Terms and Conditions - CreationExpress.co.uk

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1. Introduction

These terms and conditions (the "Terms") set out your rights and obligations, and those of UK Creative Media Limited ("we" or "us"), in relation to this website, www.crex.gateway3d.com (the "Website"), any products, services and material of any kind available through the Site, or us (the "Services"). When we refer to "Creation Express" in these Terms, we mean us, the Site, and/or the Services, according to the context.

Visitors to Creation Express who use the Site, and/or our Services, affirm that they are bound by these Terms each time they access Creation Express. If you do not agree to these Terms, you must not use this Website.

You should be aware that these Terms may change from time to time in accordance with section 12 below.

You will be able to access most areas of the Website without registering your details with us. Certain areas, including the “Franchise Area” is only available to our Franchise Partners. You will be required to “login” if you wish to access the “My Account” area, using the email address you provided at the time of purchase.

2. The Contract between You and Us

Whenever you purchase a product through this Website, you will be entering into a legally binding contract with us. The process for creating this contract is as follows:

  • The User places the order on the Site by pressing an order confirmation button ("Checkout") at the end of the checkout process.
  • At this point, we take payment for your order by means of your nominated payment method. You can pay for your products using credit card, debit card or any other payment method which we make available to you at the time of your order.
  • We will send you an email detailing your order, and other information we must provide to you, acknowledging that we have received your order. Your order constitutes an offer to us to purchase a Product and does not mean that your order has been accepted.
  • All orders are subject to acceptance by us. We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (“Despatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Despatch Confirmation. Please note that we reserve the right to stop your order – even after sending the Despatch Confirmation - if we have reasonable grounds to believe that your order is fraudulent. If this is the case, then we will notify you by email.
  • The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation (which we are legally obliged to supply to you following acceptance of your order). We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

From time to time, we may reject an order for the following reasons:

  • If, unfortunately, we do not have your chosen product in stock.
  • Where we cannot obtain authorisation for your payment.
  • If there has been a relevant pricing or product description error.
  • If you have requested “Collect in Store” at the Checkout and our Franchises Partner cannot fulfil the order.
  • If your order otherwise breaches any of the requirements of these Terms.
  • The use of images for a personalised product which are corrupted, unsupported technically or inadequately pixelated.
  • If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 4).
  • We suspect that the order has been placed fraudulently.
  • It appears that the order mistakenly duplicates another order.

If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.

There are limited circumstances in which you may cancel an order after it has been made (section 7).

Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.

3. Personalised Products

Creation Express aims to provide you with a fast, high-quality service. We strongly recommend that you double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is up to you to ensure that content you have contributed for inclusion in a personalised product is correct, and (for example) is correctly spelt. As a courtesy, we may allow you to make changes to your order if it has not already been produced.

To do this, please contact our Customer Service Team by phoning 0161 762 9309 between 9am and 5pm Monday to Friday, except Bank Holidays in England.

If you are uploading a photo, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. We print images at 300DPI (Dots Per Inch), so if you are scanning the image we recommend you use this setting.

Creation Express and our Franchise Partners cannot be held responsible if the photo you choose to upload has a lower resolution than required to achieve the highest quality finish. If we believe the image quality to be unsuitable for printing, we will try to contact you as soon as possible, by any means of communication you have provided. We will allow a new image to be provided and will produce a PDF proof of the revised product. If you fail to respond to our attempts to communicate with you and we are going to miss the delivery deadline, we will print the product using the content and material supplied.

By uploading, posting, contributing or including any content or material in a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to Creation Express or the requirements of the product you have ordered (such as by cropping images).

4. Content Rules

We reserve the right to stop the order if we believe the content or material you have provided contravenes any of our content rules. Our Content Rules are as follows:

  • Infringes anyone's copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product.
  • Infringes any other rights, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality.
  • Contravenes any applicable law (including, without limitation, any criminal law) or regulation.
  • Is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person.
  • Misrepresents identity or impersonates any person.
  • Includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person.
  • Contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group.
  • May harass, upset, embarrass or alarm any person.
  • Gives the impression that it emanates from or has been approved by us.
  • Advocates, promotes or assists any unlawful act.

5. Production, Supply and Pricing of Products

5.1. Supply of Products

Our personalised products are sold by us through our Website and manufactured and shipped from our registered office, unless you select “Collect from Store”. If so, your order will be manufactured at the chosen store.

5.2. Ordering Multiple Products

When ordering multiple products as part of the same order, Creation Express will endeavour to produce and despatch all products as part of the same delivery, or make available for collection at the same time. We will inform you as soon as possible if this cannot be achieved.

5.3. Prices and VAT

All prices of products shown on the Website include Value Added Tax at the prevailing rate.

5.4. Postage and Packaging Charges

For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage before you place your order. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.

