Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) produced and sold by Sarah McVeigh t/a Captured Keepsakes (our company) to you.
Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By clicking the “I accept” button in connection with these terms and conditions when prompted you are accepting the terms and conditions and agreeing to be subject to them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1 Information about us
1.1 Sarah McVeigh is a sole trader, trading as Captured Keepsakes (we).
2 Your status
By placing an order with us, you warrant that you are legally capable of entering into binding contracts.
3 How the contract is formed between you and us
3.1 After placing an order, you will receive an e-mail 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 by debiting your chosen method of payment. The contract between us (Contract) will only be formed when payment has been made by you.
3.2 The Contract will relate only to those Products for which you have debited your debit or credit card. We will not be obliged to supply any other Products, which may have been part of your order until the price of such Products has been debited from your debit or credit card account.
4 Consumer rights
4.1 If you are contracting 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 (excluding personalised items which have already been made) (set out in paragraph 9 below).
4.2 To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
4.3 This provision does not affect your statutory rights.
5 Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6 Risk and title
6.1 The Products will be at your risk from the time of dispatch.
6.2 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.
7 Price and payment
7.1 The price of any Products will be as quoted on our site or Facebook page, Instagram or twitter account from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.5 Payment for all Products must be by cheque, cash or BACS transfer. We accept most major credit and debit cards.
8 Our refunds policy
8.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions 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 refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
8.2 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 and the cost incurred by you in returning the item to us.
8.3 Products returned by you within the seven-day cooling-off period (see paragraph 4.1 above) will be refunded in full, including the cost of sending the item to You, (excluding personalised items) however, you will be responsible for the cost of returning the item to us.
8.4 If you decide to Cancel an Order after the Products have been dispatched and commenced their carriage to you by carrier or post, we may charge you for the carriage of those Products and any administration incurred. We advise you check the status of the Order before you request Cancellation by emailing firstname.lastname@example.org. Any charges will be communicated to you before we confirm the Cancellation.
9 Our liability
9.1 We warrant to you that any Product purchased from us through our site, Facebook, Instagram twitter or via email is of satisfactory quality.
9.2 Our liability in connection with any Product purchased through our site, Facebook, Instagram, twitter or via email is strictly limited to the purchase price of that Product.
9.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10 Import duty
10.1 If you order Products from our site, Facebook, Instagram or twitter or via email we may dispatch from any relevant country around the globe and 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.
10.2 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.
11 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, Facebook, Instagram or twitter, 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 in any relevant jurisdiction.
All notices given by you to us must be given to Sarah McVeigh t/a Captured Keepsakes, 35 Younghall Close, Greenside, Ryton, Tyne and Wear, NE40 4QG. 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 paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, Facebook, Instagram or twitter, 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.
13 Transfer of rights and obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 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.
13.3 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.
14 Events outside our control
14.1 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 (Force Majeure Event).
14.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 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.
15.1 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 and conditions, 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.
If any of these terms and Conditions 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.
17 Entire agreement
17.1 These terms and conditions 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.
17.2 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 and conditions.
17.3 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 and conditions.
18 Our right to vary these terms and conditions
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you) of any jurisdiction, or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19 Your Information
20 Law and jurisdiction
Contracts for the purchase of Products through our site, Facebook, Instagram, twitter or via email will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.