CHEEKY ZEBRA TERMS AND CONDITIONS OF BUSINESS
In these terms and conditions and our agrement these words have the following meanings:
(1) “Agreement” means the agreement between you, the buyer, and us for the provision of Products incorporating these Terms and Conditions of business, your Order Confirmation and our policies which are available on the Website.
(2) “Buyer” or “you” means you, the individual or business organisation that buys products from us.
(3) “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession as in section 2(3) of the Consumer Rights Act 2015.
(4) “Order Confirmation” relates to orders which you place online using our Website and means the email or text message confirming your order and describing your purchases.
(5) “Personalised” means any product which has been designed, made or changed to suit your needs and your order. For example, adding a name to the front of the card or printing a message inside the card.
(6) “Products” means the items/products, which are available for sale from the Website.
(7) “Supplier”, “we” or “us” means Cheeky Zebra of trading address 163 Peartree Road, Derby DE23 8NQ UNITED KINGDOM. Main email address is email@example.com. We are not registered for VAT.
(8) “Terms and Conditions” means this entire document
(9) “Website” means the Website and all content at www.cheekyzebra.com.
(10) “Working day” means any Monday to Friday inclusive, from 9 am to 5 pm, but excluding all public holidays in England and/or Wales, unless we agree in writing otherwise.
(11) The headings contained in this Agreement are for convenience only and do not affect their interpretation.
(1) Unless we have agreed something different in writing with you before you place an order, the Terms and Conditions subsisting at the time you place your order, together with the policies on the Website apply when you use this Website and/or place an order to buy products from us using this Website. If there is a contradiction between the policies on the Website and these Terms and Conditions these Terms and Conditions will take precedence.
(2) If you use the Website or place an order on behalf of someone else, you are confirming that you have the legal right to do so.
(3)(a) “GDPR” means EU 2016/679, the General Data Protection Regulation (GDPR).
(b) “Data Protection Legislation” means unless and until it is no longer applicable to our agreement, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and then any successor legislation to the GDPR.
3 ACCOUNT, PASSWORD AND SECURITY
(1) If you access any part of the Website after completing a registration process (this may be before you place an order), then you are responsible for keeping the username, password and your account details confidential – please also see our Website Use Terms at section 13.
(2) If you think there is a problem with the confidentiality of your account and/or details you must email us immediately at firstname.lastname@example.org.
(3) We will not be liable for any indirect or consequential loss or damage whatsoever resulting from your disclosure of your username and/or password or account details.
4 THE PRODUCTS AND PAYMENT
(1) Details of the products which we offer for sale are displayed on the Website and anything we sell must conform to our contract with you.
(2) We comply with the law and provide details about the main characteristics of products. Sometimes products may vary, for example when a manufacturer changes a pattern or size and what you see (particularly in so far as colours and shapes are concerned) depends on your display device and settings and we cannot guarantee that this will be accurate.
(3) From time to time the Website may provide feedback, including feedback about the products for sale. Feedback is generally the opinion of others and we do not advise you to rely on it. For example, feedback which contains the sizes of products may be an opinion rather than an accurate measurement. For more information about Feedback and uploading onto the Website see our Website Use Terms at section 13
(4) If you need any other information or you have any queries, please email us at email@example.com before placing your order.
(5) Where your order includes any Personalised Products:
(a) You are responsible for providing the relevant information as described in the product details displayed on the Website at the time you place your order. For more information about uploading onto the Website see our Website Use Terms at section 13
(b) We always recommend that you:
(i) keep a copy of anything which you upload (for example an image or text) and
(ii) use an insured and trackable method of posting if you send anything to us by post
(c) (i) Whilst we will use our best endeavours to look after your materials and anything which you send to us, you always retain ultimate responsibility and we advise that you always maintain an adequate, valid and current policy of insurance in respect of those items.
(ii) Whilst we take every care when working with any materials you supply you must be aware that we are not responsible for any loss or damage to your materials at any stage.
(d) Where applicable, once you have provided the relevant information, we are not responsible if you subsequently change your mind or do not like the finished product.
