Terms & Conditions
Welcome to Evie’s Cards. In using this website you are deemed to have read and
agreed to the following Terms and Conditions applicable to the sale by Evie’s Cards
including through its website. We reserve the right to change these sales terms at
any time, but no changes will apply to any orders placed before the change.
- ABOUT EVIE’S CARDS
We are Evie’s Cards. Our address is 10 Mount Close, SO226ET Winchester. You can contact us by post at the above
address, by eviescardsanddecor@gmail.com or by telephone on +447871940502. - PRODUCTS. Every greeting card is individually handmade by Evie’s Cards therefore there may be slight variation on each design. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. All materials, envelopes and gift boxes will be chosen from stock if the particular envelope, gift box or other material shown in the card image is not available at any time. Some of our cards are not suitable for handling by children under 3 years.
- DEFINITION
The following terminology applies to these Terms and Conditions, Disclaimer Notice
and Privacy Policy and any or all Agreements: “Customer”, “You” and “Yours” refers
to you, the person who accessing the website submitted the order or who is
purchasing from us under the contact to which these terms apply. “The Company, “
Ourselves”, “We” and “Us” refers to Shop Inc Ltd. “Party” and “Parties” refers to
both the Customer and ourselves or either the Customer or ourselves. “Website”
refers to our website at evies.uk. “Other Charges” refers to any other charges of fees
in addition to the price and delivery charges, as stated in the Terms of Contract listed
in Clause 5 below; the contract is the contract which incorporates the terms of sale.
“Delivery Charges” refers to our charges for delivery of the products as stated in the
specific order terms outlined Clause 5.2; “Delivery address” refers to the address
provided at the time the order was placed for the delivery of the products as outlined
in Clause 5.2; specific order terms or if not stated, as you provided to us in your
account with us, of none has been provided, to the billing address associated with
your payment card or other payment services used to make payment. “Working or
Business day” refers to Monday to Friday except bank or other public holidays. “The
Order” is your order for the purchase of products submitted to us, which incorporated
these Sales Terms or result in the formation of a contract, including any orders made
through our website, by telephone, by means of a catalogue order form or any other
means. “Specific Order Terms” refers to the specific terms for your order as outlined
in clause 5.2 below. “The Price” refers to the price of the products as stated in the
specific order terms; the “products” refers to the goods, gift vouchers and any other
products ordered by you through our website, by telephone, by means of a catalogue
form or by any other means set out in the order specific terms. All the terms refer to
the offer, acceptance and consideration of payment necessary to undertake the
process of our service to the customer in the most appropriate manner, whether by
telephone, a formal meeting or any other means for the express purpose of meeting
the Customers needs in respect of the Company’s stated service/products, in
accordance with and subject to, prevailing law in England and Wales. Any use of the
above mentioned terminology or other words in a plural, singular, capitalization
and/or he/she or they are deemed interchangeable and referring to the same. - BUISNESS AND CONSUMER SALES
These terms apply to all sales of products by us to consumers and businesses. For
the purposes of these terms of sale you are a consumer, if you are an individual and
are purchasing for the purposes which are wholly or mainly outside a trade,
profession or business. In any other case, you are a business for the purposes of
these terms. If you have indicated to us at any point that you are a business or
consumer; including at the time you registered your account associated with the
order or contract to and/or provided a business name when submitting an order
which these terms apply, we shall then relay on this representation from you in
entering into the contract, you shall from herewith be bound by such representation.
Where the term “Consumer” is used then the clause shall apply to you if, and only if,
you are a consumer as stated under this clause. Where the term “Business or
Businesses” is used , then that clause shall apply to you if, and only if, you are a
business. - FORMATION OF CONTRACT
4.1 YOUR ORDER
This is your legal offer to purchase the products on the terms of contact; this is
subject to our acceptance.
4.2 WITHDRAWING YOUR ORDER
You are entitled to withdraw your order at any time up to the moment that we accept
it and it becomes a binding contract. Once this has become a binding contact
cancellations can only be made in accordance with your cancellation rights; clause
11, or in accordance with your legal right in the event that we are in breach of the
contract.
