2. ORDERS AND CONTRACT
2.1 Creative Nurture shall have the right to decline or accept any Orders placed for Products.
2.2 The Customer shall be responsible for the accuracy of an Order and for giving the Creative Nurture any information necessary for the Supplier to fulfil the Order.
2.3 Upon placing an Order, the Customer has offered to purchase Products from Creative Nurture. No act performed by Creative Nurture will constitute formation of a contract until an item is dispatched to the Customer.
2.4 Creative Nurture will however, confirm the placement of an Order by sending the Customer an email to the designated email address given by the Customer upon placement of the Order.
3.1 Creative Nurture will use reasonable commercial endeavors to deliver the Products by any time or date agreed with the Customer and in the quantities required by the Customer, but time and delivery shall not be of the essence of any Contract for the supply of the Products and in the event of ’s failure to meet such date for any reason, the Supplier shall not be liable for any loss or damage suffered by the Customer as a result, nor shall this constitute a breach or repudiation of these Conditions.
3.2 Creative Nurture shall not be required to fulfil Orders for Products in the sequence that they are placed.
3.3 Creative Nurture will make all reasonable attempts to deliver the Products to the Customer’s address on the delivery date. The Customer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
3.4 If the Customer refuses to take delivery of any Products, then Creative Nurture shall be entitled to withhold delivery of any other Products and to treat this Contract as repudiated by the Customer.
4.1 The Price of Products and the cost of delivery of those Products shall be those ruling at the date the Products are purchased as set out on the Web Site.
4.2 Time for payment shall be of the essence and shall be made via the Web Site at the time of placing the Order.
4.3 No Orders will be dispatched until payment of the Price and any other charges is made in full to the Supplier.
4.4 Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.
4.5 VAT is payable [where applicable] in addition on the Price by the Customer at the rate prevailing on the date of the invoice. The amount of relevant VAT shall be set out on the Web Site at the time at which the Order is confirmed.
4.6 Should the Customer fail to make any payment in full to the Supplier due to the Supplier under this agreement, interest may be charged on the outstanding amount. Such interest shall accrue daily at the rate of 10% above the base rate of Halifax Bank from time to time from the Due Date until the date of payment, whether before or after judgment or other Court order.
5.1 Details and/or specifications on the Web Site, in brochures, and price lists produced by Creative Nurture are intended as a guide only and give a general approximation of the Products.
5.2 The Customer confirms and agrees that it has not relied upon the details and information contained on our social media sites, or the Web Site or in price lists unless it has sought and obtained written confirmation from the Supplier of their accuracy on the Web Site or in the price lists.
5.3 Creative Nurture reserves the right to make changes to the specification of the Products as required from time to time by law, applicable safety requirements or manufacturing requirements if they do not have a material adverse effect on the quality and/or performance of the Products.
6. Delivery and Ownership
6.1 Unless previously agreed in writing, any dates quoted for delivery of the Products are approximate only. Creative Nurture shall not be liable for any delay in delivery of the Products however caused. Time for delivery shall not be of the essence unless previously agreed in writing by Creative Nurture. On giving reasonable notice to the Customer, the Products may be delivered to the Customer in advance of the quoted delivery date.
6.2 If Creative Nurture is to deliver the Goods [to an address in the United Kingdom], Supplier’s charges for transport, packaging and insurance (including VAT on such charges) will be paid for by the Customer as set out on the Web Site [Responsibility for charges for deliveries to addresses outside the United Kingdom may vary and will be subject to agreement between the parties at the time the Customer places an Order.]
6.3 Only when the Creative Nurture has received payment in full will title to the Goods pass to the Customer. All risk of loss or damage to the Goods shall pass to the Customer on delivery.
7. RETURNS AND CANCELLATION
7.1 Creative Nurture will replace free of charge any Products in which risk has passed to the Customer if they are damaged or lost due to the neglect or default of Creative Nurture, its employees or other representative.
7.2 In any event the Customer is entitled to a statutory period in which to return the Products even if they are not defective. The right to cancel any Order arises seven days after the Products are received by the Customer. Custom made orders and one of a kind items are non-refundable and are not included in the statutory period.
7.3 The Customer must inform Creative Nurture by email to firstname.lastname@example.org giving the Order number
7.4 The Customer will be responsible for the cost of returning the goods to Creative Nurture
8.1 Other than for repairs and refurbishments carried out by Creative Nurture, Creative Nurture warrants that the Products will be free from defects in workmanship for a period of twelve months from delivery of Products to the Customer. All handmade items that are made in textile material may contain small irregularities such is the nature of cloth.
8.2 If any Products prove to be defective and are covered by the warranty in clause 8.1 above, then Creative Nurture shall at its sole option either repair or replace or re-perform such Products.
8.3 Any work carried out by Creative Nurture which is not covered by the warranty will be charged for.
8.4 The Customer agrees that the repair and/or replacement shall be the Customers sole remedy in respect of claims under the warranty.
8.5 Creative Nurture agrees that it will repair or replace defective Products within a reasonable time of being notified by the Customer of the defect.
8.6 The warranty in clause 8.1 above will not apply if the Customer has not paid in full for the relevant Products on the due date for payment.
8.7 If the Customer notifies a defect in the Products to Creative Nurture, then: –
8.7.1 The Supplier reserves the right to inspect the Products; and/or
8.7.2 To require the Customer to return the defective Products to Creative Nurture for inspection at the Customer’s cost and if the Products shall prove to be defective then the Supplier shall reimburse the Customer for the cost of returning the defective Products.