Price and Payment
(6) The price of the Products is inclusive of any VAT which may be due. Unless we have agreed something different in writing with you before you place an order, you must pay in full when you place the order. Our accepted payment methods are shown on the Website. Please check the terms and conditions of your payment provider.
(7) Where there are problems with your payment method then we will immediately cease or suspend the provision of any products until we receive full cleared payment. We charge interest on overdue payment at the rate of 5% per annum and are also entitled to recover all reasonable expenses incurred in obtaining payment from you.
(8) We deliver products to you and delivery prices will be provided at checkout – please see our Shipping and Delivery policy at section 11.
5 DISCOUNT AND OFFERS POLICY
(1) From time to time we may offer discount vouchers, codes, special offers, promotions or other types of offer (“Offers”) which may be made available to you when you place an order to buy from our Website.
(2) All of these offers are always subject to availability and are only available at our sole discretion. When you use any offer, you agree to be bound by its terms and conditions.
(3) Offers are not retrospective, not transferable and can not be exchanged for cash.
(4) You can only use one offer for each order - offers available on the Website can not be used in conjunction with any other offer you may find.
(5) We reserve the right to change the terms and conditions of any offer and can cancel or withdraw offers at any time, without notice.
(1) When you place an order with us you will be deemed to have accepted all of the terms and conditions and policies as displayed on the Website at the time of order.
(2) Once we accept your order, we will provide you with an order confirmation. We reserve the right to refuse any order. Until you receive our Order confirmation, if you are a consumer, the law means you will be able to withdraw from your contract with us.
(3) Before you place an order you should make sure that the Products you want to buy is suitable for your needs. Please also see our Responsibility for use of Products Policy at section 8.
(4) Except as expressly stated in the Terms and Conditions and policies on this Website or those statutory warranties which apply by law, particularly to consumers,
(a) all warranties, whether express or implied, by operation of law or otherwise, are excluded in relation to the products we supply for sale
(b) in so far as the law allows, we will not be liable for any loss or damage whatsoever as a result of any purchase. Your remedies are limited to damages which will not exceed £10 or the price of the products you purchased, whichever is greater.
(5) For shipping and delivery please refer to our Shipping and Delivery Policy at section 11.
7 OUR WEBSITE GIFT VOUCHER POLICY
(1) From time to time Gift Vouchers (in any format) may be purchased from us to buy items for sale on this Website (subject to availability), but can not be exchanged for products that have already been supplied to you or for cash and are not transferable for other benefit or value.
(2) You are responsible for providing the correct address (email or otherwise) for delivery of any gift voucher. We can not be held responsible if, for example, you provide an incorrect email address.
(3) Gift vouchers are valid for a period of 6 months from the date they are issued.
(4) If the value of your order is less than the value of the Gift Voucher, then you will receive the balance in the form of another Gift Voucher.
(5) If the value of your order is more than the value of the Gift Voucher, then you will have to pay the balance due using one of our accepted methods of payment.
(6) If you return any item which has been purchased using a Gift Voucher, then you will be issued with a refund in the form of a Gift Voucher and returns are subject to our usual Refund and Returns Policy at section 10.
(7) We can not accept any responsibility if a Gift Voucher is used without permission, lost, stolen, or destroyed and are we unable to provide replacements.
8 RESPONSIBILITY FOR USE OF PRODUCTS POLICY
(1) You are solely responsible for the use of any Products supplied.
(2) You should always read the product’s description and check that the Products are suitable for your own use before you buy. Where appropriate or where you feel necessary, please take relevant independent advice before using any product.
(3) You should always use Products only for the purposes for which the Products are intended. Where you are buying Personalised Products please also refer to the information about Uploading onto the Website in our Website Use Terms at section 13
(4) Products should always be tested, used, stored and maintained in accordance with any applicable manufacturer’s guarantee, instructions, advice, guidance, licence and information and you should take all care and precautions.
