Terms and Conditions

Terms & Conditions – Business

Adamscreates business terms and conditions of supply.

IMPORTANT:

Please note that these terms and conditions only apply if you are buying products from us as a trade customer. Consumer purchases are subject to separate terms and conditions which can be accessed in a section at the end of these terms..

If you have a credit account with us please pay particular attention to condition 6. Please note that we do not sell products for export outside the United Kingdom.

1. General

1.1 – adamscreate.com and all associated pages (the Site) is owned by Adamscreate Limited, a company registered in England (company number 9704251) with a registered office at 16 Binley Road, Coventry. CV3 1HZ . Our VAT number is 251 6028 30

1.2 – You are registered with us as a business customer and these are the terms and conditions of sale (the Terms) that apply to transactions between you and us.

1.3 – The Contract is the contract between us and you for the sale by us and purchase by you of the Product in accordance with these Terms. By purchasing any products from us (the Products) and by using the Site or submitting orders in accordance with condition 2.3 you acknowledge that you have read and you agree to be bound by and comply with these Terms and that they supersede any alternative or previously used terms of supply.

1.4 – A working day is any day other than weekends and bank or other public holidays.

1.5 – In these Terms, the following rules apply:

  • 1.5.1 – A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  • 1.5.2 – A reference to a party includes its personal representatives, successors or permitted assigns.
  • 1.5.3 – A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
  • 1.5.4 – Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  • 1.5.5 – A reference to writing or written includes faxes and emails.

1.6 – You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. Any representations about the Products shall have no effect unless expressly agreed in writing and signed by one of our authorised representatives.

1.7 – Any samples, drawings, images, descriptive matter, or advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures or on the Site are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or any other contract between you and us for the sale of the Products.

2. Purchase of Products

2.1 – The placing of a Product on our Site is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been acknowledged and payment made).

2.2 – By placing an order in accordance with conditions 2.3, 2.4 and 2.5 below (Order), you will be deemed to be making an offer to purchase Products from us in accordance with these Terms.

2.3 – If we agree to allow you to open a managed trade account (a Trade Account) with us you may email, telephone or fax us with your Order. You shall ensure that the terms of your Order are complete and accurate. We will then manually input your Order into our online Site system to process the Order (such Orders shall be referred to as Manual Input Order(s)). You will then be sent an order acknowledgement containing details of your Manual Input Order which you must check for any errors, this is your responsibility. If you discover any errors you must notify us within 1 working day of the date of the Order acknowledgement otherwise we will not be able to make changes to the Order details and we are not responsible or liable to you for such errors unless we have failed to correct them following notification from you received within the 1 working day time limit.

2.4 – After placing an Order, including Manual Input Orders, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your order has been accepted.

2.5 – All orders, including Manual Input Orders, are subject to acceptance by us, we will notify you by email confirming whether we have processed your payment (the Payment Confirmation). At the same time, if we have accepted your Order, we will notify you of delivery dates. The contract between us (Contract) will only be formed when we send you the Payment Confirmation for your Order.

2.6 – The Contract will relate only to those Products which we have expressly confirmed in the Payment Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the acceptance of such Products has been confirmed in a separate Payment Confirmation.

2.7 – Any Order, including Manual Input Orders, (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you as soon as possible following the Payment Confirmation. Either us or you may then cancel the part(s) of the Order relating to the unavailable Product (including those Products which can be reasonably linked to the unavailable Product) or we will, where possible, give you the choice of purchasing an alternative from us (an Alternative). A full refund will be issued to you for all cancelled parts of your Order after we have received from you or sent notification of cancellation of the Order. If you choose to purchase an Alternative in accordance with this condition 2.7 these Terms will apply. If an Alternative is chosen and payment has already been taken for the Order we will refund to you any over-payment or, in the case of an underpayment, you will pay us any additional sums due in relation to the Alternative.

