This document tells you the terms and conditions upon which we sell and supply the goods and services (the ‘Products’) listed on this website (‘www.crazygood.co.uk’) to you.
By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions.
You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you.
Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether we have changed these Conditions.
This Website is owned and operated by My Town Marketing (‘we’/’us’/’our’), a limited company, registered in South Africa.
You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
We will contact you by email or provide you with information by posting notices on our Website.
When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
The prices of the Products are quoted on the Website.
Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in the United Kingdom unless otherwise specified.
Unless otherwise stated, the prices quoted include delivery costs (in the case of goods), and VAT, if applicable.
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Products to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery of the goods and/or we have commenced providing the services.
Payment can be made by most major prepay, credit or debit card or through an electronic payment account as explained on the order form.
By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.
When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
By accepting these Conditions you:
Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the purchasing method you are using is your own and that there are sufficient funds to cover the cost of the Products ordered
Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
Any order placed by you constitutes an offer to purchase the Products from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time without providing an explanation. Orders are placed via our internet platform www.crazygood.co.uk
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
We will send a confirmation that we have received your order automatically by email. Orders received after 16:00 hours will be deemed as having been received the following working day
You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Products ordered by you from the Website.
You will be subject to the version of our policies and Conditions in force at the time that you order the Products from us.
TECHNICAL LIMITS & DIGITAL FILES
For any orders placed with us, we presume our customer to be the owner of any necessary copyrights relating to documents, images, logos, fonts, which are protected under the intellectual property laws.
Artwork files supplied to us must be in strict accordance with our Technical Specifications as set out and available on our website.
The customer must accept unreservedly the technical constraints associated with this type of printing:
- Trimming tolerances of 1mm
- Colour variations
- When reprinting jobs even from exactly the same files, we can’t guarantee that the colour rendering will be identical to the previous printed item.
- We will not be responsible when defects are present on the customers file in relation to trapping, fonts, image conversion, colour calibration etc
- The customer must be aware that the representation of colour that they see on screen is not a true and accurate representation of what the final printed product will look like. Additionally desk top printers or copiers will not present an accurate representation of how the final product will look when professionally printed.
- We may make modifications to the supplied file where it does not conform to our technical requirements (bleed, pantone colour conversion, RGB image conversion, etc). Similarly we reserve the right to refuse any order that does not conform to our DTP guide
- We will never be liable in the event that our technical requirements aren’t adhered to (as outlined in the DTP guide).
- We recommend that to mitigate against these risks our clients request a Fogra certified proof digital proof. This will give a fair representation of how the final product will look in advance of full production and will highlight any of the potential issues raised above.
- We will not undertake authors corrections on any supplied files and so in the instance where this is required we will ask the customer to make the amendments themselves and then re-supply the files to us for production.
The Products will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.
We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it.
All goods must be signed for by an adult aged 18 years or over on delivery.
Any dates quoted for delivering the goods and/or completing performance of the service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
We shall not be liable for any delay in delivering the goods and/or completing performance of the service, however caused.
The Products may be sent to you in instalments.
For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
RISK AND TITLE
The goods will be at your risk from the time of delivery.
Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery (in the case of goods) when applicable.
CANCELLING AND RETURNS
You may cancel your order for the Products at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing and work has not commenced. You can send us a cancellation notice by sending an email to firstname.lastname@example.org. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
Printed goods may not be cancelled after confirmation or we have gone to print.
Printed goods may not be returned for any reason.
Any other services may be cancelled, there will be a charge for any work that has been completed up to the point of cancellation or minimum contract period
Exception to the right to cancel
You will not have a right to cancel an order for goods and services purchased from us, in the following situations:
- If you expressly agree to us beginning to provide any services before the end of the cancellation period.
- The Contract is for goods which are bespoke or have been personalised.
- The Contract is for the supply of Audio or video recordings and computer software if unsealed by you
- Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
Damaged, faulty or wrongly delivered goods
We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, provided that within 3 working days of receiving the goods you return the goods to us and we must also be reasonably satisfied that:
- The goods have not suffered damage after delivery
- The goods in terms of which you are claiming a refund must have:
- Been damaged on delivery,
- Been delivered in a faulty condition when received,
- Have been delivered to you in error.
- Alternatively, at your option, instead of a refund (and subject to returning the goods as required under this clause) we will replace the goods with the same or a similar product.
Incorrectly priced or described Products
Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Products to you.
If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
If your order is cancelled or rejected and you have already paid for the Products, you will receive a full refund.
If you have a comment, concern or complaint about any Products you have purchased from us, please contact us via email at email@example.com
The content, trade marks and other intellectual property rights of the Website are protected by copyright.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes.
Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
LIABILITY AND INDEMNITY
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We will not be liable if the Website is unavailable at any time.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
We will not be liable, in contract (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or any loss of goodwill or reputation; or
any special or indirect losses; or any loss of data; or wasted management or office time; or
any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
You undertake that any review, feedback or rating that you write shall:
- Be factually accurate
- Contain genuinely held opinions.
- Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving.
- Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party.
- Not be used to impersonate any person, or to misrepresent your identity
- You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
- You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
- We reserve the right to publish, edit or remove any reviews without notifying you.
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
- Strikes, lock-outs or other industrial action
- Shortages of labour, fuel, power, raw materials
- Late, defective performance or non-performance by suppliers
- Private or public telecommunication, computer network failures or breakdown of equipment
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Acts, decrees, legislation, regulations or restrictions of any government
- Other causes, beyond our reasonable control
- Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period.
- We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
In order to monitor and improve customer service, we sometimes record telephone calls.
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
Every effort is made to keep information regarding stock availability on the Website up to date.
However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
All Contracts are concluded and available in English only.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
GOVERNING LAW AND JURISDICTION
The Website is controlled and operated in the United Kingdom.
Every purchase you make shall be deemed performed in England and Wales.
The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.