Privacy
Policy
We
do not collect or store any
credit
card information
or
financial details
on
this website. We do collect your name and email solely
for the purposes of sending email newsletters.
Terms and Conditions
Black
Cat Craft Ltd is the Ltd company behind Thyme
Graphics.
You are asked to agree to these terms and conditions
before ordering Products from this Site.
Please read them carefully.
If you do not agree to them, do not order any Products
from this site.
Please note that you may only purchase Products from this
site if you are over 18.
(1) Definitions and interpretation
In this Agreement “we” means Thyme Graphics (and
“us” and “our” shall be construed accordingly); and “you”
means the relevant customer or potential customer as the
case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms
set out in our Second Acknowledgement;
“First Acknowledgement” means the initial automatic email
acknowledgment which we will send to you after receiving
your Order;
“Order” means your order for Products made via the Site;
“Products” means goods which may be purchased by you from
the Site;
“Second Acknowledgement” means the email acknowledgment
which we will send to you (where appropriate) confirming
acceptance of your Order;
and “Site” means the website at www.thymegraphics.co.uk or
any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an
“invitation to treat”; and your Order for Products
constitutes a contractual offer. No contract comes into
force between you and us unless and until we accept your
Order.
In order to enter into this Agreement with us, you will
need to take the following steps:
(i)you must add any the Products you wish to purchase to
your shopping cart, and then proceed to the checkout;
(ii) you must confirm your Order and consent to the terms
of this Agreement;
(iii) you will be transferred to our secure payment page
where your payment will be handled
(iv) we will then send you an Acknowledgment; and
(v) once we have checked whether we are able to meet your
Order, this Agreement will become a binding contract or we
will confirm by email that we are unable to meet your
Order.
Please note that we will not file a copy of this
Agreement. We may update the version of this Agreement on
the Site from time to time, and we do not guarantee that
the version you have agreed to will remain accessible. We
therefore recommend that you download, print and retain a
copy of this Agreement for your records. The only language
in which we offer this Agreement is English.
(3) Price and payment
Prices for Products are quoted on the Site. The Site
contains a large number of Products and it is always
possible that some of the Products listed on the Site may
be incorrectly priced. We will verify prices as part of
our sale procedures so that a Product's correct price will
be stated in the Acknowledgement.
In addition to the price of the Products, you may have to
pay a delivery charge, which will be as stated when you
pay for the Product.
Payment must be made by the date(s) set out in the
Acknowledgement.
We may withhold the Products and/or terminate this
Agreement if the price is not received from you in full,
on time, in cleared funds.
The prices on the Site include any value added or sales
taxes (where applicable).
Payment for all Products must be made by credit card,
debit card, cheque, paypal OR any method detailed on the
Site from time to time.
Prices for Products are liable to change at any time, but
changes will not affect Agreements which have come into
force.
(4) Delivery
We will arrange for the Products to be delivered to the
address for delivery indicated in your Order.
We will use reasonable endeavours to deliver Products
within 21 days of receipt of payment. However, we cannot
guarantee delivery by the relevant date. We do however
guarantee that unless there are exceptional circumstances
all deliveries of Products will be dispatched within 30
days of the later of receipt of payment and the date of
our Second Acknowledgement.
(5) Risk and title
The Products will be at your risk from the time of
delivery.
Ownership of the Products will only pass to you after we
receive full payment of all sums due in respect of the
Products (including delivery charges).
(6) Defective Products
You may cancel this Agreement if the Products supplied are
defective, you must report this defect to us within seven
working days of receipt of goods.
Products returned by you because of a defect will be
replaced or repaired at our discretion.
Cutters returned for repair or replacement in the first 90
days after purchase will be collected and returned to you
at our cost if you are within the UK Mainland. Outside the
UK Mainland we will pay only the costs which would have
been applied if you were within the UK Mainland,
additional charges will be the responsibility of you the
customer. After 90 days from purchase you are responsible
for carriage charges.
(8) Refunds
You may cancel this Agreement at any time within 7 working
days after the day you received the Products (subject to
the limitations set out below).
You will not have any such right insofar as this Agreement
relates to:
(i) the supply of any Products which constitute audio or
video recordings or computer software which has been used
by you;
(ii) the supply of Products the price of which is
dependent upon fluctuations in financial markets which we
cannot control.
If you cancel this Agreement on this basis, you must
inform us in writing and return the Products to us
immediately, in the same condition in which you received
them.