2.8 – The price of the Products will be as set out in condition 8. In the event that a Product is listed or quoted at an incorrect price due to an error, we will notify you within 14 days of the Payment Confirmation of the correct price by email, telephone or fax. Either us or you may then cancel the part(s) of the Order relating to the incorrectly priced Product (including those Products which can be reasonably linked to the incorrectly priced Product) or you may purchase the incorrectly priced Product(s) at the correct price. If you confirm you want to purchase the Product at the corrected price we will then arrange delivery of the Product to you. If payment has been taken for the Product and you cancel your Order we will, on return of the Product (if the Product has been sent out) issue a refund. If only some of the Products you ordered are mis-priced it will not affect the Order in relation to any Products which were priced correctly.

2.9 – You accept that any Products purchased which are listed as grade A, grade B, ex-display products or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have the warranty set out in condition 5.6.

3. Delivery

3.1 – The Products will be delivered to the address you give when you place your Order (Delivery Location) however we reserve the right not to make deliveries outside the United Kingdom.

3.2 – Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event (as defined in condition 15), your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products or make the Delivery Location available to us.

3.3 – Risk in the Products passes to you when the Products are signed for at the Delivery Location (including Manual Input Orders). We accept no responsibility for any damage to or loss of the Products after the risk passes.

3.4 – It is your responsibility to check the Products upon delivery. Upon receipt of your Order you will be asked to sign for the Products confirming receipt in good condition. If the Products do not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “unchecked”. Failure to do so may affect any warranty or other claims that you make thereafter.

3.5 – We will inform you as soon as possible after Payment Confirmation if we are unable to deliver the Products to you on the date requested by you and we will, in consultation with you, set an alternative delivery date or period. We shall not be liable to you for any damage or loss you incur as a result of delay in delivery.

3.6 – If you fail to accept delivery of the Products and without prejudice to any other rights and remedies available to us, we may store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance) and after a period of 21 working days resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs (including, without limitation, insurance), account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.

3.7 – The quantity of any consignment of Products as recorded by us upon despatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

3.8 – We shall not be liable for any non-delivery of Products (even if caused by our negligence) unless you give written notice to us of the non-delivery within 2 working days of the date when the Products would in the ordinary course of events have been received.

Our liability for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products. Please note that we ask that you use any credit note within 2 years of the date of issue.

4. Title/Risk

4.1 – Risk in the Products shall pass to you in accordance with condition 3.3.

4.2 – Title to the Products shall not pass to you until the later of the following:

  • 4.2.1 – we have received payment in full (in cash or cleared funds) for the Products and all other sums which are or which become due to us for sales of the Products or any other products to you; or
  • 4.2.2 – completion of delivery by our carrier.

4.3 – Until title to the Products has passed to you, you shall:

  • 4.3.1 – hold the Products on a fiduciary basis as our bailee;
  • 4.3.2 – store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
  • 4.3.3 – not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
  • 4.3.4 – maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date the risk passes to you in accordance with condition 3.3;
  • 4.3.5 – notify us immediately if you become subject to any of the events listed in condition 7.2; and
  • 4.3.6 – give us such information relating to the Products as we may require from time to time, but you may resell or use the Products in the ordinary course of your business.

4.4 – If before title to the Products passes to you, you become subject to any of the events listed in condition 7.2, or we reasonably believe that any such event is about to happen and notify you accordingly, then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any of your premises or of any third party premises where the Products are stored in order to recover them.

5. Defective Products and Warranty

5.1 – Where we are not the manufacturer of the Products, we will endeavour to transfer to you the benefit of any warranty or guarantee given to us in relation to the Products.

5.2 – Subject to conditions 2.9 and 5.6, we warrant on delivery and for a period of 28 days from the date of delivery (warranty period), the Products shall:

  • 5.2.1 – conform in all material respects with their description;
  • 5.2.2 – be reasonably fit for purpose; and
  • 5.2.3 – be reasonably fit for any particular purpose for which the Products are being bought if you have made known that purpose to us in writing and we have confirmed in writing that the Products are fit for use for that purpose, following the 28 day period, the Products will be subject to the terms of the manufacturer’s warranty. Such warranties will vary from Product to Product.

