Create and Craft Club Terms and Conditions

These terms are applicable to your membership of the Create and Craft Club and your purchase of products through the Create and Craft website.

• Your membership is with ISD Create and Craft Club, which is a trading name of Ideal Shopping Direct Plc
• Your membership entitles you to access to the Create and Craft Club interactive magazine of which you get six bi-monthly issues per year, on-line or via CD ROM (depending on which subscription type you have purchased), 10% discount on all orders placed online through the create and craft website www.createandcraft.tv and also includes VIP hospitality at selected craft events attended by Ideal Shopping Direct Plc
• Membership is only available to customers over the age of 18
• You have the right to cancel your annual subscription at any time within 28 days of  purchase; if you wish to cancel within 7 days you will receive a full refund and from 7-28 days you will receive a 50% refund
• As part of the club membership service, you are entitled to a £10 credit on your account and you can take advantage of the discounted CDs and free gifts*. Please note, that if you spend your £10 credit, you will not receive any refund for club membership
• Please note that you have a minimum qualifying spend of £10 before your £10 credit appears on your account
• Please note that you can not buy club membership with your £10 credit
• Please note that you can not buy any more than one club membership at anyone time apart from if you are 28 days from the end of your current membership
• If you decide to cancel your membership within the 28 days, we will remove the £10 credit from your account
• Please note, if you want to cancel your membership after 28 days, refunds cannot be given. This does not affect your statutory right to cancel your membership within 7 working days of purchase. To exercise this right, you must notify us in writing at the address set out below, and you will receive a full refund of your membership subscription
• Refunds can only be made to the credit/debit card originally used for purchase
• Notice must be given in writing to: Create and Craft Club, Ideal Shopping Direct Plc, Ideal Home House, Newark Road, Peterborough PE1 5WG
• We will notify you of your date of renewal 21 days before it is due
• If you do not notify us that you do not wish to renew your membership as set out above, we will renew your membership automatically on each anniversary and will deduct the current annual subscription fee from the credit card registered to your account. You can cancel your renewal 28 days after renewal as above and receive a refund of 50% of the annual subscription paid
• Upon expiration, cancellation or termination of your membership, access rights to the members area of the site and the contents therein is terminated
• The information that you provide about yourself to ISD Create and Craft Club will only be used in accordance with ISD Create and Craft Club's Privacy Policy statement set out below
• Membership Helpline: 08431 681 000 (open 8am to 8pm)

* Free gifts are limited to one gift per order. Please note that, while the free gift product is of zero cost to club members (£0), the standard postage and packaging charges still apply.

 

Please read through these terms carefully. By accessing the Create and Craft Club on-line magazine and website at or via www.createandcraft.tv or http://www.createandcraftclub.tv ('the Site') or on CD or by otherwise accessing any content found in this magazine or on these web sites, you are deemed to have accepted and to be bound by these terms .
This Site is owned and operated by Ideal Shopping Direct Plc, a company registered in England and Wales, whose registered office is at Ideal Home House, Newark Road, Peterborough, PE1 5WG.

Our company number is 1543758

Our VAT registration number is GB 738 1640 28

We are a member of the Direct Marketing Association.

Our contact details are:

General email: customer.services@idealshoppingdirect.co.uk
Membership helpline: 08431 681 000
Fax number: 08431 681 681

These terms were last updated on 14th May, 2009.

1. Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you, provided on CD ROM or otherwise supplied to you in conjunction with the Create and Craft Club (such contents, design and materials being collectively referred to as the 'Create and Craft Club Content'), are the intellectual property of Ideal Shopping Direct Plc and its licensors. You may not use or reproduce or allow anyone to use or reproduce any of the content  appearing on the Site for any reason other than as set out in these terms without written permission from Ideal Shopping Direct Plc. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

2. Use of Create and Craft Club Content
You may retrieve and display the Create and Craft Club Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Create and Craft Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Ideal Shopping Direct Plc:
i.      Reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Create and Craft Club Content, or
ii.     Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Create and Craft Club Content (including use as part of any library, archive or similar service) without the prior written consent of ISD Create and Craft Club,
iii.    Remove the copyright or trade mark notice from any copies of the Create and Craft Club Content made under these terms. Any use of the Create and Craft Club Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Create and Craft Club, Ideal Home House, Newark Road, Peterborough, United Kingdom PE1 5WG, and may be subject to a fee.

