Terms and Conditions

1. Definitions

In these Terms & Conditions:

“Creative Craving”, “we”, “our” and “us” means Creative Craving Ltd and “you” and “your” means the person, persons or entity using the Creative Craving Website.

“Creation” and “Creations” means products that has been personalised by the addition of images and/or text.

Creative Craving Ltd is a company registered in England and Wales. Company Number 5886833. VAT Number GB 886 7958 33. Data Protection Number Z9791775. Registered office: 4b Shenley Road, Borehamwood, Herts, WD6 1DL, United Kingdom.

2. Website Use

2.1 By accessing or using any part of our Website you agree to be bound by these Terms and Conditions. If you do not wish to be bound by these Conditions, you must leave this Website immediately.

2.2 The following uses of the Creative Craving Website are prohibited:

(a) using the Website for any purpose which is unlawful in the United Kingdom and, if the Website is accessed from outside the United Kingdom for any purpose which is unlawful in the jurisdiction from which such access is made

(b) using the Website for any purpose that is: harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or is (in Creative Craving’s reasonable opinion) otherwise objectionable

(d) using the Website with the primary purpose of creating, verifying, updating or amending your own databases, records, directories, customer lists or mailing lists or those of a third party

(e) tampering with, reverse engineering, decompiling or modifying any part of the Creative Craving Website

(f) using the Website in a manner which impairs its operation

(g) using the Website to run viruses or any other programs or technology designed to disrupt or damage our Website or any hardware used to run the Website

(h) using the Website in such a manner that imposes an unreasonable or disproportionably large burden on Creative Craving’s infrastructure, as determined by Creative Craving in its sole discretion

(i) using any automated means (including, without limitation, agents, robots, scripts, or spiders) to monitor or copy the Website or its content except in the operation or use of an internet "search engine", hit counters or similar technology, or bypass Creative Craving tools or services or to interfere or attempt to interfere with the proper working of the Website.

2.3 We may modify the layout and content of our Website or any products or services offered by this Website at any time.

2.4 Creative Craving may terminate or suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.

2.5 You are advised to keep backups of all material provided to us. In particular, it is up to you to keep copies of images you have uploaded. Creative Craving will not be responsible for maintaining backups of your work or for loss of, deletion or corruption of any images or any other material.

3. General Conditions

3.1 Ordering from this Website is limited to those with a UK address only; PO Boxes can only be used for deliveries.

3.2 Your contract, made through the creativecraving.co.uk website, is with Creative Craving Ltd.

3.3 It remains a Shopkeeper’s responsibility to abide by Creative Craving’s Terms and Conditions; any breach thereof shall not result in any liability of Creative Craving towards you.

3.4 Creations must not contain any text or images that are pornographic, obscene, defamatory, designed to incite or contravene any Act of Parliament.

3.5 We may, at our discretion, contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the Website including, but not limited to, the uploading of any images in contravention of clause 3.4. We may provide copies of any relevant images or material to the law enforcement authorities and in that regard may also give them access to any personal data that is held by us about you.

3.6 Creative Craving reserves the right, at its sole discretion, to close a Shop and/or terminate an account.

3.7 You may terminate your account and/or close your Shop by contacting us via email (general@creativecraving.co.uk). We may require you to provide further proof that you are the account holder. Your account and/or Shop will be terminated within a reasonable time frame following receipt of your email request.

4. Intellectual Property Rights

4.1 When you design a Creation, using an uploaded image or by any other means (such as text), you legally indemnify Creative Craving against the Creation violating any original author, brand or copyright or any third party rights. Any breaches of use are your full responsibility. You will be liable for any and all Creative Craving’s legal defence fees and any damages that may be awarded as a result. Creative Craving Ltd retains the right to immediately delete all content (photos, logos, text, etc) that may infringe the intellectual property rights of an original author, brand or copyright. You will then have to produce evidence of rights or rights to use the copyright, for every such Creation.

4.2 All your Creations and designs remain your property provided that you conform to the Terms herein, but you agree to provide Creative Craving and its affiliates with a royalty-free, worldwide, transferable, non-exclusive, right of use for the purposes of production and also for promotion, listing and display of Public Shops on your behalf and for the benefit of the Creative Craving Website as a whole.