5.3 – Subject to condition 5.4 if:

  • 5.3.1 – you give notice in writing to us as soon as possible following (but in any event no later than 48 hours after) discovery that some or all of the Products do not comply with the warranty set out in condition 5.2; and
  • 5.3.2 – we are given a reasonable opportunity of examining such Products; and
  • 5.3.3 – you make available such Products for collection by us or our nominated representative or (if asked to do so by us) return such Products to our place of business at our cost using our nominated carrier,
  • 5.3.4 – we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.

5.4 – We shall not be liable for Products’ failure to comply with the warranty set out in condition 5.2 if:

  • 5.4.1 – you or your customer make any further use of such Products after giving notice in accordance with condition 5.3; or
  • 5.4.2 – the defect arises because of a failure to follow the oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice; or
  • 5.4.3 – the defect arises as a result of us following a specification supplied by you; or
  • 5.4.4 – you alter or repair such Products without our written consent; or
  • 5.4.5 – the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.

5.5 – Except as provided in this condition 5 and condition 10, we shall have no liability to you in respect of the Products’ failure to comply with the warranty set out in condition 5.2.

5.6 – Grade A, Grade B and Ex Display Products are highlighted as being such on our Site at the time you place your Order. For such products, given that no manufacturer’s warranty is available, the warranty and condition 5.2 shall be 90 days for grade A and ex-display and 30 days for grade B. Where products are grade A, grade B, ex-display or used stock it will be noted in the Product description on the site.

5.7 – You must check the Products on delivery and notify us promptly of any problems or issues and in any event within 2 working days of delivery by email, phone or fax if you have a Trade Account or, otherwise, via the eNotes section on the Site and return the Products to us within 5 working days of such notification from you by following our Returns Online procedure. Please note that risk of the Products in transit rests with you by virtue of condition 3.3.

5.8 – Please note that any Products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned Products that are not found to be defective will be returned to you and we may charge you for the returned transport costs via your original payment method or hold the Products until full payment has been received by us for the return transport costs.

5.9 – Any Products that you return to us are returned at your own risk, therefore you should take reasonable care that any Products to be returned are fully insured, correctly addressed and adequately packed and, if it is agreed by us that you are returning them yourself rather than using our returns collection service, carried by a reputable carrier.

5.10 – For Products to be exchanged or replaced, any additional payments required will be taken from you using the same payment method as for the original purchase made by you. Replacement Products will not be despatched until such payment has been received.

5.11 – Any refunds given under this Contract will only be made to the account(s) from which payment for the Products was received.

5.12 – Where we agree to accept unwanted Products back from you we reserve the right to charge you a re-stocking fee of the higher of 20% of the Product sales price or the sum of £20 which you agree to pay upon re-stocking. Any such returned Products must be unopened and in a fully resalable condition and if they are not or you have not paid the re-stocking fee we may refuse to accept the Products back. You have 5 working days in which to return unwanted Products.

5.13 – For faulty product, returns will only be accepted if the product itself is deemed to be defective by the manufacturer in accordance with the End-User Licence Agreement or it can be proven that the Licence Key has not been exposed. Adamscreate.com will replace any damaged or non-conforming Licence Key upon receipt of the manufacturer’s confirmation that the item is faulty.

6. Credit Accounts Orders

6.1 – You may apply to us in writing to set up a credit trade account which we may grant or refuse in our absolute discretion (Credit Account).

6.2 – If you have a Credit Account you will not have to pay the full sum upon ordering but may pay for any Products ordered by you by the 30th day of the month following the invoice date. All Credit Accounts which are also Trade Accounts are subject to condition 8.2.

6.3 – If you do not pay on time we may (without prejudice to our other rights and remedies) suspend your account and/or withdraw the Credit Account in our absolute discretion at any time by email notification to you and also charge interest in accordance with condition 8.5.