5.5. VAT Receipts

In most cases your order confirmation email contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines. However, should you require a Full VAT invoice you can request this via our contact form. Please allow up to 10 working days for the full VAT invoice to be sent.

6. Delivery

During the order process, Creation Express will notify you of the expected timeframe for receiving your order; however, we do not guarantee delivery dates or times. Our designated delivery company is responsible for the safe delivery of your product. Expected delivery times and charges may differ depending on which products you order.

It is your responsibility to ensure that the delivery address you provide for any order you place is correct.

Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.

7. Changing or Cancelling an Order

Information on your order status can be found under the “My Account” link on the website, you will be required to “login” to access this area.

If you wish to change or cancel your order please phone 0161 762 9309. Have your Order Number and Email Address available so we can answer your query as soon as possible.

If your order has already been printed, or despatched it cannot be amended or cancelled.

Emails and Contact Form submissions, are only answered between 9am and 5pm – and in the order they are received. It is therefore possible that your order could begin production before your email is processed and we will be unable to make any changes requested in the email.

8. Returns and Refunds

At Creation Express, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible.

If for any reason you are not happy with your Creation Express order, please contact our Customer Service Team, by phone, email, or our contact form within 14 days of receiving your order. You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days.

If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to reproduce (if applicable) and resend the item free of charge. It is not our policy to offer both a refund and a resend.

Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size.

IMPORTANT: Consumer Contract Regulations DO NOT apply to personalised products (see Exemptions).

9. Security

9.1. Your Account and Password

We know that you may use the same password for other Internet accounts, and that it is highly sensitive. We do not have access to your password. If you forget your password, you can request to reset it. By requesting to reset your password an email will be sent to the email address registered with your Account containing a link to reset your password. You will then be able to access your Account and create a new password.

You are solely responsible for maintaining the confidentiality of your password and any other identifying information.

Note that we are entitled to treat anything done while your Account is logged into the Website, or by means of an email address, phone number or other communications method associated with that Account, as having been done by you; it is up to you to maintain the security of your Creation Express Account.

If you contact us by phone regarding an order, we may request your Email Address, but never your password. This is just so we can correctly identify your Account.

9.2. Credit Card and Debit Card Transactions

Your full card details are not recorded or stored in our database. They are encrypted and are transferred securely to one or more third party payment service providers for immediate authorisation.

10. Use of the Website

10.1. Abuse of Service

You agree not to use Creation Express directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (see section 4).

10.2. Intellectual Property, Copyright and Trademarks

The copyright for all website design, text, graphics, the selection and arrangement thereof and all software compilations, underlying source code, software (including applets) and all other material on this website are the property of UK Creative Media Limited and its affiliates or their content and technology providers. Any use of materials on this website, including reproduction, modification, or re-publication, without the prior written permission of UK Creative Media Limited is strictly prohibited.

Creation Express, CreationExpress.co.uk and UK Creative Media Limited are either trademarks or registered trademarks of UK Creative Media Limited. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.

10.3. Website Content and Service Access

We will always try to ensure that the Website is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

We reserve the right at any time and without notice (a) to suspend or terminate your ability to access the Website, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Creation Express if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.

In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

10.4. Liability

We use reasonable care and skill to provide Creation Express in accordance with our specifications but:

  • The Services are provided "as is".
  • We cannot and do not guarantee that Creation Express or the Services will meet your requirements.

We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.

Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.

We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

  • For any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption.
  • Any loss or corruption of data.
  • Any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising.

Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.

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 by you, your use of the Website, or anything done while your Account is logged into the Website.

The provisions of this section shall survive the termination or expiry of these Terms.

10.5. Contact from Third Parties

If anyone contacts us in relation to you or your Account, or a transaction associated with you or your Account, then you agree:

  • To provide all reasonable information and assistance we may require in connection with responding to that contact.
  • To respond promptly and accurately to it, should we pass the message to you for a response.

11. Offers and Promotions

The offers and promotions which we make available on our Website are governed by terms and conditions which will be accessible to you during the promotional period.

12. General

These Terms are intended to contain your entire agreement with us relating to the Services, the Website.

If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.

Only you and Creation Express shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We reserve the right to change these Terms from time to time, and post the new version on Creation Express. The new version of these Terms will take effect:

  • Commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you.
  • Immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, Creation Express, and (ii) the refinement of provisions that are already included or referred to in these Terms.

In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Creation Express. For the avoidance of doubt, we will not have any liability to you in that event.

These Terms, the Services and each order and purchase of a product shall be governed by English law.

You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.

We don't separately file the Terms entered into by Users when they register for Creation Express. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.

Company Name: UK Creative Media Limited
Registered Office: Unit C3 Waterfold Business Park, Bury, Lancashire, BL9 7BR
Email Address: mycupoftea@crex.gateway3d.com
Phone Number: 0161 762 9309
Company Registration Number: 889 6182
VAT Number: 203 7067 38

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© 2018 Creation Express.