1. The Agreement between us
1.1 We, Well For Instance Limited will sell and you, the Customer, shall purchase the Products (defined below). These Conditions are intended to set out the agreement between us.
1.2 "The Products" means the bespoke Christmas cards, Wedding Invites, images available for electronic distribution and any other product or service displayed on the website which we agree to supply to you based on your submitted details (subject to clause 2 below).
1.3 It is your responsibility to read these Conditions carefully and raise any problems with us before you place an order.
1.4 You shall fully indemnify us from and against all and any claims, damages, loss (whether direct or indirect and including without limitation, loss of profit, loss of anticipated profit or any loss of contract, loss of business opportunity, economic loss or other), costs and expenses (including without limitation, legal expenses) and all and any liabilities howsoever arising out of or in connection with any breach of provisions of this Agreement by you, the Customer.
1.5 It is your responsibility to ensure that you have permission to send and use the photos we caricature and create the bespoke card image from.
1.6 You will receive the following e-mail communications during the website based ordering process:
1.6.1 Order Summary : having reached step 6 of the website ordering process [the summary] an e-mail is automatically generated which sets out your order details (card selected, number of caricatures, greeting message, price including delivery if applicable).
1.6.2 Payment Confirmation: once you have completed the payment transaction via Paypal then a payment confirmation e-mail is dispatched.
1.6.3 Order Confirmation : we will issue a final e-mail confirmation once payment has been made and we are satisfied that the order does not breach our acceptance criteria (see clause 2 below). The order confirmation will be in the form of a receipt clearly setting out the order details and the amount paid. No order submitted to us shall be deemed to be accepted by us unless and until confirmed by our authorised representative via the Order Confirmation e-mail.
1.7 It is your responsibility to check that your order is accurate and to give us all the information we need to complete the order. We will let you know what, if any, information we do need. Proofs will be provided to you for checking print details prior to printing your Products. The proofs will be issued as JPEG image attachments to an e-mail.
1.8 Once the proofs are approved, any typographical errors noticed following proof approval are your responsibility. Proof approval should be made via e-mail. You have 5 working days to approve the proofs; failure to meet this deadline could result in delays to the delivery time set out in clause 5 below.
1.9 It is your responsibility to be familiar with the style of personalisation and caricature we offer. Examples of our work are given in the Rogues Gallery section of our website. In special circumstances we may elect to alter the image submitted for proofing although this should not be deemed your right.
2. Non-acceptance of an order
2.1 We will not print personalised messages that we deem offensive or likely to cause offence (for example swear words).
2.2 Printed cards can only be delivered within the United Kingdom. Orders received for printed cards requiring overseas delivery will not be completed and we will refund you in full subject to clause 6.4 below.
3. Price of the Products
3.1 The price of the Products will be calculated, in pounds sterling, when you complete your order form and will be redisplayed on the order summary before payment is taken on behalf of Well for Instance by Paypal.
3.2 Subject to our obligation to supply Products at the price stated in accepted orders, we reserve the right to increase the list prices of the Products at any time.
4. Payment
4.1 Payment is made by credit or debit card via the Paypal website only.
5. Delivery
5.1 The Products will be despatched to you within fifteen working days of our Order Confirmation e-mail to you accepting your order, and despatch will be by post or delivery service to the address you stipulate in your order. You should allow at least 2 to 3 working days for delivery within the United Kingdom following despatch.
5.2 If in the case of unforeseen circumstances beyond our reasonable control, we are not able to despatch your order within fifteen working days, we will contact you and you may cancel your order.
6. Our Responsibility
6.1 We will make every effort to ensure that the Products which we supply to you will be of satisfactory quality. If, once you have examined the Products, you discover a defect in the quality of the Products you must tell us as soon as possible after discovering the defect.
6.2 If you notify us of a defect in the quality of the Products and as a result of the defect, those Products are not of satisfactory quality, we will replace the Products free of charge or, if you prefer, you can return the Products to us and we will refund to you the price which you have paid us for those Products. Please contact us on 0845 275 1010 (10am - 5pm, Monday to Friday) to arrange for replacement or refund of damaged goods. When making telephone enquiries about refunds, it would be helpful if you could have the following details to hand: Customer name, Order number, Date of the order.
6.3 If your order breaches our acceptance criteria set out in section 2 above, we will notify you by e-mail and give you the option of altering your order specification. Alternatively you will be entitled to a full refund via a cheque posted out to the delivery address given when ordering, subject to clause 6.4 below.
6.4 Repeated breaches of our acceptance criteria may result in us withholding part [upto 3.5%] of the refund amount. This amount will equate to the non-refundable fees paid by us to Paypal.
6.5 Your statutory rights are not affected by anything in these Conditions.
7. Your Right to Cancel Christmas Cards, Wedding Invitations and other products
7.1 If you wish to cancel an order for Christmas cards or Wedding Invitations which are to be personalised with your own details, you must inform us immediately to enable us to stop the personalisation process.
7.2 We will then take all necessary steps to minimise any financial liability on your part, but must emphasise that, once the personalisation process has started, you will be liable to pay in full for any part of your order which has been personalised prior to your cancellation, and any reasonable administrative or delivery costs incurred by us as a result of your cancellation.
8 Things You Should Know
8.1 Well For Instance Limited is a limited company incorporated under the laws of England and Wales. Its registered address: 20A Mattock Lane, London. W5 5BH.
8.2 If, for some reason which is beyond either of our control, either of us are unable to comply with these Conditions, that party will not be liable to the other or be deemed to be in breach of the agreement between us. Such reasons shall include, but not be limited to, war, riots, fire, explosion, flood, insurrection, embargo, industrial action, shortage of transport, general shortage of material and acts or omissions of governments.
8.3 If on any occasion either of us agrees to take no action against the other even after the other has failed to comply with these Conditions, that party should not assume that the other will do the same on another occasion.
8.4 If it becomes necessary for a court to enforce these Conditions and any one of these Conditions is found to be invalid or unenforceable this will not affect the remainder of the agreement between us.
8.5 Where there is a reference in these Conditions to "working days" this shall mean Monday to Friday inclusive but excluding any statutory or bank holiday in England.
8.6 These Conditions and the agreement between us are subject to English law and the exclusive jurisdiction of the English courts, although if it becomes necessary for us to enforce any of our rights under these Conditions against you, we may do so in any relevant and competent court.
9. Privacy Notice
9.1 We will treat all your personal information as confidential and will fully comply with all applicable UK Data Protection and consumer legislation. Your credit card details are only requested after you have been moved to the secure, Paypal server. We do not have access to your credit card details.
9.2 When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, delivery address, telephone number, and product selections.
9.3 We use your information only for the following purposes:
a) Processing your orders
b) To notify you of products or special offers that may be of interest to you.
9.4 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
9.5 We will not release your Personal Information to any external company or organisation for mailing, marketing, or any other purposes.
9.6 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information we are entitled do so.