4.3 ACKNOWLEDGEMENT OF YOUR ORDER
Once your order has been placed/submitted you will receive and email confirming
your order. This email does not amount to an acceptance of your order, nor does it
create a binding contract unless expressly stated by us.
4.4 ACCEPTANCE OF YOUR ORDER
Acceptance of your order will occur and a binding contract for sale and purchase of
all products will be formed between you and us upon first dispatch of any of the
products in your order, or sooner, from the moment your order status reads
“dispatched”; this means that any of the products in your order has been
dispatched.
4.5 DECLINING YOUR ORDER
We reserve the right to decline your order for any products, before acceptance, for
any reason. We will email or telephone you to inform you and provide you with our
reasons. We reserve the right to decline your order before we have accepted it for
any reason at our sole discretion. We reserve the right to decline your order either in
whole or in part.
4.5 AGE REQUIREMENT
If you are an individual ordering a product with a minimum age requirement, by
ordering you are representing that you of the required age; you are representing that
you are 18 years old and over.
4.6 MULTIPLE ITEMS
If your order lists more than one product or service then there shall be considered to
be a separate and independent order and contract for each of them.
- TERMS OF THE CONTRACT
The terms of the contract are as follows:
5.1 GENERAL TERMS
The following constitutes the general terms:
(a) These terms of sale
(b) The general delivery information published by us, including on our website at the
time of your order, outlining but not limited to delivery charges, methods of payment,
timescales and restrictions.
(c) Descriptions, specifications and additional terms are specified for the product on
all products on our website and in our current catalogue at the time of your order.
(d) Any terms which are implied into the contract by statute or rights in relation to this
contract granted by statute, unless and to the extent they are otherwise limited,
varied or excluded by any other contract terms.
5.2 SPECIFIC ORDER TERMS
The specific terms of your order; including product description, quality, price and
other delivery charges applicable, your details, billing and shipping address and
payment methods are set out in the check out page generated by our website as
confirmed by us in written acknowledgement (by Invoice) or acceptance of your
order which we send to you. If you are a business no terms proposed by you shall
apply to the contract, including any standard terms of purchase, unless expressly
stated by us. - SALE AND PURCHASE AGREEMENT
Once we have accepted your order, we agree to sell to you and you agree to
purchase from us the products specified in the contract terms.
- DESCRIPTION
Under the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 it is
an implied term in the contract that the products will correspond to their description.
The description is essentially as set out in our website and catalogue at the time of
order, but there may be minor variations in specification, colour or other features
between that description and the product received. - CHARGES AND VAT
You agree to pay the price, delivery charge and any other charges stated in the order
specific terms. You are obligated to pay VAT on all charges, at the same time as the
charges. All products on the website are stated with a charge that is inclusive of VAT
and exclusive of VAT. - FREE GIFTS
For orders of products which are promised with a free gift; we reserve the right not to
supply the free gift. If you place an order for two or more products with free gifts we
reserve the right to limit the number of free gifts to you to a number that we decide in
our sole discretion. If you return a product for any reason all free gifts must be
returned by you other than in our breach of contract. - PAYMENT TERMS
11.1 Payment Currency
You must pay in the currency in which the price, delivery charges and any other
charges are stated by us.
11.2 PAYMENT ON ORDER
Payment of the price, delivery charge and any other charges and amounts which are
payable under contract must be made on order.
11.3 PAYMENT METHODS
We accept payment by such credit/debit cards and other methods as may be stated
on our website. We do not accept payment via post or cheque, if you send payment
by post, then you takes the risk of the theft, loss or damage of your payment
instrument in the post.
11.4 DEFAULT TIME FOR PAYMENT
The price, delivery charges and all other charges are payable on order and we are
not obliged to process your order or dispatch any products until payment in full has
been received by us. You authorise us to take payment from any card or other
payment service for which you have provided details, at the time of, or at any time
after you have submitted, your order, whether or not the order has been accepted by
us and a contract formed. If your payment cannot be collected or is not authorised by
your card or payment services provider for any reason we will tell you.
