TERMS AND CONDITIONS OF USE OF OUR WEBSITE
Welcome to our Site. These terms and conditions set out the basis upon which you can visit our Site and they regulate how we provide our services.
By using our Site, and when you use our services, you agree that you have read and understood and agree to comply with these terms and conditions and our privacy notice.
If you disagree with any part of these terms and conditions, you may not use our Site or request services from us.
Our contact details are as follows:
- By post: Broadway, Ketley, Telford, Shropshire, TF1 5AT
- By email: firstname.lastname@example.org
- By telephone: 07989 221185
AGREEMENT – When you visit the Site or when you order from us, these Terms apply.
They have 3 parts:
- General Terms
- Buying Terms
- Privacy Notice
DEFINITIONS – The following words have the following meanings:
We are Miss Shan Marshall
Site is personaliseyourplanner.co.uk
You are a visitor to the Site
Account means collectively the personal/identifying information and credentials used by Users to access the services on the Site
Content means any text, graphics, images, audio, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site
User means any person, firm or company using the Site for any purpose
YOUR PROMISES TO US
You warrant and agree that:
- You have the right to make this Agreement with us and that you are over the age of 18 years.
- You will have only one Account with us.
- Your username will not be offensive, suggest that you are someone else or that you represent a trade or brand name and that we have the right to insist that you change a username if we think it breaks this term.
- If you make a purchase through the Site you have read and accept all the terms imposed by a merchant in relation to that purchase.
- If you follow any links we have on the Site, you will read the terms and conditions on the sites we link you to.
- You won’t use robots, spiders, scrapers or similar things on the Site.
- You won’t try to get around any things we put on the Site to stop or limit access to parts of it.
- You won’t do anything that might cause our systems to crash.
- You won’t steal the Site or any part of it or use it or any part of it in any other site or application.
- You won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the services it offers.
- You won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
We and our business partners own all of the intellectual property on the Site. Neither the Site not the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written permission.
All trademarks and logos on the Site are our property and are protected, where we feel it necessary, by our trademark, copyright and such other protection that we feel are needed.
USE OF COMMUNICATIONS FACILITIES
When using any forums or chat rooms on the Site and/or any other similar system on the Site and when using Facebook, WordPress or any other external communication system to contact us you must do so in accordance with the following rules:
- you must not use language that may be offensive to other users;
- you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- you must not submit any Content that is intended to promote or incite violence;
- Content must be posted and communications with us must be made using the right language;
- you must not post links to other sites containing any of the above types of Content;
- the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
- you give us unrestricted licence for all purposes and for the whole of the world to use the material you publish on the Site without charge and/or acknowledgement of you as the author;
- you must not impersonate other people, particularly our employees and representatives and those of our affiliates;
- you must not use our system for unauthorised mass communication such as “spam” or “junk mail”;
- you acknowledge that we reserve the right to monitor any and all communications made to us or using our system;
- you acknowledge that we may retain copies of any and all communications made to us or using our system; and
- you acknowledge that any information you send to us through our system or post on any forums or chat rooms may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
The information we provide on the Site comes from a variety of sources. Where it is feasible, we have verified, as far as we can, the information we provide. As certain information is novel and comes from sources we cannot test, it is not always possible to verify it.
Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, any advice we offer on the Site is only general in nature and may not apply to you. Whilst we try to offer accurate advice, you must not rely on such advice when you make any decisions.
We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations but we are unable to guarantee that it will.
We are not able to guarantee that the Site will work with your device or will be secure.
If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
If you link to another site through the Site, you undertake to make sure that the other site is safe. We have no control over the sites we link to.
We do our very best to make sure that you do not experience any problems but if you do, you must tell us straight away.
We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem.
AVAILABILITY OF THE SITE
We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
We have the right to change the Site and the services it offers, suspend it or stop it at any time.
LIMITATION OF LIABILITY
As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.
We do not accept any liability if you are using the products and services we supply for commercial purposes.
Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
LINKS TO OTHER WEBSITES
We do not control any of the websites with which we may link and are not responsible for their content. We have no liability if you lose anything when using such a site.
We are not responsible for evaluating other sites with which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all sites we link to.
A link to another site does not mean that we endorse or recommend that site.
We can never guarantee that a link that we offer will work.
MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE
These Terms and Conditions will change from time to time and we can never guarantee that we are able to let all our visitors know about those changes.
Each time you visit the Site, we ask, and you agree, to look at this page to see if we have changed any terms.
We may change the Site as often as we choose and these Terms and Conditions will still apply to any changes we make.
Operative Law – This Agreement supersedes any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
Time of the Essence – Time will not be of the essence in any part of this Agreement.
Warranties – All parties acknowledge and agree that they have not entered into this Agreement in reliance on anything said or promised by the other which is not in these Terms and Conditions.
Force Majeure – If something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
Unenforceability – If a court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
Entire Agreement – These Terms and Conditions contain the entire understanding between us.
These terms apply if you want to buy anything using the Site.
If you want to order anything from us, you must create an Account.
When you create an Account you promise that:
- All information you give us is accurate and truthful.
- You will keep this information accurate and up-to-date.
- You will not share your Account with anyone else.
- You will keep your Account details confidential.
- You will not give your username or password to anyone else.
- You must log off when you exit the Account.