6.4 – For the avoidance of doubt, if you hold a Credit Account the provisions of this condition 6 apply in addition to the other Terms and also in addition to the Credit Account terms and conditions which have been provided when you open a Credit Account with us but if there is any conflict between the provisions of this condition 6 and the Terms, this condition 6 shall prevail for those with a Credit Account.

7. Insolvency/Incapacity

7.1 – If you become subject to any of the events listed in condition 7.2, or we reasonably believe that you are about to become subject to any of them and notify you accordingly, then, without limiting any other right or remedy available to us, we may cancel or suspend all further deliveries under the Contract or under any other contract between us and you without incurring any liability to you, and all outstanding sums in respect of Products delivered to you shall become immediately due.

7.2 – For the purposes of condition 7.1, the relevant events are:

  • 7.2.1 – a material breach by you of any of your obligations under this Contract; or
  • 7.2.2 – you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply; or
  • 7.2.3 – you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or makes a proposal for or enter into any compromise or arrangement with yours creditors; or
  • 7.2.4 – (being an individual) you are the subject of a bankruptcy petition or order; or
  • 7.2.5 – one or more of your creditors or encumbrancers attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days; or
  • 7.2.6 – (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up, other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or your solvent reconstruction;
  • 7.2.7 – (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you; or
  • 7.2.8 – (being a company) a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver; or
  • 7.2.9 – a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets; or
  • 7.2.10 – any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in conditions 7.2.1 to 7.2.9 (inclusive); or
  • 7.2.11 – you suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of your business; or
  • 7.2.12 – (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.

8. Prices and Payment

8.1 – The prices for the Products and delivery are as set out on the Site at the time of purchase or in the case of Manual Input Orders are as set out in our quotation or Order acknowledgement. In addition to the price you may be required to pay a delivery charge for the Products details of which are displayed on our Site or in the case of Manual Input Orders are as set out in our quotation or Order acknowledgement. Payment is due at the time of Order unless you have a Credit Account as set out in condition 6.

8.2 – Time for payment is of the essence of the Contract.

8.3 – The price for the Products shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts you shall pay in addition when you are due to pay for the Products.

8.4 – If you fail to pay us any sum due pursuant to the Contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

8.5 – Payments may also be made by credit or debit card, by BACS transfer, by PayPal, via your trade account or by cheque and we shall not despatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. For the avoidance of doubt, payments by cash will not be accepted.

8.6 – If you pay as set out in condition 8.6, your payment will be processed by a secure connection at the time you place your Order on the relevant section of the Site.

9. Export Terms

We do not sell Products for export outside the United Kingdom.

10. Limitation of our liability

10.1 – In respect of any breach of conditions 5.2 and 5.7 our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Site, to (at our option):

  • 10.1.1 – repairing or replacing the Products; or
  • 10.1.2 – refunding the amount paid by you in respect of the Products purchased.

10.2 – Subject to conditions 10.1 and 10.3 our aggregate liability in respect of all causes of action arising out of or in connection with the Products purchased under these Terms (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the Products delivered to you under these Terms.

10.3 – Notwithstanding anything in these Terms we do not exclude liability for:

  • 10.3.1 – death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • 10.3.2 – under section 2(3) of the Consumer Protection Act 1987;
  • 10.3.3 – fraud or fraudulent misrepresentation;
  • 10.3.4 – breach of the terms implied by section 12 of the Sale of Goods Act 1979;
  • 10.3.5 – for any deliberate breaches of these Terms by us that would entitle you to terminate the Contract between us; or
  • 10.3.6 – for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4 – We will not be liable for any indirect or consequential losses or for any of the following types of loss whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable:

  • 10.4.1 – loss of income or revenue;
  • 10.4.2 – loss of business;
  • 10.4.3 – loss of profits or contracts;
  • 10.4.4 – loss of anticipated savings; or
  • 10.4.5 – loss of data.

11. Complaints Procedure

We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at the address Adamscreate Ltd . 3 Broomfield Rd, Coventry CV5 6JW. Our aim will always be to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.