3. Licence Fee, Payment and Transactions
Access to Create and Craft Club Content is included in your club membership annual subscription. You are responsible for the payment of all other charges associated with your use of the site. If your use of the site is terminated by ISD Create and Craft Club, you will not be entitled to receive a refund. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.

4. Changes to the Site
ISD Create and Craft Club reserves the right, at its discretion, to suspend, change, modify, add or remove portions of the Create and Craft Club Content available on the site at any time and to restrict the use and accessibility of the site.

5. Registration, Passwords and Responsibilities
Certain areas of the www.createandcraft.tv website are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Create and Craft Club Content and the site using your user name, sign-on password, and/or I.D. You agree to immediately notify ISD Create and Craft Club if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of the Create and Craft Club Content or the site. You will provide ISD Create and Craft Club with accurate, complete registration information (including in particular your e-mail address) and inform ISD Create and Craft Club of any changes to such information. For the purpose of confirming your compliance with the terms of these terms, ISD Create and Craft Club reserves the right to monitor and record activity on the site, including access to the Create and Craft Club Content. Each registration is for a single user only. You may not share your user name and password with any other person. ISD Create and Craft Club do not permit access through a single name and password being made available to multiple users on a network. ISD Create and Craft Club may cancel or suspend your access to the site if you do this, without further obligation to you.

6. Community Forums

The site may include bulletin boards, discussion groups and other public areas that allow feedback to ISD Create and Craft Club and interaction between users and ISD Create and Craft Club representatives ('Forums'). While ISD Create and Craft Club does not control the information/materials posted to Forums by users (the Messages'), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums. You are solely responsible for the content of your Messages. You must comply with any rules posted by ISD Create and Craft Club on a Forum.

You may not:

• Post, link to or otherwise publish any messages containing any form of advertising or promotion for goods and services or any chain messages or 'spam'
• Post, link to or otherwise publish any messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security:
• Post, link to or otherwise publish any messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content
• Post or otherwise publish any messages that contain a virus or other harmful component
• Disguise the origin of any messages
• Impersonate any person or entity (including ISD Create and Craft Club employees or forum guests or hosts) or misrepresent any affiliation with any person or entity
• Post or otherwise publish any messages unrelated to the forum or the forum's topics
• Post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the site or any computer software or equipment
• Collect or store other users' personal data
• Restrict or inhibit any other user from using the forums. By submitting messages to any forum you agree to indemnify and hold harmless ISD Create and Craft Club from all claims, costs and expenses (including legal expenses) arising out of any messages posted or published by you that are in breach of this section 8.
• The forums contain messages submitted by users over whom ISD Create and Craft Club has no control. ISD Create and Craft Club cannot guarantee the accuracy, integrity or quality of any messages. Some users may breach these terms and post messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the forum and should not rely on messages in making (or refraining from making) any specific investment or other decisions.
• By submitting a message to a forum you are granting ISD Create and Craft Club perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. ISD Create and Craft Club reserves the right to contact you by e-mail with regard to your use of the forums. You waive any moral rights that you may have in regard to the messages you submit.
• It is not possible for ISD Create and Craft Club to fully and effectively monitor messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify ISD Create and Craft Club immediately by emailing members@createandcraftclub.tv or by telephoning 08431 680 000 between 9.00am and 5.00pm Monday to Friday (except Bank Holidays).

7. Purchase terms

The purchase of any products through the site will be subject to the terms set out below. You may use the site to purchase products or services from ISD Create and Craft Club's third party partners. In that event, your contract for such products will be with the third party partner and not with ISD Create and Craft Club.

