Terms Of Service

Terms Of Service 2018-06-25T10:32:47+00:00

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which services are sold by Us to consumers through this website, www.digitalcraftemporium.co.uk (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site.  You will be required to read and accept these Terms of Sale when ordering Services.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of services, as explained in Clause 8;
“Services” means the serivces sold by Us through Our Site;
“Order” means your order for services;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means John Bloodworth T/A James William Maurice Creative [, a sole trader operating in Scotland ].
  1. Information About Us
    • Our Site, digitalcraftemporium.co.uk, is [owned and] operated by John Bloodworth T/A James William Maurice Creative [, a sole trader operating in Scotland]
    • [We are a member of AFCI.]
  2. Access to and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    • Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
  3. Services, Pricing and Availability
    • We make all reasonable efforts to ensure that all descriptions and graphical representations of Services available from Us correspond to the actual Services. Please note, however, the following:
      • Images of products or services and services are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
      • Images and/or descriptions of packaging are for illustrative purposes only, the actual goods are delivered electronically.
    • Please no clause excludes Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Services, not to different Services altogether. Please refer to later sections of this contract if you receive incorrect Services (i.e. Services that are not as described).
    • Minor changes may, from time to time, be made to certain Services, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Services and will not normally affect your use of those Services.  However, if any change is made that would affect your use of the Services, suitable information will be provided to you.
    • In some cases, as described in the relevant product descriptions, We may also make more significant changes to certain Services [or to the price of those Services]. If We do so, We will inform you [at least one month] in advance of the changes becoming effective.  If you are not happy with the changes, you may end the Contract as described below in sub-Clause 13.1.
    • We may from time to time withdraw certain products or services from sale. If any Services purchased by you (whether as a one-off purchase or by subscription) are likely to be affected by such withdrawal, We will inform you in writing at least one month in advance.  You will be refunded in full for any Services paid for that you will not receive due to their withdrawal.  Refunds will be made within 14 calendar days of the change, using the same payment method that you used when ordering the Services [unless you specifically request that We make a refund using a different method].
    • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
    • All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
    • In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    • All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  4. Orders – How Contracts Are Formed
    • Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    • If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  [Our acknowledgement of receipt of your Order does not mean that we have accepted it.]  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
    • Order Confirmations shall contain the following information:
      • Your Order Number;
      • Confirmation of the Services ordered including full details of the main characteristics of those Services;
      • Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
      • How to access the services to be provided.
      • If your Order is for the regular provision of Services by subscription, details of your subscription, including its duration;
  1. Payment
    • You will be billed in advance before each provision of Services as per your chosen subscription.]
    • We accept the following methods of payment on Our Site:
      • PayPal Funds – processed via PayPal;
      • Credit Cards – processed via PayPal;
      • Debit Cards – processed via PayPal;
    • If any payment due to Us is not made on time, services will be cancelled with immediate effect.
    • If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know.
  1. Delivery, Risk and Ownership
    • All Services purchased through Our Site will normally be delivered as follows:
      • For the ongoing supply of Services by subscription, Services will normally be delivered on an ongoing basis until such time as your subscription expires, or until it is ended either by you or Us.
    • In some limited circumstances We may need to suspend the provision of Services to you for one or more of the following reasons:
      • To fix technical problems with the Services or to make necessary minor technical changes;
      • To update the Services to comply with relevant changes in the law or other regulatory requirements;
      • To make more significant changes to the Services, as described above in other clauses of these terms.
    • If We need to suspend provision of the Services for any of the reasons set out above, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend delivery for urgent or emergency reasons such as a dangerous problem with the Services, in which case We will inform you as soon as reasonably possible after suspension).
    • We may suspend provision of the Services if We do not receive payment on time for those Services from you.  We will inform you of the non-payment on the due date.
  2. Cancelling Services if You Change Your Mind
    • If you no longer wish to receive Services from Us and wish to end your subscription [before your subscription period is complete] you may do so in your online account area. Your cancellation will be effective [as soon as We receive it]
    • [We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services and services, however please note that you are under no obligation to provide any details if you do not wish to.]
  1. Our Liability to Consumers
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We only supply services for domestic private use by consumers and limited commercial purposes. We make no warranty or representation that the Services are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under the clause above occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • We will take all reasonable steps to minimise the delay;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
      • If the event outside of Our control continues for more than 7 days We will cancel the Contract and inform you of the cancellation.
      • If an event outside of Our control occurs [and continues for more than 7 days] and you wish to cancel the Contract as a result, you may do so by accessing the membership area of your account.
  1. Communication and Contact Details
    • If you wish to contact Us with general questions or complaints, you may contact Us using the contact form on this website.
    • For matters relating the Services or your Order, please contact Us using the contact form on this website
    • For matters relating to cancellations, please visit the membership area of your account on our website.
  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact form on this website.
  2. How We Use Your Personal Information (Data Protection)
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy
  3. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
  4. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [Scotland].
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in the clause above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of [Scotland].