Terms and Conditions

December 1, 2012

These terms and conditions apply to the use of this website at www.sand-writing.com (the “Website”). By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.

Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

Any reference in these terms and conditions to “we” or “us” refers to the owners of Sand-writing-com.

Our contact details are as follows:

Email: info@sand-writing.com
Telephone number: 01477 668168

Introduction

We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

Ordering from us

You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.
Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

We may refuse to accept an order:
(a) Where goods are not available.
(b) Where we cannot obtain authorisation for your payment.
(c) If there has been a pricing or product description error.
(d) If you do not meet any eligibility criteria set out in our terms and conditions.
(e) If the order is to be delivered outside of the United Kingdom.

Prices and payment

All prices include VAT (where applicable) at the current rates.
Our prices are reviewed periodically.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.

Payment can be made by the credit or debit cards stated or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your goods or provision of the service to you.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

Delivery

We will deliver the products ordered by you to the address which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.
You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the products directly to a friend, a relative, or to your place of work.

Delivery will be made as soon as possible and usually within 6 days of receipt of your order. Our normal working hours are Monday to Friday 9am - 5.30pm. We only process and dispatch orders during these timescales. All delivery and dispatch timescales quoted on the website do not include weekends or bank holidays.
Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.

Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.

If you do not receive products ordered by you within 28 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email at info@sand-writing.com of the problem within 40 days of the date on which you ordered the products.

If you request next day delivery and have not received your items, you must check with your Royal Mail local sorting office even if you have not received notification from your postman that they are holding items for you.
In the event that we produce an item for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100 per cent of the sales price.
We reserve the right to wait up to 10 working days from the date of dispatch before taking further action regarding an undelivered item.

We can deliver outside the UK, contact us for a delivery quote.

Orders with a delivery address outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Please note that when shipping goods from outside of the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.

Next Day Delivery

Next day delivery is available Monday to Friday, except bank holidays.
(a) From Monday to Friday, orders must be placed by the specified cut off period to ensure delivery the next day, any orders placed after the specified time will be dispatched the following day.
(b) Orders placed on a Friday before the specified last order time will be delivered on the following Monday.
(c) Orders placed on a Saturday/Sunday will be delivered on the following Tuesday.
(d) Unfortunately we can not deliver on a bank holiday. In this instance, please expect your delivery on the next working day.

(e) We cannot give a specific delivery time.

(f) A signature may be required on receipt.
(g) If you are not around to accept your parcel, the carrier may leave it with a neighbour, or in a safe place, if they think it is safe to do so. A calling card will be posted through your door to let you know this has been done.
(h) If the parcel can't be left in a safe place or with a neighbour, the carrier will take it back to the local depot, and leave you a card telling you how you can pick it up.

Next Day Delivery to the following areas will take up to 2 working days:
GY1 Herm only (Channel Islands)
GY9 Sark (Channel Islands)
HS2 Lewis
PA61 Colonsay
PA62-75 Mull
PA78 Coll
ZE2-3 Shetlands
 

Next day delivery to the following areas will take up to 3 working days:

KW16-17 Orkney
PH30 Corrour
PH41 Mallaig
PH42 Eigg & Kuck
PH43-44 Rhum & Canna

Please note: we will not be held liable for any late deliveries if delays occur by causes beyond our reasonable control including, without limitation:-
(a) fire
(b) severe weather conditions
(c) industrial dispute
(d) strike or labour disputes

Order Cancellations

If you have to cancel your order after the payment has been made and order confirmed, please contact us as soon as possible. If no work has been started on your canvas print then we are happy to offer a full refund.
Order cancellations must be made in writing to info@sand-writing.com or by calling 01477 668168
As products are custom-made, then if your order has been printed, unfortunately we cannot cancel your order and are unable to offer a refund.

Please note: In order to provide a fast service, the canvas prints are often immediately sent for production. Please check your order on screen and the confirmation email carefully as we cannot refund for products ordered incorrectly or which have the wrong spelling or are the wrong size.

We reserve the right to cancel your order at any time and issue a full refund.
The provisions of this clause do not affect your statutory rights.

Returns and exchange

By the very individual nature of personalised products, they cannot be resold, and therefore we cannot accept returns if you have a change of mind.
If you return an item because of an error on our part, or because it is defective, we will refund the full value of the item and your costs in returning it to us.
You must contact us for a return address by emailing info@sand-writing.com.
If goods are returned within 7 working days of receipt, we will issue a full refund including postage and packaging, or an exchange.
After 7 working days, we will refund the cost of the order minus the postage and packaging charge paid. The costs of returning goods to us shall be borne by you.
The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post.

Your rights to return the goods to us will not apply in the following circumstances:
- Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
- If you have incorrectly ordered, for example, ordered a name with the wrong spelling and it has been sent for production.
- If you have ordered the wrong size and it has been sent for production.
- You have disposed of the item.

The item(s) must be returned in the condition in which you received it within 30 days of delivery.

Please note:
• You have a duty to return the item to us and the cost of doing so is your responsibility

This returns policy does not affect your statutory rights.

Discounts

If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level.
We will not offer a refund for the discount amount on any order which hasn't used the discount code.
Discount codes cannot be used in conjunction with any other offers.
Only one discount code can be used per order.
All standard terms and conditions apply. Offer excludes postage.

I received the wrong item

If the item you received is not what you originally ordered, please contact us at info@sand-writing.com, quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed.

Faulty item

If the item you received is faulty, please contact us at info@sand-writing.com quoting your order number, your name and address, details of the product and the fault. Let us know if you require a refund or a replacement. We will then advise on how to proceed. It must be returned within 30 days of receipt. Refunds cannot be given if the fault is as a result of misuse.

Colour

The colour of the product you receive may not match the colour as displayed by our website on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.

Reviews

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
 

Licence

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in these terms are reserved.

Service Access

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor Material and Conduct

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any material:
(a) - that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
(b) - for which you have not obtained all necessary licences and/or approvals.
(c) - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world.
(d) - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking).

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.

Links to and from other websites

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) - you do not remove, distort or otherwise alter the size or appearance of www.sand-writing.com.
(b) - you do not create a frame or any other browser or border environment around this Website .
(c) - you do not in any way imply that we are endorsing any products or services other than our own.
(d) - you do not misrepresent your relationship with us nor present any other false information about us.
(e) - you do not otherwise use any trade marks displayed on this Website without our express written permission.
(f) - you do not link from a website that is not owned by you.
(g) - your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause at any time and to take any action we deem appropriate.

You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of any clause

Disclaimer

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

Liability

We and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

You agree to indemnify us fully, defend and hold us, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.
If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.

Updated: December 1, 2012

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