and Creative merchandise, or as required by applicable law, you may not use, duplicate, modify designs and instructions, delete, distribute, copy, sell resell, re package, relabel, access, sub-license, post anything on the website for any purpose, or exploit our intellectual property, copyright or that of our licensees/licensor/suppliers without our or our suppliers prior written consent.
Dizzy and Creative supply embroidery kits and sewing projects with instructions (tutorials) and related products for your personal use only, meaning non-commercial and not for commercial and manufacturing purposes, including charitable and fundraising enterprise, for which express prior written consent is required.
DIZZY AND CREATIVE PRODUCTS AND SERVICES
Dizzy and Creative take pride using quality natural fabrics which may contain variation in colour and natural fibre distinctions, known as slubs, for example these are found in silk, wool, linen and cotton fabrics and are not faults. We make every effort to ensure are that our products are portrayed accurately and all our measurements are approximate and we cannot be held responsible for variations in colour dependent on the calibration and setting of your computer screen.
Our kits and products are for solely personal use of the purchaser/customer only and are not to be reproduced or adapted however minute, including change of colour and stitches, in any media for sharing or commercial gain, this is a breach of our Intellectual Property (IP), copyright including published work, images, designs and terms and conditions. These terms include our service to Authorised Dizzy and Creative Workshops and Tutors agreed and approved by Dizzy and Creative in writing.
The Purchaser/customer including Workshop Tutors, shall refrain from repackaging goods delivered or from altering them in any other way in any form whatsoever with a view to reselling them. In the event the Purchaser/ customer /Workshop Tutors fails to fulfill this obligation, the Seller (Dizzy and Creative) shall reserve the right to suspend contractual relations with the Purchaser/customer/Workshop Tutors, without prejudice to [its right to] bring claims for damages against the Seller.(Dizzy and Creative)
RIGHT OF REFUSAL
Dizzy and Creative reserves the right to refuse service, modify or discontinue temporarily or permanently your access to the website with or without notice, for any reason.
VIRUS PROTECTION AND COMPATIBILITY
We do not give any warranties as to the compatibility or content of our website with your computer systems, software and/or hardware. While certain precautions have been taken to protect from viruses and detect computer viruses, we cannot guarantee that our website is virus free and secure.We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.
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 our 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.
These Conditions and your use of the Website are governed by English law. This means that a contract for the purchase of products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England will have exclusive jurisdiction. This does not affect any applicable statutory rights.
The Website and these Conditions are intended for use within the United Kingdom and although we are delighted to be of service to customers from outside of the United Kingdom we can give no warranty, either express or implied, that the use of the Website or the placing of any order through the Website from outside of the UK, complies with any applicable non UK laws or regulations.
Dizzy & Creative may transfer or assign all or any rights or obligations under the Conditions to any third party. You may not transfer nor assign all or any rights or obligations under the Conditions to any third party without our express written permission.
No person who is not a party to the Conditions shall have any rights to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in the Conditions is intended nor shall affect any statutory legal rights that may not be legally excluded.
The limitations of liability in the Conditions shall apply equally for the benefit of any associated company of Dizzy and Creative as if references to Dizzy and Creative and the Website included references to each associated company.
In the unlikely event of any part or provision of the Conditions becomes void or unenforceable it does not mean the whole contract is unenforceable, all other parts or clauses within the Conditions remain as severable and surviving.
YOUR EXPECTATIONS AND RIGHTS
Should any of the Conditions be broken by you or if any liabilities are incurred as a result of your use of the Website you are liable for any and all costs arising that we or our officers, directors, employees, agents and suppliers incur as a result of any breach including reasonable legal fees if applicable.Should any other person use your account and/or personal information with us you remain liable unless you are able to prove that such use was fraudulent.
We will not be be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the products ordered by you, if the delay or failure was due to any cause beyond our reasonable control (a ‘force majeure’ event).This does not affect your statutory rights.
While we endeavour to ensure that the information on our website is correct, we do not warrant the accuracy and completeness of the material published by us. We may make changes to the material on our website, or to the products and prices described in it, at any time without notice. The material on our website may be out of date, and we make no commitment to update such material.
The material on our site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, and subject to any consumer or statutory rights applicable pursuant to our terms and conditions, we exclude all representations, warranties, conditions and other terms and liability including, without limitation, which, but for this legal notice, might have effect in relation to our site.
We may provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers indirectly through our website, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
Our liability under these terms and conditions is strictly limited to the purchase price of the goods purchased by you. We shall not be responsible for indirect, special or consequential losses. Nothing in these terms and conditions shall limit liabilities to the extent that they may not be excluded by law.
You may not transfer or assign any of your rights or obligations arising under the contract formed under these terms and conditions, without our prior written consent. We may assign the benefit of our contract with you formed under these terms and conditions and/or the rights or obligations arising under it, at any time on written notice to you.
THE AGREEMENT WHEN PLACING AN ORDER
When you place an order through the Dizzy and Creative Website, we will send you a confirmation email. This does not mean that your order has been accepted, only that you have made an offer to buy something from us. The offer requires to be accepted by us and this will occur on despatch by us of the Product(s) and so a contract (“Contract”) between us only exists once we despatch the Product(s) This confirmation is called a “Despatch Confirmation” for the purposes of these terms and conditions. The Contract will relate only to those Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate despatch Confirmation. Your credit card will be processed and charged when you place the order on the Website. This is due to short authorisation time frames from some banks and the 7-10 day lead time for personalised items. All items in stock will be despatched within 1-3 working days of order receipt.