(5) We will not be responsible for any damages or losses incurred because you fail to follow such guidance or to take appropriate action, precautions and care
9 CANCELLATIONS POLICY – for consumers
(1) The law relating to distance contracts (such as contracts made online, over the phone or from a catalogue) means that Consumers have the right to cancel orders for some Products (some items like Personalised and perishable items are excluded from this). If this applies to you, then once you have received your order from us, you can change your mind and return the item to us.
(2) If you would like to return your order, then you should let us know this in writing. Please write to us by email at firstname.lastname@example.org or
by post to Cheeky Zebra, C/o Highcare Travel, 163 Peartree Road, Derby DE23 8NQ UNITED KINDGOM.
within 7 days of receipt of your order. Where you have received your order in more than one delivery, you have 7 days from the date you received the last item which completed your order. We will then help you with information about the returns method, about how and when to return the item to usHowever, once you have cancelled in writing, items can be returned to our address in the Seller’s Information section. Unless your item is faulty (see the Returns and Refunds Policy at section 10 for faulty or damaged Products), then you will be responsible for the costs involved in returning the item to us.
(3) Please return the Products to us within 14 days of the date you advise us of your cancellation, at your expense, to our address provided in our Seller’s Information section (or any other address we have otherwise agreed in writing with you). We always advise that you return Products using a service which provides you with proof of sending.
(4) We have a right, by law, to deduct an amount from your refund if you have diminished the value of the Products, beyond what is necessary to establish their nature, characteristics and function – i.e. “unreasonable use”.
(6) Unless you have lost the right to cancel, when you cancel an order for any Products, we will refund the amount you paid for the Products. However, if you have chosen any express or next day delivery options the cost of these services will not be reimbursed.
(7) Where you are cancelling an order for Products then we will refund you within 14 days of:
- the date we receive the Products
- when you provide us with proof of sending Products back to us
whichever is sooner. Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
(8) If you are unsure as to whether you are a consumer or whether you will have the right to cancel after buying from us, we advise you to check this before placing your order. You can contact us by email at email@example.com.
Please see our Returns and Refunds Policy at section 10 if you want to return Products which are damaged or faulty.
10 RETURNS AND REFUNDS POLICY - For faulty or damaged Products
(1) We hope that your item reaches you in perfect condition. However, if you do not receive your items or you receive damaged or faulty items please write to us
by email at firstname.lastname@example.org or
by post to Cheeky Zebra, C/o Highcare Travel, 163 Peartree Road, Derby DE23 8NQ UNITED KINGDOM
We ask that you please contact us within 7 days of receipt or the date you expected delivery, whichever is soonest. We will then assist you with information about the returns method – about how and when to return the item to us.
(2) Alternatively, you can return any faulty product to us using the postal address in the Seller’s Information section.
(3) Where you have returned a faulty item to us then, once we have checked/tested the product, we will either offer you a replacement (if we are able to do this) or refund.
(4) Products will not usually be considered to be faulty if a fault arises due to:
(a) abnormal use or working conditions, failure to follow instructions or guidance, misuse, alteration or unauthorised repair, wilful damage, improper maintenance or negligence on the part of any buyer, user or third party; or
(b) any subsequent mechanical, chemical, electrolytic or other damage, after risk has passed to you, which is not due to a defect in the Products.
(5) Where you have not received your order then we will offer you the choice or a replacement or a refund.
(6) Refunds are made within 14 days of receipt of the faulty item by us. We will refund you the cost of the faulty item, the amount you paid for delivery to you and the amount that you paid to return it to us using the shipping method we have agreed with you.
(7) Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
Please see our Cancellations Policy at section 9 if you are a consumer and want to return Products which are not damaged or faulty.
11 SHIPPING AND DELIVERY POLICY
(1) (a) Dependant on the product you order, you may be offered a range of shipping options. Shipping and delivery charges will be displayed on checkout and calculated for delivery to the shipping address you provide.
(b) Where applicable, only basic delivery charges (the cheapest) are refundable, unless the product we send you is damaged or faulty - see the Returns and Refunds Policy at section 10.
(2) Where we offer free shipping then, unless the product description or checkout says otherwise, this will be to an address in mainland England, Wales, Scotland or Northern Ireland. If you want to check whether the address you want to use is eligible for any offer of free shipping, please email us at email@example.com before placing your order.
