Terms Of Use

This Site belongs to theheartshapedbox.com. Please read these Terms of Use carefully. If you use this website it is on these Terms of Use.

  • 1. General
    • 1.1 In these Terms of Use:
      • 1.2.1 "Site" means the website at www.theheartshapedbox.com; and
      • 1.2.2 "we" and "us" means theheartshapedbox.com a business owned by Diane Skeer of PO Box 553, Abingdon, Oxon, OX14 1DN and her affiliates or agents.
    • 1.2 We reserve the right at any time, in our sole discretion, to make any changes to these Terms of Use. Any changes will be notified to you by publishing the revised Terms of Use on this Site. By continuing to use the Site after such publication you agree to be bound by such later changes.
  • 2. Your Obligations
    • 2.1 You agree not to make any unauthorised use of material on this Site (including photographs and graphical images), the copyright and any other intellectual property rights of which are owned by us or licensors.
    • 2.2 No part of this Site may be reproduced or stored on any other website or included in any public or private retrieval system or service without our prior written authority.
  • 3. Disclaimers
    • 3.1 We accept no representation as to security, quality or propriety of websites to which there are links on this Site. We accept no liability in any way for any loss suffered by you in relation to your use of other websites. Such other websites are subject to separate terms, which should be read before you use those websites.
    • 3.2 We make no warranty that this Site is free from viruses or defects, compatible with your equipment or fit for any purpose. You must take all appropriate steps to protect your software, hardware and any other interests by using the appropriate anti-virus and firewall precautions as well as any other available precaution.
  • 4. Law
    • These Terms of Use will be governed by English Law and you and we submit to the exclusive jurisdiction of the English Courts.

    •  

    Terms Of Service

    Important Notice

    These Terms of Service will apply when you use our on-line ordering service. Before proceeding to place an order, we ask that you read these Terms of Service carefully.

    • 1 General Information
      For your convenience, we have listed below some general information:
      • 1.1 "Goods" means any product sold by theheartshapedbox.com;
      • 1.2 "We" or "us" means theheartshapedbox.com and our address is PO Box 553, Abingdon, Oxon OX14 1DN
      • 1.3 Our e-mail address is info@theheartshapedbox.com and our telephone number is 08456 439094;
    • 2 Formation of Contract
      • 2.1 In order to conclude a legally binding contract with us you must:
        • 2.1.1 agree unconditionally to these Terms of Service.
        • 2.1.2 on completing the order form you will be given the opportunity to submit an order to us by clicking on the "submit" button which appears at the end of the form. [You will then be asked to confirm your order.] On receipt of your [confirmed] order, we will send to you notification by electronic mail that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us.
      • 2.2 We reserve the right not to process your order and accordingly, we will notify you immediately by electronic mail if this is the case.
      • 2.3 Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.
      • 2.4 These Terms of Service will override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us.
    • 3 Data Protection
      • 3.1 We will collate the information which you give to us in the order form to provide you with our on line ordering service. By giving us this information, you consent to our use of it in order to process your order.
    • 4 Description and Pricing
      • 4.1 The Goods that we supply are set out in 'The Shop'
      • 4.2 The prices for Goods that we supply are set out in 'The Shop'
      • 4.3 Where we quote a charge to you, that charge will remain open for acceptance by you within the following 30 days. [N.B. A clear indication of prices including any applicable taxes is required under the Electronic Commerce Regulations 2002].
    • 5 Delivery and Risk
      • 5.1 Unless otherwise agreed in writing by us, delivery of the Goods will take place as specified under this Agreement.
      • 5.2 The time and date for delivery by us of the Goods will be as specified under this Agreement.
      • 5.3 All items will be sent by Post Office Special Delivery at a cost of £4.98 (at the time of writing), to be signed for on receipt. Deliveries to addresses outside the UK will be sent by 'International signed for at a cost of £5.85. Due to the fact that many of our items are individually made by hand, delivery will generally be between one and four weeks - please see the information provided with individual items. In the case of items already in stock they will be posted within 48 hours of receipt of payment. If you have a particular request for delivery dates please contact us and we will do our best to meet your requirements.
      • 5.4 Subject to the other provisions of these Conditions, we will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
      • 5.5 We will try to carry out our responsibilities under this agreement as soon as practicable and within 30 days of your order. If we do not carry out our responsibilities within that period we will tell you and refund, no later than 60 days after your order, any money that you may have paid to us. You may, if you prefer, extend the time in which we can carry out our responsibilities
    • 6 Title
      • 6.1 Goods provided under this Agreement are at your risk from the time of delivery.
      • 6.2 Ownership of the Goods will not pass to you until we have received in full (in cleared funds) all sums due to it in respect of:
        • 6.2.1 the Goods; and
        • 6.2.2 all other sums which are or which become due to us from you on any account.
    • 7 Payment
      • 7.1 Unless otherwise agreed, payment for the Goods is due immediately upon the order being confirmed by you.
      • 7.2 No payment will be deemed to have been made until we have received from you cleared funds.
    • 8 Right to cancel
      • 8.1 When you buy items from us you have the right to cancel your agreement with us in respect of these items, without charge, by notice in writing to us within seven working days of their delivery to you. You must, however, take reasonable care of the items and return them to us at your own cost.
      • 8.2 We agree to reimburse you, free of charge, within 30 days of notification of cancelation, the purchase price you paid for the goods or services, although we do reserve the right to charge you for the cost of recovering any goods that you do not return (which will be by deduction from the purchase price).
      • 8.4 This right to cancel will not apply, in any event, in the following circumstances:
        • 8.4.1 to clearly personalized goods or goods made specifically to the customer's specification; or
        • 8.4.2 to goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
    • 9 Returns Policy Please refer to our separate Returns Policy Document
    • 10 Warranties, Liability and Indemnity
      • 10.1 We make no representations or warranties, express or implied, regarding the Goods provided and all representations, conditions, warranties and terms, whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
      • 10.2 Our liability to you for death and personal injury caused by our negligence, or any other liability and limitation or exclusion of which is expressly prohibited by law, should not be limited or excluded.
      • 10.3 In no event will we be liable to you for any indirect, special, incidental, punitive or consequential losses or damages (including third party claims, loss of profits, revenue or goodwill) suffered by you or any third party howsoever caused (including any loss or damage suffered by you as a result of an action brought by a third party) arising in relation to the Goods (including any interruptions or delays in connection with the Service).
      • 10.4 Your statutory rights are not affected by any of the terms in these Terms of Service.
    • 11 Disputes
      If any dispute arises out of this contract the parties will attempt in good faith to negotiate a settlement. If the matter is not resolved by negotiation, the parties will refer it to mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR") Model Mediation Procedure. (See www.cedr.co.uk). Unless otherwise agreed, the mediator will be appointed by CEDR. If the parties fail to agree terms of settlement within 42 days of the start of the first meeting held under such procedure, the dispute may be referred to litigation by either party.
    • 12. Enforcement
      The failure by us to enforce any of these Terms of Service will not be deemed as a waiver of the right to enforce such term or condition.
    • 13. Law
      These Terms of Service will be governed by English Law and you and we submit to the exclusive jurisdiction of the English Courts.
    • 14. Complaints
      We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in clause 1. We will try to do our best to solve any problems that arise.