4.3 Creative Craving Ltd offers an automated web-based service for the production and sales of personalised articles and although their Terms and Conditions prohibit offering, using or selling any items which infringe any third party rights, they cannot guarantee that such rights are never infringed. Accordingly Creative Craving Ltd asks all rightful owners that allege any intellectual property rights infringement, to let us know immediately by contacting general@creativecraving.co.uk

5. Order Contract

5.1 Creative Craving must receive payment of the full amount for the goods and relevant delivery charges before your order can be processed. Payment is by credit / debit card only. Creative Craving reserves the right to use third parties to handle the transfer of such payments. Once payment has been received Creative Craving will confirm your order by sending you an email to the email address you provided.

5.2 It is not possible for Creative Craving in providing the Website, to check all Creations for errors or breaches of third party rights. Creative Craving reserves the right to refuse any order, including, but not exclusively, if it may infringe any third party rights, at its sole discretion and even after acceptance, and refund any monies paid.

6. Prices

6.1 Creative Craving tries to reflect the most accurate information on prices at all times.

6.2 All prices are displayed in pounds (£) sterling.

6.3 Our commitment is to ensure that once goods have been ordered the price quoted remains the same if at all possible. However, price and availability status are subject to change without notice.

6.4 We are entitled to withdraw from the contract in the case of obvious errors or inaccuracies regarding the goods appearing on our Website. If we have to increase the price for any reason, we will inform you of the correct price and give you an opportunity to cancel your order.

6.5 You will be required to pay extra for delivery, the amount being displayed on the Website at the time of purchase.

7. Delivery

7.1 Creative Craving will deliver the goods ordered by you to the address given for delivery at the time you made your order.

7.2 Creative Craving will not be held responsible for any delays that occur in delivering your order as a result of any event or circumstance that is beyond its reasonable control.

7.3 Once goods have been delivered to you they will be held at your own risk and Creative Craving will not be liable for their loss or destruction.

7.4 Creative Craving will deliver goods to addresses in the UK only. It might not be possible for us to deliver to some locations.

8. Orders

8.1 If we are unable to fulfil your order, we will notify you by email at the email address given by you and refund any monies paid.

8.2 In the event that Creative Craving is unable to deliver goods exactly as described it reserves the right to supply goods subject to minor variations but which are reasonably similar and of equal quality. Please be aware that screenshot images may not exactly represent real life goods.

9. Order Cancellation

You may cancel your order via the Creative Craving Website, and receive a full refund, up until the time that the order is processed by us and is updated to “Pending” status. Should the order have already been processed the conditions in the paragraph “Returns Policy” will apply.

10. Returns Policy

10.1 If any part of your order arrives damaged or was not correctly supplied, you must inform us immediately and within 7 days, by email (general@creativecraving.co.uk). You will receive a returns authorisation from us, which will provide you with detailed instructions of what to do to have your goods replaced.

10.2 If your order arrives with goods omitted you must inform us immediately by email (general@creativecraving.co.uk) and the omitted goods will be delivered free of charge.

10.3 If your order arrives and any part of it has been incorrectly ordered, that is you have made a mistake in the goods you have ordered, or you decide that you don’t want the goods, we are unfortunately unable to accept returns as the goods have been personalised and produced especially for your order.

10.4 This does not affect your statutory rights.

11. Setting up a Shop

11.1 This Website is limited to those with a UK address only; PO Boxes can only be used for deliveries.

11.2 You must be 18 years old or over.

11.3 Companies must be UK registered.

11.4 You must have a UK Bank account. You are responsible for entering your details correctly.

11.5 Shop names, logos, “welcome” and “about us” text must not contain any text or images that are pornographic, obscene, defamatory, designed to incite or contravene any Act of Parliament or a 3rd party trademark.

11.6 Creative Craving relies on the UK Banking system to transfer funds and cannot be held responsible for any delays that may occur.

11.7 You should seek your own tax advice as commissions / earnings from this Website may need to be declared to the relevant tax authorities.

11.8 Although you may contact your customers about a specific purchase or more widely if the “Shopkeeper Contact” preference is “yes”, it remains strictly forbidden to pass on such information, spam or send 3rd party advertising as you agree to be bound by the Terms as set out in our Privacy Policy. Ignoring customer requests to stop or abuse of these terms will be taken very seriously.