11.5 NO SET-OFF BUSINESSES
You must make all payments in full without set-off, deduction, counter-claim, or
withholding.
- DELIVERY
12.1 DELIVERY ADDRESSES
Delivery of the products will take place at the delivery/shipping address. Please note
that we primarily deliver to addresses located within the United Kingdom (including
Northern Ireland) and such other places as may be stated in any delivery information
on our website or in our catalogue. For international delivery additional charges will
apply. Please note that International orders may be subject to International Customs
fee; Evies Cards are not liable to pay these charges.
12.2 DELIVERY TIMESCALES
We only deliver on working days, being Monday to Friday, excluding public and bank
holidays.. Any statements as to delivery within a number of days should be read as
working days, and if a bank or other public holiday falls within any delivery period
then you should allow an extra two working days for delivery. Deliveries over the
Christmas period may be subject to server delays. Delivery days are stated as such
from dispatch.
Delivery timescale is as follows:
Standard delivery – 3-4 working days from dispatch
Express delivery – 1-2 working days from dispatch
Please note International delivery is not subject to a timescale due to International
Customs and Regulation.
We will use reasonable efforts to deliver the products within the delivery timescales
stated in the other contract terms. If no timescale is stated, then delivery will be
made without undue delay and no later than 30 days beginning with the day the
contract was entered into. If we are not able to make the delivery time scale, we will
let you know.
12.3 FORCE MAJURE
We are not responsible for delay in supplying or delivering or failure to supply or
delivery any products due to unforeseen events beyond our reasonable control. We
will let you know as soon as possible if there is going to be a problem in supplying
the products, and give you an opportunity to cancel your order, in which case we will
refund all amounts paid by you to us under the order, or give you an opportunity to
continue with the order if possible, in which case we will inform you once the
products have been dispatched as to the timescale of delivery as soon as we are in
a position to continue performing the order.
12.5 FAILURE TO RECIEVE PRODUCTS
If delivery is attempted within our stated delivery timescale and you are not present
to collect the products or you unreasonably refuse to take delivery of the products,
then we may abandon the delivery attempt, and another delivery charge for re-
delivering the products at another time. We will give you the option of collecting the
products from our address or requesting further delivery attempts at further delivery
charge. We reserve the right to sell any undelivered products. Please note that we
will not process a refund after 60 days of a failed delivery; we will give you the option
of resending you the order, this is at our sole and absolute discretion.
12.6 INSPECTION ON DELIVERY
You should check that you have received all of the products you ordered, and inform
us as soon as you can if you think anything is missing or think anything is damaged
or not in working order. If you are a business customer, you must inform us by the
next working day after delivery has been made if you do not think you have received
the products ordered, otherwise all products purported to be covered by the delivery
shall be deemed to have been delivered. If you are a business customer, you must
inform us within 10 working days if you consider that the products are faulty or
damaged, otherwise the products will be considered to have been correctly
delivered, free from damage or faults and in good working order, except for any
damage or fault you could not have discovered on reasonable inspection of the
products.
12.7 RETENTION OF TITLE
Title to the products passes to you when risk passes below, unless the price or any
other amount payable by you is outstanding at delivery, in which case title is retained
by us until you have paid in full the price and all other amounts payable under the
contract.
12.8 RISK
Risk in the products shall pass to you when they come into your physical
possession, or any person identified by you to take possession of the products, or
any carrier you commissioned to collect the products from us and transport them to
you, or our courier service hand over the products to any person who you authorise
to collect them from a postal or courier service, or we leave the products at a place
or with a person in accordance with any express delivery instructions received from
you. Risk in any returned products shall pass back to us when they come back into
our physical possession, or any person identified by us to take possession of the
returned products, or any carrier commissioned by us collect the products from you
and transport them back to us.
- CANCELLATION POLICY
Where you are a consumer, then you have the right to cancel the contract for any
products without giving any reason, under the Consumer Contracts (Information,
Cancellation and Additional Payments) Regulations 2013 (the “Cancellation
Regulations”), on and subject to the terms detailed below. This right is in addition to
your statutory rights for faulty or mis-described products. If you are a business then
we also give you a right to cancel the contract for any products without giving any
reason in accordance with the terms detailed below.