12. Entire Agreement

These Terms represent the entire understanding relating to the use of the Site and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms are reserved by us.

13. Severance

If any provision of these Terms is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms which shall remain unaffected.

14. Third Party Rights

A person who is not a party to this Contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

15. Force Majeure

15.1 – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2 – A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 15.2.1 – strikes, lock-outs or other industrial action;
  • 15.2.2 – civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • 15.2.3 – fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 15.2.4 – impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 15.2.5 – impossibility of the use of public or private telecommunications networks;
  • 15.2.6 – the acts, decrees, legislation, regulations or restrictions of any government.

15.3 – Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. Variation

We may vary these Terms in relation to future sales from time to time by publishing new Terms on the Site or by otherwise notifying you of our new Terms.

17. Notices

All notices given by you should be sent to us using one of the following methods of communication:

17.1 – Post: Adamscreate Ltd 3 Broomfield Rd, Coventry CV5 6JW

17.2 – Fax: 02476717132

17.3 – Email: sales@adamscreate.com

We may give notice to you at either the email or postal address you provide to us when placing an Order. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

18. Our right to vary these Terms

We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Payment Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19.Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of England. Disputes arising in relation to this Site or these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Terms & Conditions – Consumer

Adamscreates consumer terms and conditions of supply.

IMPORTANT: Please note that these terms and conditions only apply if you are buying products from us as a consumer. Trade Customers are subject to our trade terms and conditions which can be accessed at the top of this page.

This page (together with our returns policy and any other documents referred to on this page) tells you the terms and conditions (Terms) on which we supply any of the products (Products) listed on our website Adamscreates.com and all associated pages (our Site) to you. Please read these Terms carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.

By clicking the button marked ‘Pay Now’ you accept the Terms. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from our Site.

1. General

1.1 – The Site is operated by Adamscreates (UK) Limited (we). We are registered in England and Wales under company number 9704251 and with our registered office at 16 Binley Road Coventry CV3 1HZ. Our main trading address is 3 Broomfield Rd, Coventry CV5 6JW. Our VAT number is 251 6282 30

1.2 – In these Terms, the following rules apply:

  • 1.2.1 – A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  • 1.2.2 – A reference to a party includes its personal representatives, successors or permitted assigns.
  • 1.2.3 – A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
  • 1.2.4 – Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  • 1.2.5 – A reference to writing or written includes faxes and emails.

2. Use of the Site and Service availability

2.1 – Your use of the Site is governed by our Terms of Website Use. Please take the time to read these terms, as they include important terms which apply to you.

2.2 – Our Site is only intended for use by people resident in the United Kingdom (mainland only) and we reserve the right to not accept orders from individuals resident elsewhere.

3. Your status

By placing an order for Products through our Site (Order), you warrant that:

3.1 – you are legally capable of entering into binding contracts;

3.2 – you are at least 18 years old;

3.3 – you are resident in the United Kingdom (mainland, Channel Islands, Isle of Man and Isle of Wight only);

3.4 – you are accessing our site from the United Kingdom (mainland, Channel Islands, Isle of Man or Isle of Wight); and

3.5 – if you are purchasing digital downloads from our Site, you will download such Products from the United Kingdom.

It is a crime to use a false name or a known invalid payment method to place an order. Anyone caught deliberately entering an incorrect or fictitious name or using a payment method that is known to be invalid to place an order will be prosecuted to the fullest extent of the law. We may track every order placed on our Site to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our Site.

4. How the Contract is formed between you and us

4.1 – After placing an Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Product. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that your payment has been processed (the Payment Confirmation) The contract between us (Contract) will only be formed when we send you the Payment Confirmation.

4.2 – The Contract will relate only to those Products we have confirmed in the Payment Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Payment Confirmation.

4.3 – Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our Site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and us for the sale of the Products.

4.4 – If any of these Terms conflict with any term of the Order, these Terms will take priority.

4.5 – We shall assign an order number to the Order and inform you of it in the Payment Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.

4.6 – If we are unable to supply you with Products, for example because those Products are not in stock or are no longer available, we will inform you of this by email and we will not process your Order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

5. Your right to cancel

If you wish to return a Product which is faulty please refer to clause 9.

5.1 – Subject to clause 5.3, you have a legal right to cancel an Order which begins on the date of the Payment Confirmation and ends 14 days following the day after you receive your Products. This means that during this period if you change your mind or for any other reason you decide you do not want the Products, you can notify us of your decision to cancel the Order and receive a refund.

5.2 – To cancel a Contract, you must inform us in writing in one of the following ways:

– Phone or email. Call customer services on 0844 692 3007 or email us at customerservice@adamscreates.com. Please provide your name, home address, details of the Order and, where available, your phone number and email address.

– By post. Print off the form and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form. We will need to receive this form within the cancellation period.

5.3 – You will not have any right to cancel a Contract for the supply of any of the following Products:

5.3.1 – computer software which has been unsealed;

5.3.2 – consumable goods except where a fault has been discovered that could not have been identified without unsealing the Products; and

5.3.3 – digital downloads once you have begun to download the digital content.

6. Availability and delivery

6.1 – Your Order will be fulfilled by the delivery date set out in your order confirmation or dispatch email or, if no delivery date is specified, then, subject to clauses 6.3 and 6.5, within 30 days of the date of the Payment Confirmation. We ask that you inform us if you have not received your Products within seven days of the delivery date.

6.2 – Delivery will take place when we deliver the Products to the address specified in your Order. Unfortunately, we may not be able to change the delivery address after your order has been dispatched. If you wish to change the delivery address after your Order has been dispatched and if we are able to process the change, a charge of up to £10 will be made (a redirection approval is subject to your order and account status).

6.3 – Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required and all of the Products are available.

6.4 – If our supply of the Products is delayed by a Force Majeure Event (see clause 14) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for delays caused by the Force Majeure Event but if there is a risk of substantial delay, you may contact us to end the Contract and receive a refund.

6.5 – Someone will need to be present at the delivery address to accept the Order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

6.6 – If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and refund any money which you have paid. We reserve the right to deduct our reasonable costs.

6.7 – You have legal rights if we deliver any Products late. If, subject to clause 6.4, we miss the delivery deadline for any Products and if any of the following apply then, unless we agree otherwise with you, you may treat the Contract as at an end straight away:

6.7.1 – we have refused to deliver the Products;

6.7.2 – delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or you told us before we accepted your Order that delivery within the delivery deadline was essential.

7. Risk and title

7.1 – The Products will be at your risk from the time of delivery.

7.1 – 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.

8. Price and payment

8.1 – The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error (please refer to clauses 8.4 and 8.5 below).

8.2 – These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information

8.3 – Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Payment Confirmation.

8.4 – Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8.5 – We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Payment Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.6 – We accept payment by Visa, Visa Electron, Mastercard, Maestro, Paypal or finance arranged through one of our third party partners. We shall not dispatch any Products until we receive cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right not to ship to unconfirmed addresses.

8.7 – Your credit/debit card details will be encrypted by us to minimise the possibility of unauthorised access or disclosure. Please refer to our privacy and cookies policy for more details. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or email.

9. Your right to reject the Products / if the Products are faulty

9.1 – If you have any questions or complaints about the Products, please contact us. You can contact us by telephoning our customer service team at 0844 692 3007, by writing to us at Adamscreates Ltd, 3 Broomfield Rd, Coventry CV5 6JW or customerservice@adamscreates.com

9.2 – The statutory rights summarised below are in addition to any manufacturer’s warranty which is offered with your Products, such warranties will vary from Product to Product.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your goods your legal rights entitle you to the following:

– up to 30 days: if your item is faulty, then you can get a refund;

– up to six months: if your faulty item cannot be repaired or replaced, then you are entitled to a full refund, in most cases; and

– if you experience a fault after six months, you may still be entitled to a repair or replacement, or, if that does not work, some of your money back. This will depend on the expected life of your product and the duration of the manufacturer’s warranty; and will only apply for a maximum of six years.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

– if your digital content is faulty, you are entitled to a repair or a replacement;

– if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back; and

– if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

9.3 – For more information about returning Products, see our Returns Policy.

