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Terms and conditions of use
Please read these terms and conditions carefully, as using or purchasing from the createyourmessage.com website means you agree to them.
These terms and conditions are applicable to you upon your accessing the site and/or completing the Create Your Message purchasing details. These terms and conditions, or any other item may be terminated by Create Your Message without notice at any time for any reason.
All terms and conditions will survive any termination. These terms and conditions are governed by the laws of England and Wales, but do not affect your statutory rights.
When placing an order with Create Your Message, you are making an offer to purchase the goods contained within that order. We reserve the right to accept or decline that offer.
Create Your Message Contact Details
When you purchase any items through our website our contact details are as below:
Office: Create Your Message, 9 Kiln Croft, Etwall, Derby, DE65 6HW, United Kingdom
Email address: firstname.lastname@example.org
Telephone number: 01283 730681
VAT registration number: 895 1219 03
We try to ensure that all of the items shown on the website are accurately represented however slight variations in colour, typefaces and layout may be experienced.
This site and the materials and products in this site are provided “as is” and without warranties of any kind, whether express or implied. Create Your Message shall not be liable for any special or consequential damages that result from the use of or the inability to use the materials on this site or the performance of the products.
No advice or information, whether oral or written, obtained by you via the website will create any warranty not expressly stated in these terms and conditions; and all warranties in respect of the website, the items supplied by us and any other services that we may provide through the website from time to time are excluded to the fullest extent permitted by law. This does not prejudice your statutory rights
Price and VAT
Prices of all products are exclusive of VAT. VAT will be charged at the prevailing rate
In the event of an incorrect price listed on the Create Your Message website due to any error, we reserve the right to refuse or cancel any order placed for a product incorrectly priced. We reserve the right to refuse or cancel any such orders whether or not an order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and the order is cancelled, we shall issue a credit to your credit card account for the amount of the incorrect price.
We aim to despatch all orders within a maximum of 14 days.
All prices are exclusive of delivery charges; these will be notified during the on line ordering process
As all Create Your Message products are individually created, products may not be cancelled, returned exchanged or changed once you have given us permission to proceed.
Personalisation – Spell checking
As all Create Your Message products are individually created, you agree to check the spellings in any message and that you understand that there is no spell check undertaken by us. You accept that any incorrect spelling is your responsibility and that any failing will not provide justifiable cause for goods to be returned or a refund sought.
Return of defective goods
We endeavour to despatch the goods to you in perfect condition. However occasionally goods can be damaged in transit and we are keen to rectify any problem as quickly as possible.
In the event that the product(s) is defective, or there is an error in the personalisation which is ours, you may return it to us at your own expense within 7 days of receiving such product(s). Please return product(s) to the postal address set out above.
We will then reprint and resend the product(s) free of charge. You should expect replacement goods to be back with you within 14 days of receipt. If we decide to refund monies then you should expect to receive a refund within 7 days
All complaints will be acknowledged within 5 working days. We will endeavour to resolve any complaints within 14 days and keep you informed during the resolution process. Please note that your right to return items to us in accordance with these terms and conditions is in addition to any other statutory rights you may have.
Refunds cannot be provided for customised products once you have given us permission to proceed.
The only situation where a refund will be payable is if we are unable or unwilling to subsequently print the item that has been purchased and paid for. Should this apply we will refund all monies and you should expect to receive a refund within 7 days.
Privacy and Security Policy
We are committed to protecting your privacy. We will only use the information that we collect about you in accordance with the Data Protection Act 1998.
Create Your Message will not sell or pass your name, address or e mail address to any third party unless legally obliged to by UK Government authorities. We will use this information to send you an e-mail newsletter every month to keep you informed of new products and seasonal offers. In addition you may choose to receive e mail reminders.
In order to improve the service offered to you technology may be used to track the patterns of behaviour of visitors to the site and to help personalise the content displayed to each user. This can include using a "cookie" which would be stored on your browser.
Credit card transactions - Your card details are transferred directly to our Payment Service Provider for immediate authorisation and are not recorded or stored in our database. Once we have received authorisation from the Payment Service Provider we confirm your order.
Create Your Message may contain links to other websites which are provided to enhance your shopping experience, but these sites are not under our control. We will not be held responsible for any loss or damage caused by using these sites, which extends to the information, products or services displayed on those sites.
Use of the Website
You agree not to use the website directly or indirectly for any unlawful purpose or so as to cause distress or offence to any person. We reserve the right not to process your order if we decide that you are using the website for such purposes and ban you from placing orders with us in the future.
You agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner.
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the website is protected by our or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws
You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
"Create Your Message" is our trademark. You agree not to display or use it in any manner without our prior written consent.
Amendment of sites and services
We reserve the right to amend the website and the items and services that we offer to you via the website without notice to you from time to time.
User Conduct – Uploading “own” Content
In using this site, you agree to not submit or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libellous, tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasion of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
You agree not to submit or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By submitting any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable laws.
You agree not to submit or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, gather information, spy or limit the functionality of any computer software or hardware or telecommunications equipment;
You acknowledge that Create Your Message does not pre-screen submitted Content, but that Create Your Message and its designers shall have the right in their sole discretion to reject or remove any Content that is stored on or otherwise available via the Site. Upon placing your order, you acknowledge that Create Your Message may review your order, and the content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Create Your Message its subsidiaries, partners nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Create Your Message production of any product depicting your Content does not indicate that Create Your Message approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You understand Create Your Message takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Create Your Message and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Create Your Message and its affiliates from all claims and expenses, including reasonable legal fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You represent and warrant that you are the owner of the Content which you submit and that the Content does not infringe upon the property rights, intellectual property rights (copyrights or trademarks) or the rights of others. You hereby represent and warrant to us that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms.
Indemnify and hold Harmless
You agree to defend, indemnify and hold Create Your Message and Create Your Message officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on
(a) Content you submit, post to or transmit through the Site,
(b) your use of the Site,
(c) your connection to the Site,
(d) your violation of the Agreement or
(e) your violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Create Your Message express written consent.
These terms and conditions constitute the entire agreement in respect of the use of the website and the items and services offered via the website. We may vary these terms and conditions from time to time without notice and you should therefore check them each time you intend to use the website.
If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts