Terms & Conditions
Terms & Conditions
Please read these Terms carefully before using the Website, as they contain binding legal terms and obligations.
The Website and the services offered through it are owned and operated by Final Creations whose details are provided below, at the end of these Terms (the "Company").
The Website may contain links to third party's websites or advertisement to third Parties. The fact that such links and advertisements are posted and presented on the Website is not an endorsement or representation of any kind of those websites or their policies and practices. Such websites are not being operated and/or monitored by the Company and therefore the Company does not assume any responsibility in any way for the policies and practices of any such third party, and encourage you to review the terms and policies of such linked websites before using them. Moreover, The Company takes no responsibility for any goods or services provided by third party advertisers. The Company will not be a party to or in any way be responsible for monitoring any transaction between you and any third party advertisers.
Permission to use the Website
In order to use the Website, you hereby represent and warrant:
If and to the extent that you purchase products through the Website (the "Goods"), you buy them as part or in the course of your business, trade or profession, or for you own private use whether to keep or pass on to others as awards or gifts.
If you are not located within the UK and/or if the Goods are to be sent by the Company, at your request, to any location outside the UK, you hereby warrant that your use of the Website does not violate any law or regulation, that the Goods can be legally sent to you or to such location, and that these Terms are binding under the laws of such place, at least to the same extent as they are in the UK. Please note that the Company makes no representation or warranty that the Website is appropriate or available for use at any location outside the UK.
You are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Subject to these representations and warranties, you are hereby granted the right and permission to use the Website, provided that: (i) you shall comply with these Terms; (ii) by using the Website you shall not infringe any law, agreement or third party's right; and (iii) you will not make any change or modification to the Website and/or copy any part of the Website, without The Company's prior written permission.
You should be aware that the Website is intended for and directed to residents of the United Kingdom and the Company makes no representation or warranty that the Website or any of the Goods are appropriate or available for use or delivery at any location outside the UK.
If you choose to access the Website from any other country, in which the laws governing the operation or use of websites are different than the laws of England and Wales, please be advised that your usage of the Website is governed by the laws of England and Wales, and that you are fully responsible for compliance with your local laws if and to the extent that such local laws are applicable.
Use of the Website
Your registration is solely for your use and is not transferable. You shall not authorise others to use your username and password. You are solely responsible for the use and maintenance of your username and password, and for all activities that occur through your account. You must keep your password secure and safe and the Company recommends you not to use simple passwords. You agree to notify The Company immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage that arises as a result of any failure to protect your password or account information.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or its content. The Company uses reasonable information security practices and will not be liable in the case of breach of implemented physical, technical and managerial security controls.
You agree not to use or launch any automated system, including without limitation, 'robots', 'spiders', 'offline readers' and such, that accesses the Website in a manner that sends more request messages to the Website in a given period of time than a human can reasonably produce in the same period. However, the Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases.
You may not use the site in any way that may be damaging or detrimental to the activities, operations, credibility or integrity of the site and the Company, or that may interfere with any third party's access use and enjoyment of the Website.
You may not create any link to the Website without the Company's prior written consent.
Intellectual Property Rights
All content and information on the Website including, without limitation, text, graphics, photos, images, sounds, video clips, promotional contests, interactive features, software and code, (collectively, "Content") is owned by the Company or its licensors and is protected by copyright and other intellectual property laws. All branding, trademarks, service marks and logos contained in the Website (collectively, "Marks") are the exclusive property of The Company or its licensors. The Content is provided to you “AS IS” for your information and may not, in whole or in part, be copied, modified, reproduced, distributed, transferred, transmitted, broadcasted, published, displayed, sold, licensed, or otherwise exploited in any manner and for any purpose whatsoever, without the prior written consent of The Company. The Company reserves all rights not expressly granted in the Content.
Accuracy of content
The Company does its best endeavors to ensure that all the information presented on the Website (including the prices quoted and the products' descriptions), is accurate. However errors can occur. If the Company discovers an error in the price or the description of a product that was ordered, it may cancel the order at any time until it is actually delivered.
Please note all sizes are approximate and usually provided by the manufacturers/suppliers and we cannot guarantee their exact size. All measurements are taken from the absolute bottom of an award up to the very heighest point, often the tips of the handles, so a 10" cup may be a 6" cup with a 2" base and having handles that extend 2" beyond the top of the cup .. it will be described as a 10" cup/trophy/award. Because the sizes are approximate please allow 5% to 10% difference either way.
To the extent permitted by any applicable law, the Company disclaims all warranties, express or implied, as to the accuracy of the Content, and the Company shall not be liable to any person for any loss or damage which may arise from the use of any of the Content.
The Order Process
If you decide to purchase products through the website, you may do so, by filling in the proper order form and submitting it. The form includes several parts in which you will select the Goods you wish to purchase, the delivery method and other related services (such as insurance), provide the Company with several personal details including your name, address and e-mail address and provide the Company with your credit card details. Please note that at any point, until the final submission of the form, you may clear all details or amend any of them.
You should be aware that by completing and submitting the electronic order form you will be making an offer to purchase the Goods from them Company, which, if accepted by the Company, will result in a binding contract. This contract will be filed by the Company, but will not be accessible to you.
Upon receiving the filled form, the Company shall confirm the receipt of the order. Please note that such confirmation is not an acceptance of your order, and that until you receive a final explicit acceptance of your order from the Company, the Company may, reject your order, in its sole discretion and for any reason, including due to reasons related to your credit history and credit checks. You should be aware that your card may be debited before the Company's acceptance is given and the contract is formed, and if your order is ultimately rejected, a full refund will be made immediately.
For the avoidance of doubt, any contract under these Terms or under the Website can only be concluded in English.