7.1 Ordering from us

(a) You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement via email, detailing the products you have ordered.

(b) Your order is an offer to us to purchase the product specified in the order. Our acceptance of an order takes place when we dispatch the product. To view the order status, please go to the Customer Account section of our site.  Here you will be able to view whether or not your product has been dispatched. When we dispatch the product the purchase contract will be made even if your payment has not been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

(c)We may refuse to accept an order:

(i) where products are not available;

(ii) where we cannot obtain authorisation for your payment;

(iii) if there has been a pricing or product description error; or

(iv) if you do not meet any eligibility criteria set out in our terms and conditions.

7.2 Pricing

(a) All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

(b) Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure found within our Frequently Asked Questions.

(c) Our prices are reviewed periodically.

7.3 Cancellation and returns policy

(a) If you wish to cancel your order:

(i) you can notify us by telephone on 08700 700 802 before we have dispatched the goods to you; or

(ii)where goods have already been dispatched to you, you have a statutory right to cancel the contract within 7 working days of receipt and return the products in accordance with clause 7.3 (c) below.

(b) In addition we offer a 30 day money back guarantee, which allows you to return any product for any reason within 30 days of receipt for refund or exchange, so long as it is unused, undamaged and in its original packaging. This does not affect your statutory rights. Please follow our simple Returns Procedure detailed in (c) below. Some products are not covered by the general cancellation policy or money back guarantee. See clause (e) below.

(c) Terms of 30 day money back guarantee If you wish to exchange the product for a different variant (size, colour, etc) please return the product in its original packaging within 30 days of receipt, and enclose the supplied Returns Slip found on the back of our dispatch notes shipped with our products, indicating the required size/colour/etc in the box marked ‘Additional Comments’.  The replacement will be sent free of charge.

If the product is damaged or faulty and you require a replacement, please return the product in its original packaging, and enclose the supplied Returns Slip giving details of the damage/fault in the box marked ‘Additional Comments’.  The replacement will be sent free of charge. A refund for the price of posting the faulty/damaged items will be issued, if a receipt is enclosed with the returned goods or sent separately.

If you want an immediate replacement, please contact Customer Services on 08431 680 000 to process a new order.  You will be charged for your new order and then refunded on receipt of your original item.

If you simply want a refund, return the complete product, unused and in its original packaging within 30 days of receipt, and we will process a refund according to your method of payment.  A confirmation will be sent to you by post for any refund processed. Please note that customers who have received their order and are not happy with their purchase will need to return their package at their own cost unless the product is faulty or has been sent by us in error.

Instructions for filling in the Returns Slip can be found on the dispatch note.  Once filled in simply tear off the slip and place in the parcel.  Pack the parcel securely and attach the peel-off Returns Address Label to the front of the parcel. [NB This does not cover the cost of postage.]

Take your parcel to the Post Office for return.  We recommend using Recorded Delivery for low value items, and Special Delivery for items over £28 and all jewellery.

(d) Statutory right of cancellation within 7 days of receipt of products

You may cancel your contract and obtain a refund by notifying us in writing by post, fax or email within 7 working days of receipt of the products to the address at the top of these conditions. We will refund you the cost of the products plus the cost of delivery to you within 30 days of delivery. You must keep the goods safe and return the products to us in their original packaging and unused and undamaged at your own cost within 30 days of delivery. If you do not so we may deduct our costs of recovering the products from the amount to be refunded to you. This right of cancellation is subject to the conditions and exclusions set out in clause (e) below.

(e) Exceptions to general cancellation and money back guarantee

COLLECTABLES

The 30 day money back guarantee does not apply to collectable items unless faulty, but you may cancel the contract in accordance with clause 7.3 (d) above.

You are unable to cancel the contract prior to dispatch or under clause 7.3 (d) or return personalised products unless faulty.

SPECIAL SALE ITEMS

This 30 day money back guarantee does not apply to special sale items unless faulty, but you may cancel the contract in accordance with clause 7.3 (d) above.

