Terms and Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions (the "Terms") on which Carte Blanche Greetings Limited ("We") supply any of the products (the "Products") listed on our website ("Our Site") to you. Please read these Terms carefully before ordering any Products from Our Site. You should understand that by ordering any of our Products you agree to be bound by these Terms.
1. Information about us
www.bycarteblanche.com www.metoyoumyplace.comis a site operated by Carte Blanche Greetings Limited ("We"). We are registered in England and Wales under company number 02265225 and our registered office and trading address is Unit 3, Chichester Business Park, Tangmere, Chichester, West Sussex PO20 2FT. Our VAT number is 760515248.
The Products are only those listed on Our Site. We may provide links on Our Site to other websites We operate or to those operated by third parties. Any products sold or advertised by those websites shall not be the subject of these Terms or of any Contract (as defined in clause 4.1 below) formed pursuant to these Terms.
3. Your Status
3.1 By placing an order through Our Site, you warrant that:
3.1.1 you are legally capable of entering into binding contracts; and
3.1.2 you are at least 18 years old.
4. How the Contract is formed between you and us
4.1 After placing an order you will receive an email from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the "Contract") will only be formed when We send you the Dispatch Confirmation. We reserve the right to refuse to supply any individual or company.
4.2 The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.3 Your order with us shall constitute:
4.3.1 your agreement to these Terms; and
4.3.2 your confirmation that you meet the eligibility requirements of clause 3.
5. Consumer Rights
5.1 As a consumer you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them and at your own risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation We may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any Products that have been personalised, customised or otherwise modified at your request.
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided on the returns form enclosed with the Product(s). This provision does not affect your statutory rights.
6. Availability and Delivery
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation. Delivery normally takes place within three to four working days of confirmation of dispatch, [subject to the performance of the courier] but please allow 28 days for delivery. Occasionally a delivery date may be postponed. This may occur for various reasons for example material shortages, import delays or higher than anticipated demand for a Product. We will keep you informed if a postponement is necessary and discuss revised timescales with you. We are not liable for any charges you may incur due to delayed or cancelled deliveries.
6.2 Time of delivery of a Product is not of the essence.
7. Risk and Title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when We receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and Payment
8.1 The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as indicated at the relevant stage of the check out process on Our Site.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which We have posted a Dispatch Confirmation on the 'My Account' page of Our Site.
8.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on Our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on Our Site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have posted a Dispatch Confirmation on the ['Your Account'] page of Our Site, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We accept payment by most credit and debit cards, but please refer to the list of accepted credit and debit cards indicated at the relevant stage of the check out process on Our Site.
9. Our Refunds Policy
9.1 When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case We will refund the price of the Product in full, including the cost of sending the item to you. Products returned to us must be in the original condition in which they were delivered to you together with all packaging and must not be damaged and must be in a re-saleable condition.
9.2 When you return a Product to us for any other reason (for instance, because you have notified us in accordance with clause 22.2 that you do not agree to any change in these Terms or in any of our policies, or because you claim that the Product is defective), We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days after the day We confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you.
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our Liability
11. Import Duty
11.1 If you order Products from Our Site for delivery outside the United Kingdom they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written Communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Carte Blanche Greetings Limited at Unit 3, Chichester Business Park, Tangmere, Chichester, West Sussex PO20 2FT or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of Rights and Obligations
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 strikes, lock-outs or other industrial action;
15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 impossibility of the use of public or private telecommunications networks; or
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Intellectual Property Rights
16.1 For the purposes of this clause, "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
16.2 All Intellectual Property Rights and all other rights in the Products are the property of and vest in Carte Blanche Greetings Limited.
16.3 You acknowledge that you have no rights to or in the Intellectual Property Rights and hereby undertake to agree not to make copies of the Products or use the Products for any reason other than their intended use.
18. Loyalty Scheme
19.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
21.1 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
22. Our right to vary these Terms
22.1 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
22.2 You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these Terms before We post a Dispatch Confirmation on the ['Your Account'] page of Our Site (in which case We have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
23. Third party rights
A person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
24. Law and Jurisdiction
Contracts for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
10.1 We warrant to you that any Product purchased from us through Our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way our liability:
10.3.1 for death or personal injury caused by our negligence;
10.3.2 under section 2(3) of the Consumer Protection Act 1987;
10.3.3 for fraud or fraudulent misrepresentation; or
10.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of data or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise).
