Terms and Conditions
Effective: May 16, 2015
Please read these Terms and Conditions carefully before using this website
This website ("the Site") is owned and operated by Creative Rox Limited (referred to herein as "Creative Rox", "we", "us" or "our"). Access to and use of the Site and the sale and purchase of items from the Site are governed by the terms and conditions set out below (the "Terms and Conditions"). By using or purchasing items from the Site you hereby signify your assent to and acceptance of the Terms and Conditions. If you do not agree to the Terms and Conditions, do not use or purchase items from the Site.
1. About Us
Creative Rox Limited is a company incorporated in England and Wales, whose registered office is at C/O UHY Hacker Young, First Floor, Pembroke House, Ellice Way, Wrexham Tech Park, LL13 7YT. Tel: 01978 264925. Email: firstname.lastname@example.org. Our Company Registration Number is 8838165. Our VAT Registration Number is 182908679.
- 2.1 You may browse the Site for information and entertainment but may not modify, transmit, or revise any of the Site content without our written permission.
- 2.2 Our site is produced in the English language and is only intended for use by people resident in the countries which are members of the European Union plus Switzerland and Norway (the "Serviced Countries"). We do not accept orders from individuals outside those countries. By placing an order through the Site, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old; (c) you are resident in one of the Serviced Countries; and (d) you are accessing our site from that country.
- 2.3 You must not transmit through or to the Site any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
- 2.4 The Terms and Conditions may be updated and amended at any time and each time you access the Site the new Terms and Conditions will govern.
- 2.5 If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our website uses the highest level of security available for online shopping. Any personal information that you send is securely encrypted by a 128-bit Secure Sockets Layer (SSL). Our Checkout and My Account area are two examples of secure areas. There are two ways that you can check that the page you are on has been encrypted and that it is safe for you to continue:
- A padlock will be shown at the bottom of your screen.
- Our website address, http://www.creativerox.com, will change slightly, the part of the address starting with "http" will change to "https". You can find it at the top of your screen.
4. Electronic Communications
When you visit the Site or send electronic mail to us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please note that at all times you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice and/or communications described above, our dispatch of the e-mail containing such notice and/or communication will nonetheless constitute effective notice of the changes, deletions, modifications, additions, or deletion to the Terms and Conditions.
We encourage Site users to share with us their comments, suggestions, concepts, observations and ideas ("Ideas") about our Site, its products, and their commercial or educational use in general. By using this Site, however, you agree to grant, unless we indicate otherwise, a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works distribute and display such Ideas throughout the world in any media. You agree to grant us the right to use the name that you submit in connection with such Ideas, if we choose. You represent and warrant that you own or otherwise control all of the rights to the Ideas that you submit; that the Ideas are accurate; that use of the Ideas you supply do not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from Ideas you supply.
6. Proprietary Property
We own various proprietary and intellectual property rights to materials on this Site, including but not limited to copyrights and trademarks ("Content"). No Content owned or licensed by us may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, resold, or modified, from this Site, without prior, written permission from us, except that you may download one copy of the Content for your personal or non-commercial, home use and copies of any Content must clearly display the appropriate proprietary notices. Please review the Angel Policy, Copyright & Trademarks pages on this Site, which also governs your visit to this Site.
7. Unauthorised Site Use
We prohibit the following activities without our prior, written approval: linking; framing; using any robot, spider, other automatic device, or manual process to monitor or copy any part of the Site, Ideas or Content; any other interference with technological measures designed to control access to use of the Site or its contents; interfering or attempting to interfere with the proper operation of the Site and its activities; taking any action that might impose an unreasonable or disproportionately large load on the Site's technical infrastructure. Please contact us for approval enquiries.
8. Disclaimer of Warranties
This Site and all its contents and services are provided on an "as is" basis without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement. We do not warrant or guarantee that the contents of the Site will be accurate, up-to-date, or otherwise reliable. We do not warrant that this Site, its servers, or e-mail sent from us are free from viruses or other harmful components. The foregoing does not limit any manufacturer's express warranty provided with any item purchased on the Site. Please review the warranties provided in respect of Creative Rox products. Non-Creative Rox products are sold by this Site "as is." Consult the manufacturer for its express warranty provisions. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. Your statutory consumer rights are not affected.
