1.1 We operate the website www.edenandalways.co.uk (the "Website"). We are Eden and Always, a company registered in the United Kingdom ("we", "our", "us" or "E&A").
1.2 If you are a consumer then references in these terms and conditions (the "Terms") to "you" are to the individual using our website and purchasing the products detailed on our website ("Products") for private and non-commercial purposes.
1.4 By registering with Eden & Always and ordering a Product, paying a deposit or requesting a sample, you accept that you are entering into a contract with us under these Terms. People who order with Eden & Always establish an "Account", and become "Users". Visitors to Eden & Always who do not register with Eden & Always, but who nevertheless use the Site affirm that they are bound by these Terms each time they access Eden & Always.
1.5 If you do not agree to these Terms, you must not use this Website.
1.6 Please note, we reserve the right to amend these Terms from time to time. 2. Placing an Order
2.1 A contract for the purchase of a product is created as follows:
2.1.1 To place an order, a visitor must become a User by creating an account, as outlined in Section 1.4;
2.1.2 The User can place the order via Facebook, Etsy, Instagram or via direct email contact. . The customised product contained in the order is a "personalised product";
2.1.3 By confirming your order, you are agreeing to purchase the “personalised product” you have selected for your order;
2.1.4 At this point, we take payment for your order by means of your nominated payment method;
2.1.5 We will confirm our acceptance of your order by sending you an “order confirmation email”, which will make the agreement legally binding on you and us. Each order placed will incorporate the Terms and shall be a new and separate contract between you and us;
2.1.6 Once your Order has been despatched for delivery, you will receive a “despatch confirmation email”.
2.2 If your order is rejected we will contact you to confirm this and you will be refunded for your Order. We may reject an order for any of the following reasons:
2.2.1 If we do not have your chosen product in stock;
2.2.2 Where we cannot confirm your payment;
2.2.3 If there has been a relevant pricing or product description error;
2.2.4 If your order otherwise breaches any of the requirements of these Terms;
2.2.5 The use of images for a personalised product which are corrupted, unsupported technically or inadequately pixelated;
2.2.6 If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 3.3 below for our Content Rules);
2.2.7 We suspect that the order has been placed fraudulently;
2.3 We cannot make changes or cancel your Order once it has been placed – for further details on our Cancellation Policy, please see Section 6.
2.4 We require a non refundable booking fee to be paid in order to secure your booking for any Products which are required in more than six month time. For any Products which are to be delivered within six months full payment is required at time of booking.
3. Products Shown and Pricing
3.1 We endeavour to ensure that every product on Eden & Always is shown accurately, however, occasionally there may be small variations in colour, typefaces and layout. With invitations, you are able to order a Sample of your main invitation to review the product before making a final order.
3.2 The prices displayed on the website are subject to change and we reserve the right to change these at any time.
3.3 In rare cases, the price quoted for a Product may be displayed incorrectly. We will aim to rectify any such error as quickly as possible and will notify you of the correct price before you make your payment. We are under no obligation to provide the Product to you at the incorrect price, even after an Order Confirmation Email has been sent, if the pricing error is obvious and unmistakeable and could reasonably be recognised by you as an mis-pricing.
3.4 Prices shown on the website are in GBP and are inclusive of Value Added Tax (VAT) at the prevailing rate. The price of the product does not include the delivery charge. You are advised of delivery charges in your final invoice, for more information on delivery please see Section 5.
3.5 Eden & Always does not cover, and will not be responsible for, the payment of any additional customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government's import office if you are concerned that your order may incur import taxes when it ships from the UK.
4. Personalisation of Products
4.1 It is up to you to ensure that all content in a personalised product is correct, and (for example) is correctly spelt or irregularly formatted. We cannot edit or cancel an order for a personalised product once it has been placed so please double-check your proof which is emailed to you before you confirm your order. Please refer to Section 6 for further information on Changing or Cancelling an Order.
4.2 If you are uploading a photo to a card or invitation, images must be in JPEG format. Any other format such as Word documents, PNG or PDFs are not accepted. For best results, we advise uploading an image at 300DPI or make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. If you upload a photo that has a lower resolution or image size, we will accept it, however, we cannot guarantee the image quality when printed.
4.3 Content Rules - we do not permit personalised products to include any content or material which:
4.3.1 infringes anyone's copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product;
4.3.2 infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
4.3.3 contravenes any applicable law (including, without limitation, any criminal law) or regulation;
4.3.4 is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
4.3.5 misrepresents identity or impersonates any person;
4.3.6 includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
4.3.7 contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
4.3.8 may harass, upset, embarrass or alarm any person;
4.3.9 gives the impression that it emanates from or has been approved by us;
4.3.10 advocates, promotes or assists any unlawful act.
