Terms & Conditions Updated 1st September 2008This website is operated by JemCraft Memories. As user of this website you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions below. 1. We reserve the right to change these terms and conditions at any time. Any changes will take effect when posted on the website (see date at the top). It is your responsibility, as a user of this website, to read the terms and conditions on each occasion you visit this website to check for any updates. Your continued use of the website signifies your acceptance to be bound by the latest terms and conditions. 2.Some areas of the website will require registration and subsequent access to those services will be subject to a login and password. Information that you provide on this website must be accurate and complete. Your Login and Password are exclusive to you, are non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Login or Password or become aware of any misuse then you must inform us immediately. 3.All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. The confirmation page sets out the final details of your order. Following this, you may receive an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from JemCraft Memories. Details of any previous orders can be accessed via logging into My Account. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. 4.Delivery charges and timescales are detailed in Shipping & Returns and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. JemCraft Memories will be under no liability for any delay or failure to deliver the products within estimated timescales. 5.Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by Royal Mail. 6.Payment is taken at the time we receive your order. All goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this and a full refund of the unavailable goods will be given where you have already paid for those goods. 7.While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of continuing with your order with the products at the correct price or cancelling either the affected product or the whole order. If we are unable to contact you we will process the order minus the affected item(s). If you cancel and you have already paid for the goods, you will receive a full refund. 8.Payment can be made by any method detailed below under the heading PAYMENT FOR UK ORDERS. 9.Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. 10.All prices are shown in #s sterling and exclude delivery charges, unless stated otherwise. 11.For details of Returns and refunds, please see below under the heading RETURNS POLICY. In the unlikely event that you receive faulty or damaged goods, please refer to the RETURNS POLICY below. 12.Sometimes the product specifications from the manufacturer change, in this case we will inform you as soon as possible and give you the option of continuing with your order with the ammended products or cancelling either the ammended product or the whole order. If we are unable to contact you we will process the order minus the ammeded item(s). If you cancel and you have already paid for the goods, you will receive a full refund. 13.All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. 14.You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 15.JemCraft Memories will use reasonable endeavours to verify the accuracy of any information on this website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. JemCraft Memories will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and JemCraft Memories accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. 16.JemCraft Memories will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or
special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. 17.Notwithstanding the above, JemCraft Memories aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident. 18.This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. 18.We will take all reasonable precautions to keep the details of your ordersecure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 19.The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract. 20.We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition. 21.JemCraft Memories shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control. 22.To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. 23.You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by JemCraft Memories. 24.JemCraft Memories reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. 25.If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. 26.These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except: a person who is a permitted successor of the rights or benefits of these terms and conditions may enforce such rights or benefits. No consent from the persons is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties). 27.No delay or failure by JemCraft Memories to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of JemCraft Memories. 28.These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and JemCraft Memories relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and JemCraft Memories for your use of this website. The JemCraft Memories website is operated by: JemCraft Memories, 4 Leviathan Close, Stubbington,Fareham, Hampshire, PO14 2SF. PAYMENT FOR UK ORDERS We accept the following types of payment from UK customers. Credit or Debit Card via Paypal - You can now pay with any major Credit or Debit card via Paypal, without having to create a paypal account. If you have an existing paypal account, simply follow the instructions to make your payment in the usual way. If you do not have a paypal account, but would like to use this payment option, please select Paypal and follow the instructions to set up an account with Paypal. Credit or Debit Card Via NoChex - If you have a current NoChex account, simply follow the instructions and pay in the normal way. If you do not have a NoChex account, but would like to use this payment option, please select NoChex and follow the instructions to set up an account with NoChex. Cheque or Postal Order - If you would like to pay via Cheque or Postal order, please select Cheque/Postal Order on the payment methods screen and ensure that your Cheque or Postal Orders for the full amount are sent to: JemCraft Memories 4 Leviathan Close Stubbington
Fareham Hampshire PO14 2SF
Cheques should be made payable to: JemCraft Memories INTERNATIONAL PAYMENT We accept Paypal and Nochex as payment for International orders. All payments must be in GBP. We cannot accept cheques and Money orders for International orders. RETURNS POLICY PLEASE ENSURE THAT YOU CONTACT US FIRST BEFORE RETURNING ANY PRODUCTS.If you are unhappy with your order, please contact us and we will do our very best to rectify the situation. If your product turns out to be faulty, we will happily exchange it or refund your money, once we have received the faulty/damaged product back and examined the fault/damage. If you have simply changed your mind about a product that you have received, as long as we receive the product back in resaleable condition, we will refund the purchase price, less 25% restocking fee. All products must be returned in their original packaging to obtain refunds. PLEASE NOTE - WE ARE UNABLE TO COVER THE COST OF RETURNING ANY ITEMS TO US, FAULTY OR OTHERWISE. FAQs Q. Why will your website not accept my Date of Birth? A. Your Date of Birth must be entered in the numerical format MM/DD/YYYY. M=Month D=Day Y=Year. For example, if your birthday was the 26th April 1967, you would need to enter 04/26/1967 . Q. Why do you need my date of birth? A. We sell Heat Tools and Knives that cannot be sold to minors. By requiring everyone to enter their date of birth, we can try to ensure that this does not happen. Q. How long will my order take to get to me? A. We aim to have your order Picked and Packed (selected from our warehouse and packaged up ready for shipping) the same day your order it. If you place your order before 3.30pm, live in the UK and pay via Paypal or Nochex, we can usually dispatch it the same day. If you order is placed after 3.30pm, you live in the UK and you pay via Paypal or NoChex, it will be dispatched the following day. Your order should reach you within 1-5 days of placing your order. If your order is placed on a Friday, Saturday, Sunday or Bank Holiday, your order will not be dispatched until the next possible working day. PLEASE NOTE - If you are paying via Cheque, your order will be dispatched once your cheque has cleared which takes 5-7 WORKING DAYS. If you are paying via Postal Order, your parcel will be dispatched on reciept of the Postal Orders. If you live outside the UK or are BFPO, your order will be dispatched once you have paid the relevant postage costs. Q. I saw a product on the website, but now it has gone. Does this mean that you no longer stock it? A. If the product was in our clearance section, then it is more than likely we will no longer stock it. If the product was in our main catalogue, then it usually means that it is currently out of stock. We are working hard to ensure that all products stay viable, whether out of stock or not, however they maybe some that slip through the net! Please e-mail us for clarification, we are here to help you after all. Q. In my shopping basket the drop down box for Quantity only goes up to 3 but I would like 5. A. The drop down box will only drop down to the number of that product we actually have in stock. Q. If a product says IN STOCK on the website does that mean it is definately instock? A. Usually Yes. However occasionally some items may not be on the shelves when we come to Pick and Pack them. This is because we also sell at craft shows and craft parties, where it is not possible to remove the stock being sold immeadiately at the time of sale. Q. How do you refund out of stock items? A. Refunds are issued via a cheque in your parcel. However, if the refund amount is under #2.00, we will occasioanlly put well concealed cash in your parcel. Q. Can I cancel my order once it has been placed? A. Yes. You have up to 7 days from your the date your order was placed to cancel your order. If your parcel has already been dispatched, you will need to return the items back to us in their original packaging, in order to receive a refund. Q. If I am likely to be out when the parcel is delivered, can I give you instructions on where to leave it? A. NO! We do understand that it may be inconvienet for you to have to pick up your parcel from the sorting office on the occacions where you are not in to recive it, however as we use Royal Mail as our distributor, we cannot pass these intructions onto the person who actually delivers your mail.
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