13.1 RESTRICTIONS
13.1.1 ALL CONSUMERS
Your cancellation right does not apply to the following products (unless such
exceptions are not permitted by the Cancellation Regulations): where our website or
catalogue states that the cancellation right does not apply to that product; gift cards;
products made to your specifications or personalised for you, such as stamps;
sealed audio or video recordings and sealed computer software packages, if the
seals are broken after delivery; stamps; and products liable to deteriorate or expire
rapidly.
13.1.2 BUISNESS CONSUMERS
If you are a business, your cancellation right does not apply to the following
products; used products, other than use simply to test that they work and are in the
condition required by the contract; products not returned with all packaging,
contents, documents, and other items supplied with or as part of the products,
including any free gifts; products damaged or marked in any way after delivery; and
products not returned in a resalable condition (being resalable for at least 80% of the
price they were sold to you) due to anything occurring after delivery; or products title
to or possession of which has been given by you to a third party.
13.2 CANCELLATION TIMESCALE AND REFUNDS
You may exercise your right to cancel at any time up to the time stated below (the
“cancellation timescale”). The cancellation timescale is before your order is marked
as “awaiting shipment”. Once your order has been marked as “awaiting shipment”
you will not be able to cancel your order. Shop Inc Ltd are unable to recall orders
once they have reached the dispatch team.
13.2.1 EXERCISING YOUR RIGHT TO CANCEL
13.2.2 INFORMING US
To exercise you right to cancel, you must inform us of your decision by either email
with a clear statement or by telephone details of which can be found on our website
on the contact us page.
13.2.3 DEADLINE
It is sufficient to meet the cancellation deadline if you contact us by the means stated
in clause 13.2.1.1 before the cancellation deadline stated in clause 13.2, even if we
do not receive it until after the cancellation deadline.
13.2.4 ORDER REFERANCE OR ORDER ID NUMBER
It will save time if you can supply us with your order reference number or order ID
number when you cancel, but don’t worry if you are not able to find this.
14. REFUND
14.1 AMOUNT OF REFUND
If you cancel this contract in respect of a product, we will reimburse to you all
payments received from you under the contract with respect to such product,
including the price plus VAT, delivery charges and any other charges but if you chose
a type of delivery which costs more than the least expensive type of standard
delivery offered by us for your delivery address, then we will not be obliged to refund
you any additional delivery charges in excess of the cost of such standard delivery.
Please note that we will not refund delivery charges paid by you where Evies Cards
have fulfilled all terms under this agreement as outlined in clause 5.1, 5.2 and 7 in
relation to the products you received.
We may deduct from your refund the costs of return of the products (where the
above mentioned term applied) and any diminution in the value of the products. You
will not incur any fees as a result of the reimbursement.
14.2 REFUND TIMESCALE
If you are responsible for sending the products back to us (with exception to the
terms stated in clause 13.3.1) , then we will provide the refund without undue delay,
and not later than the earliest of the following dates: 14 days after the day we receive
the products back from you; 14 days after the day you provide evidence that you
have sent the products back to us; and (if the products have not been delivered) 14
days after the day on which we are informed about your decision to cancel. However,
if we originally offered to collect the goods, rather than requiring you to send them
back, then we will make the refund within 14 days of the day you informed us of your
decision to cancel.
We will make the refund using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise, or it is not possible.
15. WARRANTY
15.1 STATUTORY RIGHTS
We do not exclude any terms implied by statute in relation to the products, or
statutory rights in relation to products which do not conform to the contract at the
time of delivery, including under the Sale of Goods Act 1979 and the Supply of
Goods and Services Act 1982, but we do limit our liability under those terms and
rights as stated in clauses 16 and 17 below. Your main rights are summarised below
for information purposes only:-
15.1.1 ALL CUSTOMERS -IMPLIED TERMS
Statute implies terms into the contract that we will pass good title to the products,
that the products will comply with their description, that the products will be of
satisfactory quality, and that the products will confirm to any sample provided.