Prices and Payment
All prices and charges of the products on the Website are in UK pounds, and are inclusive of VAT (except where shown as exclusive) and exclusive of any other applicable taxes (except where shown as inclusive), customs charges, as well as any charges for delivery (shown separately) or for any additional services (e.g. insurance of the Goods).
The total cost of your order will be the sum of: (i) price of the Goods (ex VAT); (ii) the applicable delivery charges; (iii) any applicable VAT, taxes, customs and charges; and (iv) charges for any additional services (if applicable). The total cost of your order will be set out clearly before you submit your order.
The purchase can be made by only by Bacs or cheque.
As part of the order process, you will be asked to select the delivery method. The available delivery methods, the associated costs and the specifics of each delivery method depend, inter alia, on the type of products ordered and the location to which it is to be delivered. The Company makes every effort to keep the delivery charges as low as possible. You will be able to see all applicable charges before the final submission of your order.
When accepting your order, the Company will send you the expected date of delivery. You will be able to log-in to your account and view the Parcel Tracking number (if applicable), so that you can track your order. All deliveries must be signed for.
The Company does its best endeavours to meet the expected delivery times. However, deliveries are made by third parties and delivery times may be affected by factors beyond the Company's control and therefore cannot be guaranteed. The Company will make every effort to keep you informed in that respect.
Subject to the other provisions of these Terms the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle you to terminate or rescind the purchase of the Goods, unless such delay exceeds 90 days.
Missing, Damaged or Incorrect Orders
The Goods shall be at your risk from the time of delivery. You (and/or any person taking possession of the Goods on your behalf) shall be responsible to inspect the conditions and quantity of the Goods, upon collecting them. The acceptance of the Goods at the delivery point shall be deemed to be a confirmation of the condition of the Goods and of your acceptance of the Goods at such condition.
The Company does its best to ensure that you receive your order undamaged. If you do not receive all the Goods you have ordered, or in the unlikely event that a product arrives damaged or faulty, or if you have any other problem with the delivery, please contact Final Creations, Lower House Farm, Lower Road, Mackworth, Derby, Derbyshire, DE22 4NG. 01332 825 727.
The Company shall not be liable for any non-delivery of Goods, unless you give a written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time [or issuing a credit note] for the applicable amounts.
This section applies to you only if you are a natural person purchasing the Goods outside your trade or profession (for the purpose of this section "Customer"), and with respect to Goods purchased online from this Website only.
The right to cancel a purchase
If you are a Customer, you have the right (under the Consumer Protection (Distance Selling) Regulations 2000) to cancel the purchase, for any reason, at any time up to 7 working days after the day on which you receive the Goods.
How to arrange a return
In order to return the Goods, you need to notify the Company, in writing, upto 10 days after delivery and to receive the Company's authorisation and instructions.
Regardless of the reason for return of the Goods, you must take reasonable care of the Goods while they are in your possession and during transport back to the Company. Taking reasonable care means you must return the Goods in 'as new' condition, in their original packaging, with all the accessories you received with them. If you fail to take such reasonable care the Company may take action against you to recover any resulting loss and you may not be entitled to a full refund.
You will be responsible for the costs of returning the Goods back to the Company unless you are cancelling the order within 7 days because the Goods are damaged, defective or do not meet their description.
If you fail to return the Goods, or you send them at the Company's expense, the Company can charge you for the costs of the return, even if it has already refunded your money.
Provided the products are returned in accordance with the previous paragraphs, the Company shall endeavour to provide you with a full refund of the purchase price excluding delivery charges, no later than 30 days. Refunds shall be made by the original method of payment.
Please note that this is not intended to be a full statement of all your rights under the said regulations.
Warranties for the Goods
With respect to the warranties for the Goods, please refer to the relevant sections in the Terms and Conditions for the Purchase of Goods.
In the unlikely event of a fault in any Good, please contact us at Final Creations, Lower House Farm, Lower Road, Mackworth, Derby, Derbyshire, DE22 4NG. 01332 825 727.
Please retain your Delivery Note as a proof of purchase and a method for validating the date from which your warranty will start. It is essential to keep your Delivery Note to preserve the warranty. Please also retain the original packaging in case you need to return the product.
Warranty Disclaimer with respect to the Website
You expressly understand and agree that:
Your use of the Website is at your sole risk. To the maximum extent permitted by law and unless explicitly provided otherwise under these Terms, the Company, its officers, directors, employees, partners and agents disclaim any and all warranties, express or implied, in connection with the Website and your use thereof.
The Website and any hyperlinked third party websites are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and unless explicitly provided otherwise under these Terms, the Company disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
Unless explicitly provided otherwise under these Terms and to the extent permitted by law, the Company makes no warranties or representations about the accuracy or completeness of the Content or the content of any other websites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the Website.
To the maximum extent permitted by law and unless explicitly provided otherwise under these Terms, the Company makes no warranty that: (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error-free; and (iii) the results that may be obtained from the use of the Website will be accurate or reliable.
To the maximum extent permitted by law, no advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in the terms and conditions.
Limitation of Liability
In addition to the limitation of liability provided under the relevant sections in the Terms and Conditions for the Purchase of Goods, you expressly understand and agree that in no event the Company shall be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including loss of profit, resulting from: (i) the use or the inability to use the Website; (ii) errors, mistakes, omissions or inaccuracies of Content; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Website; and/or (vi) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company was advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents and partners from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, legal fees and disbursements resulting, directly or indirectly, or arising from: (a) your violation of these Terms; (b) your access, use or inability to access or use the Website or any website to which the Website is or may be linked from time to time; or (e) your violation of any law or regulation. This defense and indemnification obligation will survive these Terms and your use of the Website.