9. Terms and Conditions of Business
Our Acceptance of Orders
We will sell to you and you will purchase from us products subject to the Terms and Conditions of Business set out below. The contract in respect to the products supplied by us to you comes into existence in accordance with these terms and conditions. For the avoidance of doubt, receipt of an order via our Site does not constitute acceptance. We will e-mail you prior to delivery to advise you of our acceptance of your order, it will state what the products are, the cost (including VAT and P&P) and delivery and invoice details. That acceptance will be deemed complete and to have been effectively communicated to you at the time that we send the e-mail to you (whether or not you receive that e-mail). Only our communication of our acceptance of your order to you will engage us, in accordance with these terms and conditions of business.
Orders are accepted from most countries within European Union, Switzerland and Norway. If ordering from Greece, Malta, Cyprus, Turkey or the Canary Islands and other countries not stated, please contact us, we will be happy to help provide delivery options.
All prices are quoted in UK Pounds Sterling (£) and are inclusive of Value-Added Tax (VAT), unless otherwise specified. Goods dispatched by Creative Rox Ltd to addresses outside of the European Union are generally not subject to VAT. All prices are exclusive of delivery costs, which will be added to the total amount. We reserve the right to change prices listed without notice. Prices are correct at the time of order only (except in the case of obvious error). All orders for items are subject to availability. The 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 the 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. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
Please note that any promotional pricing is exclusive to the Site and is only valid at the time of ordering (except in the case of obvious error). All orders for promotional items are subject to stock availability and can change without notice.
'Buy One Get On Free' offers, all items need to be placed in the shopping basket including the free items. The cost of the free item will be deducted during checkout. Free item(s) will not be despatched if they are not added to the shopping basket.
Vouchers Creative Rox vouchers entitle you to the offer upon the terms displayed, with the exception of die-cutting machines and die-cutting machine accessories. Creative Rox Ltd offers may not be used in conjunction with any other offer and are only redeemable at creativerox.com.
Our vouchers are not transferable and have no cash value, vouchers will not be exchanged for cash and sale, auction or re-tendering of this vouchers for money or otherwise is strictly prohibited.
Creative Rox Ltd reserve the right to retract the offer at any time.
If you order products from the Site for delivery outside the UK, 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. 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.
Payment can be made using major credit/debit cards as listed: VISA, Master Card and JCB. Our payment gateway is provided and secured by Sage Pay. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and Creative Rox Ltd will not be liable for any delay or non-delivery. Alternatively, we accept payments via Paypal. Payment must be received by us before products are dispatched for delivery.
Your Acceptance of Products
You will inspect the products within a reasonable time after their receipt and you will be deemed to have accepted the products unless within fourteen days (starting the day after the date the item is delivered) you notify us that the products are rejected (this does not however affect your statutory rights). If no such action is taken, we will consider the products as being accepted. Our Returns Policy has further information.
Product Availability and Fulfilment
All items are subject to availability. We may notify you if an item is out of stock by indicating such during the ordering process. Except as stated herein, we offer delivery services to the European Union, Switzerland and Norway. For deliveries outside these areas please Contact Us. We will be happy to help provide delivery options for you. The charges that apply to cover postage, delivery and packing are subject to change without notice.
We can not be responsible for any delay in delivery if you are not present to receive your parcel when it arrives. Our Delivery page provides details of where we ship to and the current postage and packaging prices.
If you need to return or exchange an item please refer to our Returns Policy which provides details on your rights as a consumer and the instructions you need to follow.
Limitation of Liability
We will not be liable for any damages of any kind arising from the use of the Site (including without limitation, any such loss arising out of or in connection with any order placed on the Site, whether or not accepted by us), including but not limited to lost profits or any special, incidental, indirect, consequential or reliance damages arising out of or in connection with the Site, our services or this agreement, even if we have been advised of the possibility of such damages. We do not exclude or limit our liability or the liability of any other person for death or personal injury resulting from our or their negligence or for fraudulent misrepresentation. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders place on the Site, neither we nor any of our agents, affiliates, directors, employees or other representative will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the Site.
You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs, expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the Site immediately if we consider that you have breached these Terms and Conditions.
These terms are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of the Site and destroying all Content obtained from the Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.
If any of these Terms and Conditions or any provisions 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.
Contracts for the purchase of products through the 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) will be subject to the exclusive jurisdiction of the courts of England and Wales.