Terms of sale
View information | PART A: INFORMATION ABOUT ELLISON You can find out how to get in touch with us or view our registered company details. |
View our Website | PART B: WEBSITE TERMS OF USE You can view legal terms and conditions that apply when you access, browse and use |
View our | PART C: TERMS AND CONDITIONS OF SALE You can view legal terms and conditions that apply to any product you order from our site. |
View our | PART D: PRIVACY AND COOKIE POLICY You can learn what personal information we collect and use about you when you access, browse and use our website. |
View our | PART E: ANGEL POLICY You can view the limited licence that applies when you use our products to create items for sale. |
PART A: INFORMATION ABOUT ELLISON EUROPE LIMITED
PART B: WEBSITE TERMS OF USE
1. These terms of use refer to the following additional terms, which also apply to your use of our site:
2. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By 3. using our site, you consent to such processing and you warrant that all data provided by you is accurate.
3. Our Cookie Policy, which sets out information about the cookies on our site.
4. If you purchase a product from our site, our Terms and Conditions of Sale will apply to the sale.
5. If you make and sell items created using our products, you must comply with our Angel Policy.
1. We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
2. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
1. Our site is made available free of charge.
2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
3. You are responsible for making all arrangements necessary for you to have access to our site.
4. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
5. Our site is directed to people residing across the world, with the exception of North and South America (Serviced Countries). We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the Serviced Countries, you do so at your own risk.
1. You may use our site only for lawful purposes. You may not use our site:
(a) In any way that breaches any applicable local, national or international law or regulation;
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) For the purpose of harming or attempting to harm minors in any way;
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2. You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our site; and
(b) Not to access without authority, interfere with, damage or disrupt:
(a) any part of our site;
(b) any equipment or network on which our site is stored;
(c) any software used in the provision of our site; or
(d) any equipment or network or software owned or used by any third party.
1. When you register to use our site you must ensure that the details provided by you on registration or at any other time are true, accurate and up to date.
2. When you create an account we may provide you with and/or ask you to use a password. You should keep this password confidential and not disclose it with anyone. It is your responsibility for all activities and orders that occur or are submitted under your password. If you become aware of or suspect any unauthorised use of your password or account please contact us.
3. We have the right to disable your account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact us.
1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our site; or (b) use of or reliance on any content displayed on our site.
4. If you are a business user, please note that in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
5. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
7. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
8. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products by use to you, which will be set out in our Terms and Conditions of Sale.
1. We encourage users of our site to contribute to our site by sharing with us their comments, suggestions, concepts, observations and ideas about our site, its products, and their commercial or educational use in general (Submissions).
2. Whenever you make use of a feature that allows you to upload Submissions, or to make contact with other users of our site, you must comply with our content standards. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Submission as well as to its whole.
3. Submissions must not: (a) contain any material which is defamatory of any person; (b) contain any material which is obscene, offensive, hateful or inflammatory; (c) promote sexually explicit material; (d) promote violence; (e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (f) infringe any copyright, database right or trade mark of any other person; (g) be likely to deceive any person; (h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (i) promote any illegal activity; (j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; (k) be likely to harass, upset, embarrass, alarm or annoy any other person; (l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; (m) give the impression that they emanate from us, if this is not the case; or (n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4. You warrant that any such Submission does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.
6. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
7. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
8. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards.
9. The views expressed by other users on our site do not represent our views or values.
10. You are solely responsible for securing and backing up your content.
1. By using our site, 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.
2. You agree to grant us the right to use the name that you submit in connection with such Submission, if we choose.
3. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you submit, that the Submissions are accurate, that use of the Submission 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 Submissions you supply.
1. We do not guarantee that our site will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3. You must not establish a link to our site in any website that is not owned by you.
4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
5. We reserve the right to withdraw linking permission without notice.
6. The website in which you are linking must comply in all respects with our content standards.
7. If you wish to make any use of content on our site other than that set out above, please contact us.
1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
2. We have no control over the contents of those sites or resources.
1. We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of our site.
2. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
PART C: TERMS AND CONDITIONS OF SALE
1. These terms and conditions of sale (Terms and Conditions of Sale) apply to any order you place through our website www.sizzix.co.uk (our site). You must read these Terms and Conditions of Sale carefully as they tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. By placing an order through our site, you confirm that you have read, understood and agree to these Terms and Conditions of Sale in their entirety. If you do not agree to these Terms and Conditions of Sale, you must not order any product through our site.
1. Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us.
2. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. Our website is solely for the promotion of our products worldwide, excluding North and South America (Serviced Countries). Unfortunately, we do not accept orders from addresses outside the Serviced Countries.
4. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limited on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
1. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
2. The packaging of the product may vary from that shown on images on our website.
1. The price of the product (which includes VAT and excludes delivery unless stated otherwise) will be the price indicated on the order pages in UK Pounds Sterling (£), the European Union (€), or USD ($) when you placed your order. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the product you order.
2. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
4. During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed. Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy.
5. We accept payment with Visa and Mastercard. All card payments are subject to authorisation by your card issuer. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
6. You own a product once we have received payment in full.
1. The costs of delivery will be as displayed to you on our website. We offer delivery services to the Serviced Countries. For delivery outside of the Serviced Countries please contact us for more information.
2. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
3. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4. All risk in the products you order shall pass to you and will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
5. You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt of delivery, must inform us (by post, phone or e-mail) within 14 days. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
1. If you order products from our site for delivery outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
2. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
3. It will be your sole responsibility to comply with all applicable laws and regulations for the country which the products are destined. We will not be liable or responsible if you break any such law.
1. You have a legal right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time up to 14 calendar days after the day on which you receive the products you ordered. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
2. To cancel the contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact us.
3. If you cancel the contract before you receive the products we will: (a) refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; (b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and (c) make any refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
4. If a product has been delivered to you before you decide to cancel your contract: (a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract; and (b) unless the product is faulty or not as described, you will be responsible for the cost of returning the Products to us.
5. If you have returned the products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the product we may refund you in vouchers.
7. We are under a legal duty to supply products that are in conformity with this contract. You have legal rights as a consumer in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
1. Our goodwill refund or exchange policy (where there is no legal right to a refund or exchange under the Consumer Contracts Regulations or otherwise) is offered on products when they are returned in a resalable condition with a receipt or parcel summary document within 28 days of purchase.
2. Our goodwill refund policy does not affect your legal rights under the Consumer Contracts Regulations 2013.
1. If we fail to comply with these Terms and Conditions of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
2. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. There are certain liabilities which we cannot exclude by law and nothing in these Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence or fraud.
1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 10.1 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing the receipt or delivery note of the goods.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
4. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
6. These terms are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.