Silver Ticket Lucky Draw
1. This Promotion will run from 29th October 2012 to 2nd November 2012 (the ‘Promotion Period’).2. The promoter is Carte Blanche Greetings Limited, (company number 02265225) Unit 3 Chichester Business Park, Chichester, West Sussex, PO20 2FT (‘Promoter’) 3. Automatic entry to this Promotion is made by all customers meeting the eligibility criteria set out below who make a purchase through the Promoter’s online shop at www.bycarteblanche.com (‘Website’) during the Promotion Period. 4. All entrants must be aged 18 or over, residents of the UK (excluding Northern Ireland) and must not be employees of the Promoter or anyone professionally associated with this Promotion (or immediately family members of any of these). 5. There will be 25 winners, selected at random in accordance with the following procedure: 5 orders from all of the orders received on each calendar day during the Promotion Period will be chosen at random nder independent supervision and a winning ticket will then be placed somewhere within the order packaging prior to order despatch. If there are less than 5 orders on any day during the Promotion Period, the unallocated winning tickets will be added to the winning tickets to be allocated on the following day. If there are any unallocated winning tickets at the end of the Promotion Period, the Promoter in its sole discretion may (but shall not be required to) extend the Promotion Period. 6. The winning ticket will contain details of the prize won. There are 25 prizes which are: 6 x Large Tatty Teddy (personalised with winner’s choice of words in three lines with up to 10 characters per line on the teddy’s right footpad) 6 x Tatty Teddy Artwork, Signed and in a framing mount 1 x Join in and Play Interactive Binky the Panda 1 x Join in and Play Interactive Passion the Lovebug 1 x Join in and Play Interactive Blossom the Rabbit 1 x Join in and Play Interactive Cottonsocks the Sheep 1 x Join in and Play Interactive Coco the Monkey 8 x My Blue Nosed Friends selection comprising: Rucksack, pencil case, notebook and collectable charm. 7. Entrants that find a winning ticket inside their order must follow the instructions on the ticket in order to claim their prize. All winning claims should be made by 30th November. Failure to claim the prize by this date disqualifies a winning ticket. Any claims that are late, lost, damaged, incomplete or delayed will be disqualified. Claimants will be required to confirm the code on the winning ticket, details of their order, their name and date of purchase. The Promoter reserves the right to refuse fulfilment of the prize is there is a suspicion of fraud or if the Promoter has reason to believe that a winner has acted improperly. 8. Entrants confirm by their purchase of products from the Website during the Promotion Period, and any subsequent claim of a prize, to be bound by all the terms and conditions of this Promotion, which include the instructions for entry, details of the prizes and these conditions. 9. Entrants may enter more than once, an entry will be made to the Promotion for each order made during the Promotion Period. An Order containing multiple products will count as one entry. 10. The Promoter accepts no responsibility for any faulty of failed electronic data transmissions or technical functions nor failed connections by the entrant’s attempt to make a purchase from the Website nor any rejection of your card details by your card issuer. The Promoter is not responsible for any unavailability of the Website. 11. Entrants confirm by their entry that: - Facebook is not the promoter of this Promotion and they fully release Facebook from any liability in connection with this Promotion; - This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook; and - By entering this Promotion entrants are providing their information to the Promoter and not to Facebook. 12. The Promoter reserves the right to change any of the prizes provided that the alternative prizes are of the same or higher value. The prizes are non-transferable and there are no cash, credit or other alternatives in exchange for any prize. The address you provide with your order will be used to send prizes. Prizes are only available to be despatched within the UK. 13. The decision of the Promoter in all matters relating to this Promotion is final and binding and no correspondence will be entered into. 14. Winners accept that the Promoter will have the right, without additional payment or permission, to use their name, age, town of residence and likeness for the purposes of announcing the winner of this Promotion and for related promotional purposes. Entrants may be required to participate in post-event publicity. 15. The Promoter will not be responsible for any damage, loss, injury or disappointment suffered by any entrant entering the Promoter as a result of accepting any prize or failing to claim a prize within the time period set out on the winning ticket. The Promoter will not be liable for any loss (including financial loss) or damage caused to an entrant where that damage or loss is not reasonable foreseeable by either the Promoter or the entrant including where the loss or damage results from the Promoter’s breach of these conditions. Nothing shall exclude the Promoter’s liability for fraud or for death or personal injury caused by its negligence. 16. Events may occur that render the Promotion itself or the awarding of the prizes impossible because of reasons beyond the control of the Promoter and accordingly the Promoter may at its absolute discretion vary or amend the Promotion and the entrant agrees that no liability shall attach to the Promoter as a result thereof. 17. This Promotion will be governed by the laws of England and Wales and any dispute will be subject to the exclusive jurisdiction of the English courts. 18. Details of the winner can be obtained by sending a SAE to the Promoter’s address within 3 months of the end of the Promotion Period.