CHRISTMAS PRODUCTS

Because of the seasonal nature of these products, no returns will be accepted after 24th December, unless faulty.

8.Disclaimer of Liability and Indemnity

We promise that for any product that you purchase from us via the website:

a) we have the right to sell the product to you

b) the product will correspond to the description that we have given to you

c) the product will be of satisfactory quality; and

d) the product will be fit for any purpose for which you have bought it and you notified us of this purpose before purchase and we have not notified you that the product is not fit the purpose.

Our liability to you will be restricted to the purchase price paid by you for the relevant products plus any postage and packaging.

Whilst every effort has been made to ensure the high quality and accuracy of the Site, ISD Create and Craft Club makes no other warranty, express or implied, concerning the Create and Craft Club Content, the Site, software or products or services available through the Site (the 'Site Services') ISD Create and Craft Club expressly disclaims all warranties to the fullest extent permitted by law. In no event will ISD Create and Craft Club, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other monetary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site, even if ISD Create and Craft Club has been advised of the possibility that such damages may arise. ISD Create and Craft Club does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.

Upon ISD Create and Craft Club's request, you agree to defend, indemnify and hold harmless ISD Create and Craft Club from any claims and expenses, including reasonable legal fees, related to any breach of these terms by you or your use of any Site Services.

9. Force Majeure

ISD Create and Craft Club, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Create and Craft Club Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

10. Miscellaneous

ISD Create and Craft Club may, at its discretion, change these terms (including those relating to your use of Site and/or the Create and Craft Club Content). When terms are changed, ISD Create and Craft Club will notify you by email or by publishing details of those on the web site. If you use the Site after ISD Create and Craft Club has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Create and Craft Club Content may be subject to additional terms and conditions.

Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. ISD Create and Craft Club are not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. ISD Create and Craft Club are not responsible for the availability of these web sites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by ISD Create and Craft Club. Only parties to these terms may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices: Notices to ISD Create and Craft Club must be given in writing by letter and sent to Create and Craft Club, Ideal Shopping Direct Plc, Ideal Home House, Newark Road, Peterborough United Kingdom PE1 5WG.

Severability/Survival/Statute of Limitations: If any provision of these terms is invalid or unenforceable, this will not render all the terms unenforceable or invalid but rather the terms will be read and construed as if the invalid or unenforceable provision(s) have been deleted. Any cause of action of yours with respect to these terms must be filed in a court of competent jurisdiction in England, within one year after the cause of action has arisen.

Whole Agreement: These terms and any other terms and condition referred to in them set out the whole agreement between ISD Create and Craft Club relating to membership of the Create and Craft Club and use of the Site. ISD Create and Craft Club do not exclude liability for fraudulent misrepresentation.

Headings: Headings in these Terms are for convenience only and have no legal meaning or effect.

11. Governing Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms.

Create and Craft Club Website Privacy policy

ISD Create and Craft Club, part of Ideal Shopping Direct Plc, is committed to protecting the privacy of its members and other users of its websites. The following outlines our privacy and data protection policy.

Third party partners of Create and Craft Club and other websites you may access via www.createandcraftclub.tv have different privacy policies and are not subject to this privacy policy. We recommend that you read the privacy statement of each such website to find out how they protect your personal information.

Collection and Use of User Details

When you register at Create and Craft Club, we collect personal details about you.  Personal information such as your name, address and e-mail address is collected via Create and Craft Club's order and registration forms.

When you visit the site, we also collect web site usage information and information about your computer and internet connection, including your computer's IP address, the type and version of browser and operating system you use, your internet domain and, if you arrived at www.createandcraftclub.tv via a link from another website, the URL of the linking page.