8.8 Creative Nurture shall have no liability to the Customer if the Price for the Products has not been paid in full by the due date for payment.
8.9 Creative Nurture shall have no liability to the Customer for defective Products, Products not dispatched, or Products damaged or lost in transit unless the event is notified to Creative Nurture within the appropriate time limit set out in this Contract.
8.10 Creative Nurture shall have no liability for damage, loss, liability, claims, costs or expenses caused or contributed to by the continued use of defective Products after a defect has become apparent or suspected or should reasonably have become apparent to the user.
8.11 The Customer shall give Creative Nurture a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so Creative Nurture shall have no liability to the Customer.
8.12 Creative Nurture shall have no liability to the Customer for any consequential, financial, economic or other loss (including loss of profits and/or damage to goodwill).
8.13 The Customer shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer.
8.14 Creative Nurture’s liability to the Customer shall not exceed the Price.
8.15 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply separately for each of:
8.15.1 liability for breach of Contract;
8.15.2 liability in tort (including negligence); and
8.15.3 breach of statutory duty; except this clause which shall apply once only in respect of all the said types of liability.
8.16 Nothing in this Contract shall exclude or limit the liability of Creative Nurture for death or personal injury due to negligence or any liability which is due to fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
8.17 The limitations in this Contract are necessary to allow Creative Nurture to provide the Products at its current Prices.
9. CUSTOMER WARRANTY
9.1 The Customer warrants that any person acting on behalf of the Customer to place an Order is duly authorized by the Customer to do so.
9.2 The Customer warrants that it has the right to place any Order with Creative Nurture and that there is no encumbrance which will prevent Creative Nurture from performing any Contract and/or fulfilling any Order.
9.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.
9.4 If the Customer requires greater protection, then Creative Nurture will agree to modify the limitations and extend its guarantees in return for the payment of a higher Price for the Products.
10.1 No variation to these Terms shall be binding unless agreed in writing between the authorized representatives of Creative Nurture and the Customer. The Supplier’s employees or agents are not authorized to make any representations concerning the Products unless confirmed by Creative Nurture in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
10.2 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by Creative Nurture shall be subject to correction by Creative Nurture without any liability on the part of Creative Nurture.
10.3 Time is not of the essence in relation to the performance of the obligations of Creative Nurture under these Terms. Notices between the Customer and Creative Nurture relating to these Terms shall be in writing. Notices shall either be delivered personally or sent by first class post or fax to their registered office. Notices if delivered by hand shall be treated as received when delivered, if sent by first class post 48 hours after posting, if sent by air-mail post 72 hours after posting and if sent by fax when sent.
10.4 These Terms are the entire agreement between the Customer and Creative Nurture and replace all previous agreements between them relating to the same subject matter.
10.5 Neither the Customer nor Creative Nurture shall be liable if it breaches these Terms because of circumstances which are beyond its reasonable control, provided that as soon as is reasonably practicable it gives notice to the other party.
10.6 Nothing in this agreement creates a partnership or employment relationship between the Customer and Creative Nurture or makes one party the agent of the other.
10.7 These Terms or any rights or obligations under them may not be assigned by either party without the prior written consent of the other (such consent not to be unreasonably withheld or delayed).
10.8 Nothing in these Terms is intended to create any right for any third party to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.9 Customer and Creative Nurture shall attempt to substitute for any invalid, illegal or unenforceable provision a valid, legal and enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid, illegal or unenforceable provision.
10.10 The laws of England and Wales shall govern these Terms. The Customer and the Supplier agree to submit to the exclusive jurisdiction of the courts of England and Wales.
11.1 To the extent that Creative Nurture keeps and hold any personal information about the Customer it will be held by Creative Nurture for the purposes of processing any completing Orders and to provide the Customer with information about offers being made by the Supplier.
11.2 Creative Nurture will not divulge Customer information to any third party except where it is necessary for the purposes of processing and fulfilling Orders, or as is required by law.
11.3 If the Customer does not wish to be informed of any offers being made by Creative Nurture, please email email@example.com
12. INTELLECTUAL PROPERTY
12.1 All intellectual property rights relating to the Web Site are and shall remain the property of Creative Nurture.
12.2 Creative Nurture grants to the Customer a non-exclusive non-transferable licence to use the Web Site for browsing for Products and/or purchasing products The Customer agrees that it will not itself, or through a third party:
12.2.1 Copy the Web Site, except as is necessary for use of the Web Site as set out in these terms and Conditions.
12.2.2 Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Web Site except as permitted by law;
12.2.3 Write or develop any derivative or other software programs based, in whole or in part upon the Web Site.
12.3 The Customer may link to this website if the Customer or any third party wishes without our permission but must link to the homepage and not deep link into the site. The Customer or third party may also use any information contained in this Website if Creative Nurture’s owner
2.1 ship is acknowledged.
2.2 However, if the Customer does link to the Web Site the person so linking ownership agrees that they will indemnify Creative Nurture in full if any action is taken against Creative Nurture by any party, or even by the person linking, by the link created. If a link is created to this Web Site, any use is subject to these Conditions.
3.1 If the Customer has any query or wishes to serve any notice pursuant to these Conditions or make any complaint, then communication should be made to;