Terms & Conditions
These terms of sale apply to all goods ordered through CREATE YOUR OWN
DESIGN whose office is at Unit 10 Phoenix Industrial Estate, Cheetham
Street, Failsworth, Manchester, M35 9DS
When you order and pay online CREATE YOUR OWN DESIGN ensure rapid packaging and delivery to your home.
Any order placed by you for goods advertised on our website is not bound contractually to you, when we have received your order and accepted it (which we may do at our discretion).
We will send you an acknowledgment by e-mail shortly after you place your order notifying you that we have received your instructions.
The contract itself shall become binding after CREATE YOUR OWN DESIGN has accepted your order in written, e-mail or in text form and at the latest stage by delivery of the goods. If goods are out of stock this will be notified in email, and you can email your intent to buy by asking for notification when available on the site. There is no legally binding contract requiring you to purchase should you change your mind. Accepted cancellation of any orders will be actioned via a refund of monies sent.
In the event that, after accepting your order, we discover that the goods are unavailable or that there was a pricing error on our website attaching to those goods, we reserve the right not to supply the goods ordered and instead to offer you a refund or suggest an alternative.
The contract is subject to your right of cancellation up until actual dispatch of goods from our distributor.
We have the right to terminate the contract if the price of the goods is not received in full from you in the form of cleared funds.
CREATE YOUR OWN DESIGN reserves the right to change these terms without notice to you in relation to future sales.
CREATE YOUR OWN DESIGN will do our utmost to ensure that the website transmissions are error-free and that availability will be uninterrupted. This cannot be guaranteed due to the nature of the Internet, or at times when maintenance of the site may be necessary.
CREATE YOUR OWN DESIGN only sell products for purchase by adults. If you are under 18, you may purchase goods only with the involvement of a parent or guardian.
Description and Price of the Goods
The description and price of the goods ordered will be as shown on the website at the time you place your order.
If after acceptance of your order we subsequently discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days, and will inform you as soon as possible in such an event.
If within 14 working days of our acceptance of your order we discover that only some of the goods are unavailable, the following provisions apply:
1. We will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or the part of the order not available to deliver. If you choose not to cancel the products that are unavailable for immediate delivery we will ensure that they are delivered as soon as is possible and will inform you of estimated delivery time by e-mail.
2. If you have not cancelled the order in whole or in part within 2 days of receipt of such notice, we will deliver the available goods in accordance with our delivery terms below. We will refund or re-credit you for any sum that has been paid by you in respect of the unavailable goods or cancelled order part thereof.
CREATE YOUR OWN DESIGN try very hard to ensure that all information on this site is accurate but just occasionally, an error may occur. If we discover an error in either or both of the price or description of a product you have ordered, we will contact you and ask you whether you wish to continue with your order or cancel it.
When you order alternative goods from us following unavailability of some you have ordered or the rare occurrence where goods have been mis-priced, and you subsequently order such goods at the correct price, the latter terms shall apply to the order.
The prices quoted for goods include an additional related delivery charge as clearly displayed on our website, at the point that you place your order.
Payment for the goods including delivery charges can be made by the method shown on the website at the time you place your order, with all monies cleared before the delivery date. Failure to satisfy this condition shall amount to a fundamental term, breach of which will entitle CREATE YOUR OWN DESIGN to terminate the contract immediately.
The goods you order will be delivered to the address you give when you place your order or the e-mail address given when purchasing . Some products have specific shipping rules but all will include a delivery charge as described on the website.
Please confirm that you enter fully your correct delivery address when placing your order including any acknowledgement or acceptance we provide. You must notify us without delay of errors or omissions and we reserve the right to charge you for any extra costs that may arise as a result changes you make subsequent to the original order.
All items sent to your delivery address will be shipped by a distribution partner with tracking code where possible, although it is not always possible to choose exactly which carrier will be used for your order.
If delivery cannot be made to your address CREATE YOUR OWN DESIGN will inform you as soon as possible.
On exercising your right to cancel you shall be required to return the goods to CREATE YOUR OWN DESIGN distribution and storage partner, details of which will be included with the goods dispatched. If you fail to return the goods, CREATE YOUR OWN DESIGN reserves the right to deduct any direct costs incurred in retrieving the goods as a result of such failure.
Whilst every effort will be made to deliver your goods as soon as possible after your order has been accepted, CREATE YOUR OWN DESIGN will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
Upon receipt, you may be asked to sign for the order received stating that goods received are in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check at the point of delivery, you should sign for the parcel as "UNCHECKED", otherwise any warranty claim subsequently may be effected.
Each instalment constitutes a separate contract when products are delivered as such, so that any defect in any one shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent instalment.
The goods are at your risk from the time of delivery to your stipulated address.
Ownership of the goods shall not pass to you until we have received full consideration in payment on the website in respect of both goods and supplementary delivery costs.
Your Right of Cancellation
On the condition that you are a private customer ordering goods for a purpose that can neither be attributed to your commercial or any independent professional activity, you have the right to cancel the contract at any time up to 7 days after your commencement of your contract with CREATE YOUR OWN DESIGN or 7 days after you receive the goods (whichever is the longest).