(3) Unless otherwise displayed at checkout, or the product description or order confirmation says otherwise, we aim to dispatch Products to you within 2 working days of the date of accepting your order. The law says that we must dispatch Products to you within 14 days so if there is going to be a delay, we’ll let you know by the communication method you provided when placing your order so you can cancel your order or choose another product. However, dispatch and delivery times are only estimates, and we’re not responsible for late delivery or unavailability of Products.
(4) If for some reason we are unable to dispatch the exact product you have ordered then, at our discretion, we will contact you to either offer an alternative item or refund the price paid for that item.
(5) Once the Products have been dispatched the shipping timelines can be found on the Website or Order Confirmation. These shipping timelines are estimates only and cannot be guaranteed. If your Products do not arrive within 7 days after the latest estimated shipping date in accordance with the shipping timelines your Products will be deemed as having not arrived. Please see the Returns and Refunds Policy at section 10.
(6) The risk in any Products will pass to you when they are delivered to you.
(7) Taking delivery of Products is entirely your responsibility. If you have selected a shipping option which requires signature on receipt and are unable to take delivery, you are solely responsible for collecting the Products or re-arranging delivery with the shipping provider.
(8) Delivery of some Products may be by a service which requires a signature on receipt your signature, or that of someone on your behalf, confirms receipt of the Products but also the state of the package received – see (8) below.
(9) When you receive your order, it is your responsibility to carefully examine both the package (before it is opened) and the Products for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we ask that you please sign for the parcel, 'Received Damaged'. Please then follow the instructions in our Returns and Refunds Policy at section 10 should a return be necessary.
12 CUSTOMER SERVICES - QUERIES AND COMPLAINTS
(1) Customer satisfaction is important to us. We would like your shopping experience with us to be positive. Unless our description of any product or these Terms and Conditions advises otherwise, we do not offer any guarantees, but you can get after-sales help by writing to us
by email at firstname.lastname@example.org or
by post to Cheeky Zebra, C/o Highcare Travel, 163 Peartree Road, Derby DE23 8NQ UNITED KINGDOM
(2) If you have any queries or complaints, or would like to suggest any improvements, please write to us by email at email@example.com or by post to Cheeky Zebra, C/o Highcare Travel, 163 Peartree Road, Derby DE23 8NQ UNITED KINGDOM. We are not bound by any trade or professional approved code of practice, code of conduct or alternative dispute resolution.
(3) We aim to respond to any communication from customers within 14 days. If we think that it will take longer to deal with your issues, we will keep you informed.
(4) If your complaint is about a faulty or damaged item, please see our Returns and Refunds Policy at section 10. If you want to cancel your order, exercising your consumer rights, please see our Cancellations Policy at section 9.
(5) If your complaint is about our Website or anything on it, please see our Website Use Terms at section 13
13 WEBSITE USER TERMS
(1) By using us, this Website and buying from us, you confirm that you are aged 18 or over and accept these Terms and Conditions
(2) From time to time we will update the Terms and Conditions and policies, and the amendments take effect immediately, so please check the documents each time you use the Website.
Website use and intellectual property
(3) We own the Website, including everything that we upload/put on it (the content).
(4) The Website and all the content we upload is subject to copyright which belongs to us.
(5) As a user you are solely responsible for your use of our Website and agree that you will not in any way breach any of our rights, including intellectual property rights and copyright.
(7) All copyright, trademarks and all other Intellectual Property Rights in the Website and our content remain at all times vested in us or our licensors. This means that you must not breach any of our rights nor interfere with the proper workings of the Website.
Supply of Website
(8) The Website is available on an “as is” and “when available” basis so we use our reasonable endeavours to supply the Website but are not responsible for any failure to provide it. We may, without any liability, alter the Website or contents without prior notice.
(9) In addition, we make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the Website. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any email attachment or document we send to you.