15.1.2 ALL CUSTOMERS – REFUNDS AND REJECTIONS
If the products were not in conformity with the contract at the time of delivery, you
may, depending on how serious it is, be entitled to reject the products and claim a
refund, provided you do this as soon as you have had a reasonable opportunity to
examine the goods.
15.1.3 CONSUMERS ONLY- REPLACEMENT
If you are a consumer you may have certain additional rights under statute, which we
summarise as follows for information: If the products were not in conformity with the
contract at the time of delivery, or if they do not conform to the contract within 6
months after delivery, you may also be entitled to ask us to replace the products, at
our cost, within a reasonable time and without causing significant inconvenience to
you. We are, however, only obliged to replace the products where it is possible, and
it is not disproportionate when compared with the following: replacement (if you ask
us to repair), giving you a partial refund, or your cancelling the contract and getting a
full refund. If we do not provide a replacement remedy, or we undertake to replace
and fail to do so within a reasonable time, then you may either (a) elect to keep the
products and ask for an appropriate partial refund; or (b) elect to return the products
for a full refund. We can only replace products “like for like”, subject to availability. If
replacement is not possible or is disproportionate, or we fail to replace the products
within a reasonable time at our cost, you may keep the products and ask for a
reduction in price, or cancel the contract and get a full refund. If you return the
products for a full refund, we are entitled to reduce any refund to take account of any
use you have had of the products since they were delivered to you.
15.2 MANUFACTURERS WARRANTY
Where the products include a manufacturer warranty or guarantee which the
manufacturer of the products offers direct to its end-customer, then it is your
responsibility to register that manufacturer warranty with the manufacturer, following
any instructions which come with the products, and we do not assume any liability or
responsibility ourselves under such warranty. Any claims you make under it must be
made directly by you to the manufacturer.
- OUR LIABILITY TO CONSUMERS
We shall not be liable to you (including under or for breach of the contract or in
negligence) for:
(a) any loss of profits or other losses relating to any business;
(b) for any losses which were not foreseeable by us when the contract was made;
or
(c) for any losses which were not caused by any breach of the contract or any
negligent or unlawful act or omission by us.
(d) for loss or damage to property;
We do not exclude or limit any liability which we may have to you:
(a) for fraud or fraudulent misrepresentation; or
(b) to refund any payments made by you under the contract
(C) for death or personal injury; - OUR LIABILITY TO BUSINESSES
The following terms apply if you are a business:-
17.1 LIMITATIONS AND EXCLUSIONS
In this contract, references to our “liability” shall be to our liability to you under or for
breach of the contract, our liability to you for negligence, breach of statutory duty,
tort, or accidental or negligent misrepresentation, and any other liability we may have
to you whatsoever and howsoever arising under, in connection with, or in the course
of performing, the contract, or in connection with the products. Our total liability for all
events giving rise to liability to you in aggregate for all such events shall be limited to
an amount equal to the price, delivery charges and other amounts payable by you
under the contract as ascertained at the time of your order. We shall have no liability
to you for: loss of revenue, bargain, profit, anticipated savings, contract, business,
expectation, use, production, or goodwill; any costs, expenses, liabilities, or
commitments wasted, suffered, incurred or entered into in reliance on the contract;
any costs of purchasing substitutes or replacements for the products elsewhere; any
special, indirect or consequential losses; your liability to any third party; , or loss or
damage suffered by any third party. Notwithstanding any other contract term, we do
not limit or exclude our liability to you for fraud or fraudulent misrepresentation or
death or personal injury caused by our negligence.
The information on this website is provided on an “as is” basis to the fullest extent
permited by law, Shop Inc Ltd: excludes a;; respresntations and Warrenties relationg
to this website and its content or which is or may be provided by affliates or any
other third party, including in relation to any inaccuracies or ommissions in this
website and/or Shop Ins Ltd’s literature.