We may use this information to:

• fulfil orders
• personalise the content and advertising you will see based on your personal characteristics or preferences
• notify you of relevant new products and features in the Create and Craft Club (if you opt in to receiving such information)
• notify you of promotions from the Create and Craft Club and from the Ideal Shopping Direct group of companies (if you opt in to receiving such information)
• allow reputable third parties to send you information (again, if you opt in to receiving such information)
  to ensure, as far as is practical, that our site is compatible with the browsers and operating systems used by most of our visitors.

We also use the information for in-house research to:

• improve our understanding of customer needs in developing the Create and Craft Club
• build marketing profiles
• aid strategic development
• manage our relationship with members and advertisers

The results of all such research and analysis will be presented as anonymous or aggregated information and will not reveal any personal facts about individual customers.

User Choices

If you want to be kept informed of Create and Craft Club products and offers, as well as technical or functional developments related to our website and on-line services, then you should tick the relevant opt-in box.

You may also indicate whether you wish to receive such information from other sources.

Ideal Shopping Direct businesses.

If you wish, we will occasionally allow other similar, reputable organisations to contact you. If you wish to hear from these companies, please tick the appropriate box on the registration form.

Cookies

A cookie is a small file which is placed on the user's hard drive during a Create and Craft Club web site visit. This file allows the user to move quickly and easily around our site. It is used to identify returning users and to identify subscribers and registrants (a registrant - and subscriber- will have the cookie linked to their e-mail address as a way of identifying them). This means that if you are a registrant or subscriber, you will not have to login each time you visit. We also use a cookie to track a user's sessions. We use this information to find out what site features are most popular so that we can develop www.createandcraftclub.tv in the light of our analysis of people's usage. We may also use cookies and the information we collect to show you relevant content and advertising.

You can delete cookies from your hard drive at any time. Bear in mind, though, that if you delete these cookies, any settings such as your stored username and password will be lost and you will have to contact the members support desk to have a new cookie downloaded to your PC. You will be unable to access the Create and Craft Club website if you do not permit cookies to be downloaded to your PC.

Further information on the use of cookies can be found at:

http://www.cookiecentral.com.

E-mails

The Create and Craft Club uses reputable third parties to deliver the e-mails you may receive from our site if you subscribe to our e-mail newsletters or have chosen to receive information about Create and Craft Club products and offers. These third parties use unique identifiers and invisible images (often called 'pixel tags' or 'clear GIFs') to perform message open sensing, message format sensing, and click through sensing on behalf of the Create and Craft Club in order to bring you more relevant information.

Content and some ad services in these e-mails are provided by The Create and Craft Club or another third party ad server.

Adverts

The Create and Craft Club may use a third party to deliver the advertisements that are placed within the site. This 3rd Party may note some of the pages you visit on our site through the use of pixel tags (also called 'clear gifs').

In the course of serving advertisements to this site, they may place or recognise a unique 'cookie' on your computer on behalf of The Create and Craft Club in order to bring to you more relevant information and in order to make sure that you do not receive the same advert many times in the same session.

Security Policy

The Create and Craft Club has appropriate measures in place to ensure that users' personal details are not misused, accidentally destroyed, lost or altered within the Ideal Shopping Direct server environment.

Occasions will arise when customer information is passed outside the Ideal Shopping Direct Plc to other data processors (i.e. fulfilment bureaus, database consultants etc.) but they will only act upon instruction from the Ideal Shopping Direct Plc in order to perform the services required. By browsing the Create and Craft Club website and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.

Updating Customer Details

It is important to us that we have your correct contact information so that you don't miss out on further correspondence or experience problems with the delivery of products. You can change your personal information or your e-mail requirements by

Updating your account information by email to:

members@createandcraftclub.tv

Children Under 18

Ideal Shopping Direct Plc does not intentionally collect any personally identifiable information from individuals under the age of 18. When necessary, underage users will be told not to submit any personal details and we will make every effort to delete any details of such users where a parent or guardian has informed us that these details have been collected.

Changes to this statement

Due to changes in legislation and best practice or enhancements to functionality and content on The Create and Craft Club we may make changes to our privacy policy and will reflect those changes in this statement, so you should check here from time to time.

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