DEFINITIONS
"Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means Kismet Crafts "Website" means the website located at http://www.kismet-cards.co.uk or http://www.kismetcrafts.co.uk or any subsequent URL which may replace it; and "You/your" means you as a user of the Website.
ACCESS
We will provide you with access to the Website in accordance with these Conditions. These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. All of our intellectual property rights are reserved.
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on it. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is up-to-date.
YOUR OBLIGATIONS
You:
- agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
- agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
- will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
- will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
- will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
- agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
You may view and print from the website provided that:
a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
c) you must not edit or otherwise modify any material on the website.
INDEMNITY
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
OUR RIGHTS
We reserve the right to:
- modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external sites or resources.
MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
YOUR DATA
We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place. You should be aware that:
- if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
- We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
Please view our Privacy Policy, which forms part of these Conditions.
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the 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.
The Website is Copyright, Kismet Crafts, 2008. All rights reserved.
NOTICES
You may send us notices under or in connection with these Conditions:
- by post to 16 Argyle Street, Pembroke Dock, SA72 6HL;
- by email to enquiries@kismet-cards.co.uk
- As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under United Kingdom law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
- any loss of goodwill or reputation;
- any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
SEVERANCE
If any part of the Conditions are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
CONSULTATIONS
Before placing an order with Kismet Cards you may wish to see some bespoke samples of our work. If you live within Pembrokeshire, Cardiganshire or Carmarthenshire I can arrange a private appointment for you to view my portfolio. If you are further afield and are willing to travel I am more than happy to meet with you half way, at your residence or at my office.
I have a set range of designs for you to choose from, however, if they are not what you are after I do provide a bespoke service. There are no limitations on the designs and they can all be altered to your specifications, and tailored to match and compliment the colours and theme of your day perfectly.
SAMPLES
Sample packs include an Invitation and Place card. A sample pack is priced at £2 and includes delivery. Please note that during busy times of the year your sample pack may take up to 14 days to arrive, however, we will do our utmost to send samples within 24hours. All samples are sent out by 1st class Royal Mail.
ORDERS
You must ensure that any order made includes:
- all the specifications and correct information that is necessary for us to produce the goods you require.
- the correct payment is made.
Once orders have been placed and the proofs have been issued, costs have been incurred in order to complete your order. Once your order has been placed the order quantity cannot be reduced. If you require a larger quantity than originally ordered you must first have our agreement.
STATIONERY PROOFS
Proof-reading is the responsibility of the client. Please check the proof with great care and in detail in order to ensure that it fully meets your requirements. The proof has been prepared in order to allow you the opportunity to check for any errors or mistakes, both yours and ours. We cannot accept liability for errors, however they are caused, which are evident in the proof sent to you and not indicated by you at this stage. Therefore, you are liable for all relevant costs incurred in correcting any such mistakes once the proof has been approved. Changes made to the chosen design or wording specifications may incur additional charges if work has already begun on the order.
Kismet Crafts cannot be held responsible for any errors that go unnoticed after the proofs have been approved or for gaining copyright permission for the use of hymns used in the Order of Service. Hymns that are used are done so at the client's discretion. Names for invitations, place cards and table plans along with wording for Order of Service sheets is to be supplied by email as an attached Word document or extra charges will be incurred for typesetting any documents / photocopies that are sent in the post.
The following checklist may assist:
1. Size
2. Chosen Font
3. Spelling
4. Names, dates & venues
5. Colours
Please indicate clearly any amendments on the proof. Orders cannot commence until we have received the proof along with any alterations.
I can produce inserts in both English and Welsh, if you would like another language you will have to provide the translation as a Microsoft Word document.
PAYMENTS
A 50% deposit is required when placing a wedding stationery order. This deposit is non-refundable. The remaining balance is required once the proofs have been signed off by the client. Please bear in mind when ordering stationery that once quantities have been agreed and signed for then materials will be ordered by Kismet Crafts. All other Kismet Crafts accessories e.g. Albums, guest books, keepsake boxes, favours and table plans require full payment before production. Payment is to be made by cheque or PayPal. Please make cheques payable to 'Kismet Crafts', or pay through PayPal with a debit or credit card via the Orders page on the website. All PayPal payments will be inclusive of a 3% transaction fee.
PRICES
Prices are subject to change without notice. However, the pricing of all our products is reviewed on a 6 monthly basis. Prices quoted to you by e-mail, phone or post are valid for a term of 30 days. Once your order has been confirmed and the deposit has been paid, the prices of the products ordered are secured.
LEAD TIMES
Lead times for wedding invitations, evening invitations and rsvps are generally 6-8 weeks from receipt of approved proofs by Kismet Crafts. Lead times for any remaining stationery items are generally 4 weeks from the receipt of proofs. Lead times do depend upon the co-operation of the client in their submission of information to Kismet Crafts in a timely manner and by the dates set out in the production schedule. Lead times may fluctuate and those quoted are subject to change. Clients will be given more accurate timings upon placing their orders.
PODUCT REPRESENTATIONS
Kismet Crafts endeavours to represent all of our stationery collections and accessories accurately. However, there are limitations to how the colours and materials that are used in our stationery will appear within the website. Therefore, we would always advise that all of our clients order a sample prior to placing an order.
MANUFACTURE
All of Kismet Crafts stationery is individually handmade and is therefore subject to minor variations, these are not faults. Manufacture of the stationery will only commence once the final payment and proofs (signed and dated) have been received by us from the client. Any changes that are made to the order once manufacture has commenced will incur additional charges.
DELIVERY
Stationery orders are always dispatched in two parts, with all pre-wedding stationery items being sent out first and then followed by the wedding day stationery items. All of our orders are dispatched using Royal Mail special delivery, DHL or an alternate suitable courier. Kismet Crafts reserves the right to use the most appropriate method of delivery for your order.
Kismet Crafts cannot be held responsible for items that are lost or damaged in transit.
RETURNS/REFUNDS/CANCELLATIONS
Kismet Crafts will not refund or exchange goods unless they are faulty and work on replacement stationery will not commence until all items in question are returned to us. In the event of any cancellation Kismet Crafts reserve the right to retain the 50% deposit. If a cancellation is made after work has commenced on an order, we reserve the right to retain the full final payment, in order to cover any additional costs that we may have already incurred. Because all of Kismet Crafts wedding stationery and accessories are entirely made to order they are non-returnable. This does not affect your statutory rights.
COPYRIGHT
All designs and content of this website are the sole property of Kismet Crafts and are covered by copyright. Designs may not be copied in whole or in part or reproduced in any way. Designs that are created for a client as part of a bespoke order are the sole property of Kismet Crafts. We therefore reserve the right to add these designs to our portfolio. Images and photographs may not be copied without prior permission by Kismet Crafts.
Infringement of copyright will be vigorously pursued.
It is the responsibility of the client to obtain permission for the printed reproduction of any material, e.g. poems or hymns to be included in their stationery. The client indemnifies Kismet Crafts against any action brought against it for breach of copyright.
SURVIVAL
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
LAW
The Conditions will be exclusively governed by and construed in accordance with the laws of United Kingdom whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