HOW TO PURCHASE
You may purchase from our online shop www.dizzyandcreative.co.uk 24 hours a day. 7 days a week .
Prices on quoted on the Website are liable to change and do not include postage and packaging. While we are careful to make sure the correct price is shown and if an obvious price error has been made (and would have been reasonably been recognised by you as a mis-pricing), then we are not liable to sell you the Product(s) at that price and within our rights to withdraw the Product/s from sale. Please check with us and we will verify the correct price to avoid disappointment.
DELIVERY OF ORDERS AND AVAILABILITY OF GOODS
Payed orders made by midday BST are usually despatched within 24 hours. Orders placed after this time will be dispatched on the next working day.Orders are dispatched Monday to Friday (with the exception of Public Holidays) and delivered on working days. Monday - Friday ( Except Public holidays) Delivery times are estimates only and cannot be guaranteed.
All orders are subject to acceptance and product availability. If Dizzy and Creative has insufficient stock at the time of order placement and the advised delay is unacceptable Dizzy and Creative will confirm the address given in your order form and any sum which may have been debited from your credit card will be re-credited to you within 14 days of the date of your order.
Pricing of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice and you will be advise of any price variations prior to shipment and will have the right to cancel your order.
DELIVERY DELAY NOTIFICATION
If we are unable for any reason to fulfill your order as planned we will contact you to let you know our earliest possible shipment date. Should the delay be unacceptable to you then we will immediately give you a full refund for the item/s ordered.
RISK AND TITLE
The Product(s) will be at your risk from the time of delivery. Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges. All items are subject to availability. We will tell you as soon as possible if the Product(s) you want are not available. We will inform you if or when it will be available.
We do not deliver to P.O. Box, BFPO or freight forwarding addresses. Depending on the policy of your credit company we may only able to deliver to your debit/credit card billing address.
CUSTOMS, DUTY & TAXES
Handling and custom fees may apply to packages sent outside the U.K. Any duties payable will be the sole responsibility of the customer/recipient and may need to be paid at the time of delivery. Rates vary between countries and by what items you have ordered, thus Dizzy and Creative are not able to supply an estimate. You may wish to contact for current charges before you order. Please note that should you decide to return your order for refund we will be unable to refund you postage and any costs you may have incurred for local duty/taxes. We are not liable for delays with customs.
RETURNS & EXCHANGES POLICY
Dizzy and Creative hope that you will be delighted with your purchase. However, if for any reason you are not completely satisfied we are happy to offer you a refund, exchange or replacement on all goods returned at your own cost to us within seven days of your receipt of goods provided that they are in their original packaging and labelling in a saleable condition, accompanied by proof of purchase, unused, unwashed, uncut and undamaged. You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. We will consider the condition of the goods being returned when making a refund.
Contact us at email@example.com or by calling us on 07398 761418. (Office hours 9.30 - 4.30pm)
We will provide you with a Returns Number (RN). Please provide us with full details of the customer purchase number and details of which goods are being returned.
Please let us know the reason for returning any goods and with your RN number.
Please return the goods to Dizzy & Creative Customer Services, PO BOX 226, TAVISTOCK, DEVON, PL19 1EH
NB. We will not make a refund or exchange goods until we receive the goods as agreed in the returns policy. Proof of postage alone is not sufficient. We cannot be held responsible for items that are lost or damaged in transit.
DAMAGED OR FAULTY GOODS
Dizzy and Creative can assure you all items are despatched in perfect condition and undergo a quality check before despatch. If a product has been damaged in transit, we would appreciate it if you could take a photo of the goods as you received them, to assist us in addressing the issue. We will replace the item(s) reimbursing the return delivery charges and send the replacement free of charge as soon as we have received the faulty goods back. Please return with proof of purchase.
REFUNDING THE DELIVERY CHARGE
If we have made a mistake on an item sent to you, we will refund the delivery charges you have paid to receive that item unless it was sent to you with other items which you are not returning.
We are do not refund postage if you have made an error ordering an incorrect item or if you have changed your mind.
Under the EU Distance Selling Regulations you have the right to cancel your order before dispatch or within seven working days from the receipt of the goods if you send us notice of cancellation in writing and return the goods to us in their original packaging and labeling, unopened, uncut, unstitched, unwashed, unused and saleable condition.
For more details on how to return goods please see our Returns Policy.
You may submit your cancellation notice to us by email to firstname.lastname@example.org or in writing to
Dizzy and Creative
PO Box 226
b) You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
c) Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products and our Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
By ordering a product you accept these terms and conditions. The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes.
YOUR UNDERTAKINGS AND WARRANTIES
You warrant that the information given on your order form is complete and accurate. You warrant and represent to us that you are legally capable of entering into a binding contract on behalf of the person placing the order and, if you are an individual placing the order yourself, you are at least 18 years old.
These Terms and the all the full terms and conditions set out on the Website constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
LAW AND JURISDICTION
These terms and conditions will be governed and constructed in accordance with English law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. These terms and conditions do not affect your statutory legal rights.
To contact us:
Call Dizzy & Creative 07398 761418
Or complete the form below and we will call you back as soon as possible.