The cancellation period shall begin upon the receipt of the above mentioned information at the earliest, but not before the goods have been delivered.
To cancel you must give notice to CREATE YOUR OWN DESIGN by hand, post, text or email, giving details of the goods ordered and including delivery status and details within due time.
The notice of cancellation should be addressed to CREATE YOUR OWN DESIGN , Unit 10 Phoenix industrial estate, cheetham street, failsworth manchester, M35 9DS create-your-own-design-co.uk
In a valid cancellation, the performances due in law by the parties shall be returned. Where applicable, a compensation for the usage made must be paid. Except in the case of damage or incorrectly-named goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning goods to CREATE YOUR OWN DESIGN at your own cost. The goods must be returned to the address shown on the delivery note, taking reasonable care to ensure the goods are not damaged either in the meantime or in transit. 40. Once notified that you are cancelling the contract, CREATE YOUR OWN DESIGN will refund or re-credit you within 30 days for any sum that has been paid by you by whatever means used by you in original payment.
If you cancel within the Cancellation Period yet have already received the product, you must return the product immediately to CREATE YOUR OWN DESIGNit and in any event within 30 days of delivery, to the address shown on the despatch documents. If you fail to do so, we may arrange for collection of the product from your delivery address at your cost.
All new goods supplied by CREATE YOUR OWN DESIGN are warranted free from defects although this warranty does not affect your statutory consumer rights. If new goods develop a defect during warranty period, please follow the Supplier's Returns procedure. Where above clauses do not apply in the event of a valid claim, CREATE YOUR OWN DESIGN will either:
1. replace the goods at the same price subject to availability;
2. repair those goods; or
3. repay the sum you have paid for the relevant goods within 30 days of the date that the goods in question are returned in accordance with above conditions.
4. return goods to the manufacturer either for repair or replacement.
The warranties above do not apply to any defect in the goods arising from expected wear and tear, wilful damage , accident or negligence by you or any third party. This also applies to use otherwise than in accordance with that intended or any alteration or repair carried out without CREATE YOUR OWN DESIGN prior recorded approval.
If the goods delivered are damaged in transit, you should notify CREATE YOUR OWN DESIGN via email within 7 days of receipt of the goods, returning them to CREATE YOUR OWN DESIGN in accordance with our returns policy. Once the fault is established, we will issue you with a replacement or full refund via your original payment method at your discretion, and reimburse your return carriage costs. Your rights under the above clauses are maintained in all circumstances.
If the goods supplied to you are either faulty or not complete on arrival (regardless of damage in transit), you must notify us within 28 calendar days of receipt of the goods before returning to us. You must act in accordance with our returns policy and once we have identified the fault, we will issue you with a replacement or full refund at your discretion, using your original payment method. We will also reimburse your return carriage costs. Your rights under above clauses are not affected.
All specifications, illustrations, particulars, dimensions, and other information on the website are intended to represent no more than a general illustration of the product. They do not constitute a warranty or representation by us that the products will conform with the same.
Limitation of Liability
Subject to clauses below, CREATE YOUR OWN DESIGN shall not be liable to you for any loss or damage in circumstances where:
1. there is no breach of a legal duty owed to you by the Company and it's fulfilment partners or agents
2. such loss or damage is not reasonably foreseeable consequence of this breach
3. any increase in loss or damage as a consequence of breach by yourself and in relation to any contractual terms whatsoever.
Nothing in these conditions excludes or limits the liability of CREATE YOUR OWN DESIGN and all involved fulfilment partners for death or personal injury caused by negligence, fraudulent, intention or misrepresentation.
You must observe and comply with all applicable regulations and legislation to purchase products from our Website.
CREATE YOUR OWN DESIGN and all fulfilment partners shall have no liability for loss of profit or for any special, indirect or consequential loss of costs, expenses, damage or other claims for compensation whatsoever that arise out of their use or resale by you in any commercial capacity. The entire liability of CREATE YOUR OWN DESIGN will be limited to the total price of the Products ordered by you, other than stipulations arising from above clauses.
NOTHING IN THESE CONDITIONS SHALL OR BE CONSTRUED AS LIMITING OR EXCLUDING OUR LIABILITY WHERE UNDER MANDATORY LAWS APPLICABLE IN YOUR TERRITORY. ANY SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY CONTRACT.
THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AND YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.
Images, suppiled by customer uploads need to be of high resolution for CREATE YOUR OWN DESIGN to produce high quality prints, we will not be held responsible for customers uploads of poor quality images, we will advise before printing process begins.
After notification of imagequality, it is entirely up to the customer if they wish to proceed,after this CREATE YOUR OWN DESIGN cannot be held responsible for the image quality supplied.
CREATE YOUR OWN DESIGN product images are meant for illustrative purposes only, so may differ from the actual product.
Governing Law and Jurisdiction
All terms of sale and the supply of the goods will be subject to English law. The relevant courts will have jurisdiction in respect of any dispute arising from the contract.
The language used in any dispute resolution procedure or any proceedings will be English.