We may close your Account if you break these Terms or if there has been no activity on the Account for 12 months and you don’t reactivate the Account after we have requested that you do so.
If we send a payment to your bank account and it is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep the monies in that account and you will be entitled to nothing.
If you do anything which we think might be fraud, we have the right to report those actions to the Police and the money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
You may only have one Account with us.
To receive cashbacks and other money back offers and to be part of our referral program you must be a UK resident with a UK bank account.
You must validate your email address with us and if you change your address at any other time you must tell us.
If you have not authenticated your current email address with us; and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk the, and in any such event, we can close your Account without refunding any balance due to you.
If we earn any commission on any transaction in which we are involved or any interest on the money deposited in your Account we may keep that commission and/or interest.
You can cancel your Account with us at any time; all you need to do is to email to us at email@example.com.
- BANK CARD NUMBERS
We will not retain any information relating to your bank or credit cards except the information that you give us so that we can credit your bank account.
- VOUCHER CODES/DISCOUNT CODES/COUPON CODES
We may offer voucher, discount and coupon codes from time to time; they will be effective only on the terms on which they are offered.
- THE CONTRACT BETWEEN YOU AND US
A binding contract, on these terms, will come into existence when we accept an order from you.
Until we tell you, by email or otherwise, that we have accepted your order, we can reject it and will return any money you have sent us using the method by which you paid us.
If, for any reason, we can’t supply any product you have ordered from us, even after we have accepted your order, as long as we refund all money you have paid us, we will have no further liability to you.
You will own the Product as soon as we have passed it to our carrier and, unless we have agreed to insure them in transit, they will be sent at your risk.
If we agree to supply a Product to an address outside the United Kingdom, you agree to pay all taxes and duties which may be imposed upon it.
We always try to describe all of our products accurately but we can never guarantee that small changes will not occur in manufacture.
The images we use may not look the same on our screens as they will on yours.
All measurements/sizes we publish are subject to minor variations in manufacture.
- DESIGN AND DELIVERY OF PROOFS
If you engage us to design anything, we will provide up to three versions of the design, in an endeavour to meet your requirements. If having produced the third version of the design, if you remain unhappy with our work, the agreement between us will be cancelled and we will repay you any payments you have made to us, using the same method with which you paid us.
If we ask to sign off a proof version of the design, that will act as confirmation that you have examined the proof, and that all spelling, numbers, colours and other elements are satisfied that it is correct and complete. Your signature will act as confirmation, and the fee we charge will become payable, if you have not already paid it.
Any Product you buy from us will be despatched to you in the manner you have selected on the Site but, although we will do our best, we cannot guarantee that any delivery time quoted will be met.
If you are buying any Product from us as a consumer then the following provisions apply.
If you don’t want the Product, our Cancellation Policy will apply and you must tell us within 14 days of receiving it and cancel this contract using our Cancellation Form which you can download here. .
If you receive a Product which:
- is of unsatisfactory quality; or
- is not fit for its purpose; or
- does not match the description of the Product that you ordered from us; or
- has faults when it is delivered to you; or has been damages in transit,
you must tell us within 30 days of delivery to arrange for its return. We will pay the most reasonable return shipment costs.
You will have the option to replace the Product (if available) or to request a refund which we will make through the payment method you used when buying the Product.
Refunds and/or replacements will be issued only upon our receipt of the returned Product in unused original condition in the original packaging and with all original labels and tags attached.
You agree, for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, that we may confirm the terms of the agreement between you and us and the Product we are selling by email.
We may reduce the amount we refund to you in the following circumstances:
- you have used and enjoyed the Product;
- you do not tell us in a timely manner;
- if the individual packaging has been opened;
- if we gave you a discount when you made your order because the Product was old or damaged.
If you are not buying as a consumer we will not accept returns unless we have agreed with any complaint or observation you have made to us within three days of receipt of this Product.
OUR CANCELLATION POLICY
INFORMATION ABOUT THE EXERCISE OF THE RIGHT TO CANCEL THIS CONTRACT
RIGHT TO CANCEL
You may have the right to cancel this contract within 14 days without giving any reason.
The 14-day period will start:
- If the item we are selling is a physical one – when you receive it.
- If we are supplying multiple Products – then the day upon which you received the last item.
- If this is a regular supply – when you receive the first consignment.
To exercise the right you must tell us by post or email and you should use the form available here – but this is not compulsory. The address you should use is:
22 Broadway, Ketley, Telford, Shropshire, TF1 5AT
To meet the cancellation deadline you must send the form or tell us before the end of the 14-day period. You should keep a proof of posting if you send us a letter and a proof of posting when sending a Product back to us.
EFFECT OF CANCELLATION
If you cancel this contract, we will repay you all payments you have made to us, including delivery costs (unless you have asked for non-standard delivery).
We can deduct from the amount we send back to you any reduction in value of the Product which results from unnecessary handling by you.
We will repay you:
- Within 14 days from receiving the Product back from you.
- Within 14 days of receiving proof that you sent the Product back to us.
- If we did not supply the Product, than within 14 days for you telling us that you want to cancel.
We will pay you back using the same method you paid us.
If you have removed labels and tags from the Product, if you have damaged them or if you return them in an unsaleable condition, your rights to cancel your purchase may be affected.