5. Delivery of Products
5.1 The cards and invitations sold by us are made in our office based in the United Kingdom and are shipped directly from this location.
5.2 The price for delivery is shown separately to the cost of goods on your final invoice which will be sent at set times as confirmed on your order confirmation.
5.3 Delivery charges and times can be consulted on our Shipping & Returns page.
5.4 An estimated delivery date will be given when you place your order. Occasionally our delivery to you may be affected by an Event outside our control, please see Section 15 for further information on this. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
5.5 Eden & Always does not cover, and will not be responsible for, the payment of any additional overseas customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government's import office if you are concerned that your order may incur import taxes when it ships from the UK.
6. Changing or Cancelling an Order
6.1 You cannot cancel or edit your Order of personalised products once the order has been placed and an order confirmation email received.
6.2 We are not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammatical errors; poor image quality derived from low resolution images, order quantity, or other ordering errors, including delivery address. To prevent these errors from happening, please review your order carefully before proceeding to payment.
6.3 Your booking fee which is paid to secure your order is non-refundable in the event you wish to cancel your order. Once you have confirmed your proof and sent final payment we are unable to cancel your order or refund any payment made.
7. Refund Policy
7.1 If, upon receiving your Product(s), they are damaged or the printing is faulty, you may request a refund or reprint in accordance with clause 7.2 below. We will not refund you if the Product(s) are in a good condition but the content is wrong due to a mistake made when ordering - please refer to Section 4 for further information on ordering personalised products.
7.2 You can request a refund or reprint in the case of printing faults or damage on your Order within 7 days of the date of receipt of the Product(s). Please email firstname.lastname@example.org with your order number, a description and clear photograph of the damaged goods and we will consider if you are eligible for a refund or reprint. As stated in Section 6.2, we do not take responsibility for customer generated mistakes.
7.3 If you choose to receive a refund, we will refund you the total amount you paid for the Product(s) plus any delivery charges you may have paid, within 14 days of the day on which you provide us with evidence that the Product(s) are faulty.
7.4 If you choose to have your Product(s) reprinted, we will do so free of charge and resend to you at no extra cost.
7.5 Please note, it is not our policy to offer both a refund and a reprint.
8. Payment and Charges
8.1 We only accept payment through Paypal or Bank Transfer (BACS).
8.2 The total charges for the Products and delivery are listed on the final invoice and on the Order Confirmation Email.
8.3 Full Payment or non-refundable booking fee must be paid prior to sending you the Order Confirmation Email.
8.4 When submitting your order, you warrant that all the detail you have provided are valid and accurate at the time, and that when your order is accepted by us, a non-refundable booking fee is payable.
8.5 If we cannot accept your order for the reasons outlined in Section 2.2 then no will be requested
8.6 In order to secure the price for Products provided in your quote, you must pay your non-refundable booking fee.
9.2. Intellectual Property Rights
9.3 All material on our Website is either owned by or licensed to Eden & Always and cannot be redistributed or reproduced without prior permission. This material includes, but is not limited to, designs, photography, text, layout, look and graphics. All worldwide rights are reserved.
9.4 You may not copy, distribute, create any derivative work or commercially exploit the content from Eden & Always, or any of the material found on our Website without our prior express, written permission.
9.5 Unauthorised use of this website and the materials within it may give rise to a claim for damages and/or be a criminal offence.
10.1 Our site contains links to other websites over which we have no control. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by visiting or using those websites, you do so at your own risk.
11.1 We, and any of our members, agents or partners, have no liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:
11.1.1 any loss of income or revenue, business, profits or contracts, and anticipated savings; 11.1.2 any loss or corruption of data;
11.1.3 any loss or damage which does not directly result from our failure to comply with this Agreement.
12. Risk and Title
12.1 The Products will be at your risk from the time of delivery.
12.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
13.1 We reserve the right to terminate this Agreement with immediate effect if you are in breach of any of the terms of the Agreement, or fail to make payment when due.
14. Events Outside Our Control
14.1 We, or any delivery and production service we use, will not be liable or responsible for any failure to deliver, or delay in production or delivery of, the Products that is caused by an Event Outside Our Control, as defined below.
14.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including but without limitation to, adverse weather conditions (such as snow, flood, storms), strikes or industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, earthquake, subsidence, epidemic or other natural disaster, road traffic accidents and road closures.
15. Law and Jurisdiction
15.1 These Terms, the Services and each Order and purchase of a Product are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to disputes arising in connection with these Terms. These Terms are offered in English only.
16. Engagement with our Team
16.1 We will always be polite & friendly to customers who get in touch with us, and ask that you engage with us in the same way. Abusive language and threats will not be tolerated in any communications with us, be it via email, live chat, over the phone, or on Social Media. The use of inappropriate language may prevent us receiving your emails or messages, as these are automatically filtered to remove abusive content.