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Welcome to the Ideal Shopping Direct Plc Website Terms and Conditions for Use. These terms and conditions apply to the use of this website at www.idealworld.tv. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
The http://www.createandcraft.com and www.createandcraftclub.com websites are operated by: Ideal Shopping Direct Plc, a company registered in England and Wales, whose registered office is at Newark Road, Peterborough, Cambridgeshire, United Kingdom, PE1 5WG. Our company registration number is 1534758 Our VAT registration number is GB 738 1640 28 We are a member of the following trade associations/professional bodies: Direct Marketing Associations
Trading address: Ideal Home House Newark Road, Peterborough, Cambridgeshire, United Kingdom, PE1 5WG
General email: customer.services@idealshoppingdirect.co.uk Telephone number: 08431 680 000 Fax number: 08431 681 681
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 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.
2.2 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.
2.3 If you are registering as a customer over the telephone you need to supply us with a valid telephone number so that we can establish your PIN and register you as a customer. Unless you allow it, no outbound marketing calls will be made to this telephone number. Please note, your telephone number is also a mandatory field when registering as a customer via the Ideal World websites.
2.4 We may refuse to accept an order:
3.1 The price you pay is the price displayed on this website at the time we receive your order, apart from the following exception:
1. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. While we try and ensure prices on our website are accurate, errors may occur.
3.2 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.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
4.2 In addition we offer a 14 day money back guarantee, which allows you to return any product for any reason within 14 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 4.3 below. Some products are not covered by the general cancellation policy or money back guarantee. See clause 4.5 below.
4.3 Terms of 14 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 14 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/faulty or the wrong item 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/wrong item 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 do not wish to retain the product and simply want a refund, return the complete product in its original packaging within 14 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 Despatch 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 £39 on all jewellery.
4.4 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 cancellation. 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 4.5 below.
4.5 Returns Exceptions
AUDIO/VIDEO RECORDINGS, COMPUTER SOFTWARE You may return these items under our money back guarantee or clause 4.4 above, provided the goods have not been unsealed.
MOBILE PHONES You may return this item under our money back guarantee or clause 4.4 above, provided it is unused and the SIM card pack is unopened.
MOBILE PHONES - CONTRACT You may return this handset and cancel the airtime contract up to 14 days from receipt.
PERISHABLE GOODS You are unable to cancel the contract prior to dispatch or under clause 4.4, or return any perishable product (eg fresh food; plants).
PERSONAL HYGIENE PRODUCTS You are unable to return any Personal Hygiene item if it has been removed from the packaging or a 'hygiene strip' has been removed.
PERSONALISED PRODUCTS You are unable to cancel the contract prior to despatch or under clause 4.4 or return personalised products unless faulty.
JEWELLERY You may return for exchange, replacement or refund up to 14 days from receipt provided the security tag has not been removed.
CLOTHES You may return any item of clothing for refund or exchange or size/colour only if the item has been kept in a new condition and is unspoiled.
These returns exceptions do not affect your statutory rights.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in the software and all material on this Website (including without limitation photographs, graphical images artwork, data compilations, audio and video material) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with www.idealworld.tv you must be 18 or over. You can update your registration at any time at the Customer Account section of our website.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. You are responsible for all activities that occur under your account or password.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which but for these terms and conditions might have effect in relation to this Website.
11.1 We promise that for any product that you purchase from us via the Website:
Our liability to you will be restricted to the purchase price paid by you for the products plus any postage and packaging.
11.2 Except to the extent set out in these terms, we, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.3 Nothing in these terms and conditions shall affect your rights as a consumer or exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.5 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 and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12.1 These terms and conditions shall be governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts for all purposes in connection with these terms and conditions and our privacy policy.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
13.4 If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation in which you breach these conditions.
13.5 These terms and conditions and the polices referred to in them and your order form are the only terms which apply to your use of the Website and the purchase of products from us via the Website. You acknowledge that you have not entered into this arrangement in reliance on any other statement, warranty or representation made by us or on our behalf.
August 2009
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