TERMS & CONDITIONS
Background:
This agreement applies as between you, the User of this Website and Maker and Writer, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Service” means collectively any online facilities, tools, services or information that Maker and Writer makes available through the Website either now or in the future;
“System” means any online communications infrastructure that Maker and Writer makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Maker and Writer and acting in the course of their employment; and
“Website” means the Website that you are currently using (makerandwriter.com) and any sub-domains of this site (e.g. makerandwriter.co.uk) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Maker and Writer,our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Maker and Writer
2.3 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Maker and Writer or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4. Privacy
4.1 For the purposes of applicable data protection legislation, Maker and Writer will process any personal data you have provided to it in accordance with the Privacy Policy available on the makerandwriter.com website or on request from Maker and Writer
4.2 You agree that, if you have provided Maker and Writer with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to Maker and Writer and (2) that you have brought to the attention of any such third party the Privacy Policy notice available on Maker and Writer’s website or otherwise provided a copy of it to the third party. You agree to indemnify Maker and Writer in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
5. Disclaimers
5.1 Maker and Writer makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. Maker and Writer makes no guarantee of any specific results from the use of our Service.
5.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
6. Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Maker and Writer accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7. Limitation of Liability
7.1 To the maximum extent permitted by law, Maker and Writer accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
7.2 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
8. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
9. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
10. Notices
All notices / communications should be given to us by email to: helen@makerandwriter.com Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
11. Law and Jurisdiction
These terms and conditions and the relationship between you and Maker and Writer shall be governed by and construed in accordance with the Law of England and Wales and Maker and Writer and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
12. Goods, Pricing and Availability
12.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Maker and Writer correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether.
12.2 Where appropriate, you may be required to select the required size of the Goods that you are purchasing.
12.3 We neither represent nor warrant that Goods will be available. Stock indications are not provided on the Website.
12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
13. Orders and Delivery
No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Maker and Writer and you.
14. Returns Policy
14.1 Maker and Writer aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods may need to be returned. Returns are governed by these Terms and Conditions.
14.2 General (non-custom) orders - If you are not fully happy with your purchase, or if your order has been damaged during transit, please email helen@makerandwriter.com within 14 days of receiving your goods. Any returned goods must still be in the original (new and unused) condition and also include your unique returns code (we'll provide you with a returns code when you contact us). The cost of return postage will be borne by the customer, unless the goods are faulty.
14.3 Custom-made orders - No refunds or exchanges can be given on personalised items made to your specification (custom-made orders), unless there is a defect (faulty goods).
15. Shipping Delays
All delivery dates and times are not guaranteed and are estimates provided by the carrier. After your order is shipped, delivery times will vary according to the shipping method that you selected during Checkout and the location of your shipping address. Remote locations that are not readily accessible make require additional time for the delivery to be made. The shipping methods offered during checkout will differ based on your shipping address and number of items ordered.