10. Repairs, replacements and refunds

10.1 – When you return a Product to us:

10.1.1 – because you have cancelled the Contract between us within the 14 day cooling-off period, we will process your refund in accordance with clause 5.2;

10.1.2 – for any other reason (for instance, because you claim that the Product is defective) we will examine the returned Product and, if you are entitled, we will notify you by email within a reasonable period of time of our intentions to either repair, replace or refund. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect for a refund of a Product returned by you because of a defect, it will be refunded as per our refunds policy (we reserve the right to verify that there is a fault), including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us, up to a maximum of £3.50. This will only be refunded upon the receipt of proof of the carriage costs. If you are entitled to a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product.

10.2 – Non-faulty returns will not be accepted for electronic software downloads unless you inform us within 7 working days of receipt of the item and it can be proven that the Licence Key has not been viewed. For faulty Products, returns will only be accepted if the product itself is deemed to be defective by the manufacturer in accordance with the End-User Licence Agreement or it can be proven that the Licence Key has not been exposed. We will replace any damaged or non-conforming Software Product Key upon receipt of the manufacturer’s confirmation that the item is faulty. We do not cover faults caused by accident, neglect, misuse or normal wear and tear.

10.3 – If an Order is over 6 months old and we have confirmed that the Product is defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.

10.4 – Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and paid back into the same account.

11. Our liability

11.1 – Subject to clause 11.2, we warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.

11.2 – You accept that any Products purchased which are listed as grade A, grade B, ex-display products or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a warranty of 90 days for grade A and ex-display and 30 days for grade B. Where products are grade A, grade B, ex-display or used stock it will be noted in the Product description on the site.

11.3 – Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the Product you purchased.

11.4 – This does not include or limit in any way our liability:

11.4.1 – death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

11.4.2 – under section 2(3) of the Consumer Protection Act 1987;

11.4.3 – for fraud or fraudulent misrepresentation;

11.4.4 – for any deliberate breaches of these Terms by us that would entitle you to terminate the Contract between us; or

11.4.5 – for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.5 – We will not be liable for any indirect or consequential losses or for any of the following types of loss whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable:

11.5.1 – loss of income or revenue;

11.5.2 – loss of business;

11.5.3 – loss of profits or contracts;

11.5.4 – loss of anticipated savings; or

11.5.5 – loss of data.

12. Data Protection

12.1 Except as expressly set out in these Terms, all use of your personal information will be made in accordance with our privacy and cookies policy.

13. Events outside our control

13.1 – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

13.2 – A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

13.2.1 – strikes, lock-outs or other industrial action;

13.2.2 – civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

13.2.3 – fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

13.2.4 – impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

13.2.5 – impossibility of the use of public or private telecommunications networks;

13.2.6 – the acts, decrees, legislation, regulations or restrictions of any government.

13.3 – Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. Other important terms

14.1 – Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you 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.

14.2 – All notices given by you to us must be given to 3 Broomfield Rd, Coventry CV5 6JW or by email to sales@adamscreates.com. We may give notice to you at either the email or postal address you provide to us when placing an Order. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

14.3 – The Contract between you and us is binding on you and us and on our respective successors and assigns.

14.4 – You may only transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it if we agree in writing.

14.5 – If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

14.6 – Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

14.7 – We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

14.8 – We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

14.9 – You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Payment Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

14.10 – The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.11 – These Terms are governed by English law. You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

Adamscreates (UK) Limited
3 Broomfield Rd,
Coventry
CV5 6JW.
VAT registration number 251 6282 30

Copyright © 2019 adamscreate, Inc. All rights reserved. Company No. 09704251