These terms and conditions apply to the use of this Casually Hardcore Website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below.
If you do not agree to be bound by these terms and conditions you may not use or access this Website.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times.
Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Support Team by e-mail.
Set out below are the definitions of terms used throughout this website:
“Conditions” means these terms and conditions and any special conditions
“Product or Item” means a product or item displayed for sale on this Website
“Product Description” means that part of the Website where information regarding the individual product and any certain terms and conditions in respect of that individual product are provided
“Special Conditions” means any terms and conditions specified within the product description
“Users” means the users of the website collective
“Personal Information” means the details provided by you on registration
“We/us” means Casually Hardcore.
“Website” means the website located at www.casuallyhardcore.net or any subsequent URL which may replace it
“Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer
“United Kingdom” means England, Scotland, Northern Ireland, Wales and all BFPO addresses plus the Channel Islands
“International” means all European countries within the European Union (EU) and all other Worldwide countries
“You” means a user of this Website.
Use of the Website
You are provided with access to this website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions
You warrant that:
“The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects
“You will notify us immediately of any changes to your Personal Information by contacting our Customer Support Team by e-mail
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your member account and/or your Personal Information
We reserve the right to:
” Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password if applicable, this is not stored by us and is only passed on to cafepress to fulfil your order.
We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the Internet (eg. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”).
We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information, from which we can identify you, will only be used for the following purposes:
* Processing your orders
* For statistical or survey purposes to improve this Website and its services to you
* To serve website content and advertisements to you
* To administer this website
* And if you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003
We will not under any circumstances disclose or sell your Personal Information to any other body for marketing purposes without your explicit consent to do so.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
From time to time we may run a contest or a prize draw. When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. By entering any such competition or prize draw you consent to us that we may publish your name as a winner in any subsequent newsletter or on the website.
Purchase of products
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
If You are not satisfied with Your purchase because they are faulty, return the goods to Us together with the original packaging within 30 days for an exchange or a refund of the item price. This does not affect Your statutory rights.
Contract Creation and Electronic Contracting
The technical steps which You require to take in order for the transaction to be properly processed are as follows:
* You place the order for the Products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
* You will receive confirmation from cafepress that Your transaction has been processed.
* Receipt of a confirmation is evidence that we have received your order but does not constitute acceptance of such order.
* Order acceptance and the completion or the contract between You and Us will take place on the dispatch to You of the Products ordered unless We have notified You that we do not accept Your order, or You have cancelled it.
* Non-acceptance of an order may be a result of one of the following:
* The Product You ordered being unavailable from stock.
* Our inability to obtain authorisation for Your payment.
* The identification of a pricing or Product description error.
* You not meeting the eligibility to order criteria set out in these Conditions.
The transaction will be concluded in American English.
Non-acceptance of an order may be a result of one of the following:
1. The product you ordered being unavailable from stock.
2. Our inability to obtain authorisation for your payment.
3. The identification of a pricing or product description error.
4. You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in American English.
We accept all major credit cards.
Order Amendment or Cancellation
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than seven working days after the day on which you receive the Products and the item must be returned to us within 10 days of the order being received not including the day of receipt.
If you wish to exercise your right to cancel this contract after your order has already been dispatched please follow the procedure set out in our Returns procedure.
Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty.
These conditions will also apply to the following products:
Description of Products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.
Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
A discount voucher may only be used as part payment toward a new order and may not be exchanged for cash.
We reserve the right to withdraw the use of discount vouchers at anytime without giving notice.
Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
* Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
* Any loss of goodwill or reputation;
* Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Keep Calm and Carry On and you are expected to do. You confirm that, in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.