12. Privacy Policy

Creative Craving recognises your concern regarding privacy of information. All information you give to Creative Craving is stored securely. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.

We collect information about you for two reasons: firstly, to process your order and secondly, to provide you with the best possible service. Creative Craving uses cookies to store some information on your computer when you visit our Website. The Website will not function properly if you disable cookies. These cookies store your email address, if you ticked “Remember me”, so that you do not need to enter it again and logs your session, providing an improved service for you. We do not use this information for marketing purposes.

We do not sell or provide any of your data to third parties except to our trusted affiliates for the purposes of processing or production of your order. In order to process your payment we may provide financial information to our account processors (including Banks and such organisations).

We will not pass your information to any of our other third parties, for other purposes, unless you have given us your consent. In addition, you may notify us if you no longer wish to receive any further marketing information from us.

If you purchase through our Marketplace or one of our Shops only your name, email address and product purchased will be passed to the Shopkeeper to offer the best and personal service. Your address, debit / credit card details and information regarding other items you may have purchased in the same order from another Shop, are not divulged. Shopkeepers agree to be bound by these same privacy Terms.

If you purchase through our Designer Tool located on a third party website your name, email address, communication preferences, date of birth and details of the products purchased will be passed to the third party to offer the best and personal service. Your debit / credit card details are not divulged. Third party websites who use our Designer Tool agree to be bound by these same privacy Terms.

We will endeavour to ensure the information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. A small fee will be charged. If you find any inaccuracies we will delete or correct them promptly.

If you have any questions / comments about privacy, you should email us at general@creativecraving.co.uk.

13. Copyright

13.1 All Website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code and all other materials on this Website are copyright to Creative Craving and its affiliates, or Creative Craving content and technology providers.

13.2 Permission is granted by Creative Craving to electronically copy and to print in hard copy portions of this Website for the sole purpose of placing an order with Creative Craving or using this Website as a shopping resource or to promote your own Shop. Any other use of materials on this Website including reproduction for purposes other than those noted above, modification, distribution or republication without the prior written consent of Creative Craving is strictly prohibited.

14. Trademarks

All product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.

15. Hyperlinks

Some hyperlinks on our Site connect you to sites of other organisations, which are not our responsibility. We have used our reasonable endeavours in preparing our own Website and the information in it is included in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no link from our Website to the websites of any third party organisation, company or individual should be taken to imply any approval or warranty by Creative Craving as to the standing and capability of those organisations, companies or individuals.

16. Security

16.1 Creative Craving uses industry standard Secure Socket Layer (SSL) 128-bit encryption to ensure the highest security for personal details submitted to us over the internet. We treat information passed between your computer and our Website with high regard and try our best to ensure that, in the unlikely event that someone else intercepts it, it cannot be read.

16.2 In this regard you must keep your account password confidential as Creative Craving can accept no liability from the resultant of unauthorised access.

17. Disclaimer and Limitation of Liability

If we are unable to supply the goods you want for any reason, or if the goods you receive are damaged or incorrect, our only obligation to you is to replace the goods within a reasonable time or refund your money to you. We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

To the fullest extent permitted at law, Creative Craving is providing this Website and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this Website or its contents, including, without limitation, warranties of satisfactory quality and fitness for a particular purpose. In addition, Creative Craving does not represent or warrant that the information accessible via this Website is accurate, complete, current, and free of viruses or other harmful components. Price and availability information is subject to change without notice.

Except as specifically stated above, to the fullest extent permitted at law, neither Creative Craving nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of or inability to use this Website or any damages resulting from any goods purchased or obtained. This limitation of liability applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

18. Force Majeure

Creative Craving shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance that is beyond its reasonable control.

19. Alterations

19.1 We may change these Terms and Conditions at any time and without notice.

19.2 You must check these Conditions from time to time for any changes. By continuing to use the Website you are deemed to have agreed to all updates to these Terms and Conditions.

19.3 If any part of these Terms & Conditions shall be held invalid or unenforceable this shall not affect the status of any of the remaining conditions, which shall continue in full force and effect.

20. Jurisdiction and Governing Law

Your use of this Website and any purchase by you on this Website of any products will be governed by English law and will be deemed to have occurred in the United Kingdom.

August 2008