Products returned by you within the 7 working day period
referred to above will be refunded in full (including the
cost of sending the Products to you if you are within the
UK Mainland. Outside the UK Mainland we will pay only the
costs which would have been applied if you were within the
UK Mainland, additional charges will be the responsibility
of you the customer).
However, you will be responsible for paying the cost of
returning the Product to us.
If you cancel this Agreement on this basis and you do not
return to the Products to us, we may recover the Products
and charge you for the costs we incur in doing so.
Similarly, if you return the Products at our expense, we
may pass that expense on to you.
If you cancel this Agreement and are entitled to a refund,
we will usually refund any money received from you using
the same method originally used by you to pay for your
purchase. We will process the refund due to you as soon as
possible and, in any event, within 30 days of the day we
received your notice of cancellation.
(iv) products returned by prior agreement with us as
unwanted goods (which conform to Contract and after the 7
working days period has expired) will incur a 15%
restocking fee and must be returned in their original
packaging and in as new condition.
(8)Support
We will endeavour to offer you full after sales support
with your purchase.
Please note that repeated requests for support on the same
issue will incur a charge of £25 per hour
(9) Warranties
We warrant to you that any Product you purchase through
the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and
capacity to enter into this Agreement and that all
necessary actions have been taken to enable you to
lawfully enter into this Agreement; you are legally
capable of entering into binding contracts;
you are at least 18 years old; the information provided in
the Order is accurate; and you will be able to accept
delivery of the Products as contemplated in this
Agreement.
Subject to the warranties set out in above, to the maximum
extent permitted by applicable law we disclaim all
warranties with respect to the Products, whether express
or implied.
(10) Limitations of liability
Nothing in this Agreement shall limit or exclude your or
our liability for:
(i) death or personal injury caused by negligence;
(ii) under section 12 of the Sale of Goods Act 1979,
section 2 of the Supply of Goods and Services Act 1982, or
section 2(3) of the Consumer Protection Act 1987;
(iii) for fraud or fraudulent misrepresentation; or
(iv) for any matter for which it would be illegal for to
limit or exclude, or attempt to limit or exclude,
liability.
Subject to this:
(i) our liability in connection with any Product purchased
through our site is strictly limited to the higher of the
purchase price of the relevant Product and the replacement
cost of the relevant Product;
(ii) 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; and
(iii) we will not be liable or responsible for any failure
to perform, or delay in performance of, any of our
obligations under this Agreement caused by events outside
our reasonable control.
(11) General terms
Images of Products on the Site are for illustrative
purposes; actual Products may differ from such images.
We will treat all your personal information that we
collect in connection with your Order in accordance with
the terms of our Privacy Policy; use of our website will
be subject to our Website Terms and Conditions
This Agreement may only be varied by an instrument in
writing signed by both you and us.
We may revise these terms from time-to-time, but such
revisions will not affect the terms of any Agreement which
we have entered into with you.
If any provision of this Agreement is held invalid or
unenforceable by a court of competent jurisdiction, the
remaining provisions of this Agreement shall remain in
full force and effect, and such invalid or unenforceable
provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this
Agreement, whether by conduct or otherwise, in any one or
more instances, will be deemed to be, or be construed as,
a further or continuing waiver of that term, provision or
condition or any other term, provision or condition of
this Agreement.
You may not assign, charge, sub-contract or otherwise
transfer this Agreement, or any of your rights or
obligations arising under this Agreement. Any attempt by
you to do so shall be null and void.
We may assign, charge, sub-contract or otherwise transfer
this Agreement, or any of our rights or obligations
arising under this Agreement, at any time - providing such
action does not serve to reduce the guarantees benefiting
you under this Agreement.
This Agreement is made for the benefit of the parties to
it and is not intended to benefit, or be enforceable by,
any other person.
The right of the parties to terminate, rescind, or agree
any amendment, variation, waiver or settlement under this
Agreement is not subject to the consent of any person who
is not a party to this Agreement.
This Agreement contains the complete agreement between the
parties with respect to the subject matter hereof, and
supersedes all prior or contemporaneous agreements or
understandings, whether oral or written.
This Agreement will be governed by and interpreted in
accordance with the laws of the England, and the English
courts shall have exclusive jurisdiction with respect to
any dispute arising under this Agreement.
These terms are based on a template created and
distributed by www.website-law.co.uk
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