17.2 CLAIMS LIMITATION PERIOD
We shall not be liable in respect of any products missing from a delivery, and all
products purported to be in a delivery shall be considered to have been delivered in
full, if you do not notify us otherwise by the end of the next working day following the
day of delivery. We shall not be liable in respect of any damage to any products
present on delivery if you do not notify us of such damage within 10 working days
after delivery of the products has been made. We shall not be liable for any other
non-conformity of any product with this contract (including faults and defects), if you
do not notify us of such non-conformity within 10 working days after delivery (if such
fault or defect was discoverable on reasonable inspection at the time of delivery), or
within 3 months after the delivery of that product in any other case; and we shall not
be liable for any non-conformity of any product identified or arising after the end of
that 3 month period. If any product is not in conformity with the contract, then our
liability shall only be with respect to that product, and you may not return, and you
shall continue to pay for, all other products. You shall give us a reasonable
opportunity to repair or replace any non-conforming product, at our option, before
exercising any right to reject the product. You shall pay our reasonable costs
incurred in investigating any claim that a product is missing or not in conformity with
the contract, if such claim is not proved by you.
- EVIES CARDS RIGHT TO VARY AND CANCEL
We shall be entitled to vary the contract, or to cancel the contract, as a whole or in
respect of any products, at our option, if any of the following applies:
(a)we do not have the products in stock at all or in a fit state to supply to you; or
(b) we find we not have sufficient products in stock to meet all our orders from all our
customers; or
(c) the cost of acquiring the products to supply to you is higher than when your order
was accepted by us;
(d) we are not able to obtain the products from our suppliers at all or in time to meet
the delivery timescales;
(e) the contract terms (including our website or catalogue, or your order) contained
any error, including in relation to the description or price of any of the products; or
(f) we have not received payment in full of or are unable to obtain authorisation for
payment of the charges and other amounts payable by you;
(g) you do not meet any minimum age requirement for ordering; .
If we propose to vary the contract, we will give you an offer to continue with your
order subject to such variations as we propose, in which case we will identify any
variations (including any proposed changes to the products, the price and delivery
charges, and delivery timescales) and we will state how long that offer will remain
open; and if you do not accept our offer, then the contract will be deemed to be
cancelled. If the contract is cancelled under this clause 18: you must return to us any
products supplied to you under the contract in an unused and unopened condition (at
our cost if you are not at fault); and we will offer you a full refund for the products
cancelled, subject to receiving back from you any products supplied in the condition
required by this clause.
- GENERAL
19.1 ENTIRE AGREEMENT
The contract terms constitute the entire agreement between you and us for the sale
and purchase of the products. No other communications or representations between
you and us, whether written or oral, shall bind us, and you acknowledge that you
have not relied on any representations from us in entering into the contract which do
not form part of the contract documents. Any variation or alteration to the contract
terms shall only be binding upon us if made in writing and signed by a director of
Shop Inc Ltd. No employee, other than a company director, has authority to change
the terms of the contract.
19.2 THIRD PARTY RIGHTS
The contract shall not benefit or be enforceable by any person other than you and
us.
19.3 SUB- CONTRACTING
We may sub-contract our obligations under the contract.
19.4 INVALID TERMS
Each of the terms of the contract is separate and severable, and if any term is held
to be void or invalid, it shall be severed, and the remaining terms shall continue in full
force.
19.5 WAVIERS
We may on occasion, at our sole and absolute discretion, decide not to exercise or
wait before exercising our rights. If we do so, we shall still be entitled to insist on the
strict terms of the contract later on.
19.6 COST OF CLAIMS
You shall pay all our legal costs (on a full indemnity basis) and other fees, costs and
expenses incurred in enforcing and recovering any payment due from you under this
contract, and in recovering any products which you are obliged to return to us.
19.7 LAW AND JURISDICTION
The contract and all non-contractual obligations arising out of it shall be governed by
the laws of England and Wales. You agree to exclusively bring any claims against us
relating to this website or any non-contractual obligations arising out of it in the
courts of England and Wales.
Need help?
Contact us at eviescardsanddecor@gmail.com for questions related to refunds and returns.