As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain nothing that you are not happy with. If you are not sure about anything, you can phone us on 07506 695428.
These Terms and Conditions will apply to the purchase of the goods via subscription service by you. We are Apricity Creative, a sole-trader registered in England and Wales with email address firstname.lastname@example.org; telephone number 07506 695428.
These are the terms on which we sell all Goods to you. By signing up for our subscription goods service, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Goods;
Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
Website means our website http://apricitycreative.co.uk/ on which the service for Goods are advertised.
The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only, and there may be small discrepancies in the size and colour of the Goods supplied.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
When completing an order, you have option to sign up for an account with a password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post, and you expressly agree to this.
Basis of Sale
The description of the Goods and subscription service on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract using an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Price and Payment
The price of the subscription service and Goods is that set out on the Website at the date of the Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by credit/debit card using Stripe (https://stripe.com/gb) or using PayPal (https://www.paypal.com/uk/home). We do not take any responsibility of your interactions with your bank, Stripe and PayPal services.
We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day after which payment is taken.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the subscription service contract by telling us no later than 14 calendar days from the day the Contract was entered into. You may also return Goods received for a refund if we are notified no more than 30 days following receipt of goods. Refunds will be for the goods in question and not for the entire subscription period unless it is within 14 days of you entering into the Contract for subscription services.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
Right to cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason and may return individual items accrued as part of the subscription service for partial refund or exchange when notice is given within 30 days of receipt. These are not mutually exclusive terms and act as separate rights governing firstly the subscription contract, and then the receipt of goods.
The cancellation period will expire after 14 from the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
Return delivery costs are to be covered by you, and all refunds will be given within 14 days of receiving your intent to cancel the subscription contract or within 14 days of receiving returned goods and will include all costs, including delivery costs.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation about your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy and cookies policy.
For these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights about your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: email@example.com.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: “If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
We aim to follow these codes of conduct, copies of which you can obtain as follows:
The Consumer Contracts Regulations available from http://www.legislation.gov.uk/uksi/2013/3134/contents/made
GDPR available from https://www.gov.uk/government/publications/guide-to-the-general-data-protection-regulation