(10) We make every effort to ensure that anything displayed on our Website, including any content, is displayed as accurately as possible but cannot be responsible for variations. What you see (particularly in so far as colours and shapes are concerned) depends on your display and settings and we cannot guarantee that this will be accurate.
(11) We reserve the right to vary or withdraw Products or services for sale or make changes to their price without any notice.
Account, password and security
(12) Full use of the Website may require you to open an account and complete the registration process by providing certain information and registering a username and password. Each person or organisation may only register once and have one account. Your full use of the Website may only become valid once your registration has been approved by us and we reserve the right to lawfully refuse registration which is exercised using our sole discretion. You are solely responsible for maintaining the confidentiality of the username and password and for all use and activities under your account. We will not be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
(13) Should any of your registration information change, please notify us immediately by email to firstname.lastname@example.org. We may also change registration requirements from time to time.
(14) You may not in any way transfer your registration/account or your obligations and we advise you not to allow anyone else to use your account without your express knowledge and permission.
(15) You also specifically confirm that you will:
(a) Notify us immediately of any unauthorised use, including any unauthorised use of your registration/account with the Website or any other known or suspected breach of security and
(b) Use your own reasonable efforts to immediately stop any such misuse.
Uploading onto the Website
(16) All Users agree and confirm that
(a) You are both expressly and solely liable for anything which you provide to us or upload onto the Website, or which you allow anyone to provide or upload on your behalf and
(b) You will adhere to our Acceptable Content Policy below - see section 13(17)
(c) You therefore specifically agree that we have no liability and that you will indemnify us for any loss relating to any actual or alleged breach of this clause.
(17) You should only provide or upload information (including text and images) which we deem acceptable onto the Website. Acceptable includes, but is not limited to, uploads which are fair, true and accurate and comply with all our Terms and Conditions and policies. Uploads which are misleading, discriminatory or breach any law or other person’s or organisation’s rights are unacceptable. You specifically agree that anything you provide or upload (or allow to be provided/uploaded using your account/details), including any feedback, onto the Website, in any form will:
(a) Not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information) whatsoever in nature,
(b) Not be, nor possibly be perceived to be, threatening, defamatory, libellous, discriminatory (in any form), malicious, offensive, bullying, against public decency, nor abusive, offensive or obscene in either language or content nor incite such behaviour in others.
(c) Not otherwise harass or invade the privacy of any individual or organisation.
(d) Not incite, promote or instruct as to any conduct as described above or which promotes any breach of our Terms and Conditions or any law and which will not in any way be illegal or contrary to any law.
(18) All Users agree that anything provided or uploaded onto the Website can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes, by us and any other person or organisation, without the User’s express permission and that it will not be subject to any copyright unless specifically marked as such by ©.
(19) Uploading onto the Website - licence to use - When you provide or upload anything onto the Website, the original ownership rights remain but you do specifically agree that we have a non-exclusive, worldwide, and payment and royalty-free sub-licensable licence for the whole of any period to display the upload and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your upload or any part thereof as necessary solely for the purposes of displaying your upload and operating the Website. This Licence will be terminated when such content is entirely deleted from the Website. You also waive all moral rights you have in the content to the fullest extent permitted by law.
(20) The Website may include links etc to third parties, including those who also offer you Products and services (e.g. payment services). When you click on any links you may be forwarded to third party Websites. We do not recommend, endorse nor have any control or responsibility over the third parties, or their Websites and it is your responsibility to ensure that you understand the terms and conditions of the third parties and their Websites.
Liability and indemnity
(21) To the extent that the law allows, we will not be held responsible for any damage, or loss whatsoever caused by your use of the Website.
(22) In the unlikely event that you have any right, claim or action against us, then your claim will be limited to the price of the Products you purchased which are the subject of the complaint or the sum of £10, whichever is greater
(23) You agree to completely indemnify us against all claims, liability, damages, losses, costs, and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of your obligations under our Terms and Conditions and policies.
Privacy & data protection
(1) (a) Assignment - You specifically agree that you cannot transfer, sell or share any rights provided by our Agreement in any way and nobody else can benefit but you without our express written consent.
(b) We reserve the right to transfer, sell, assign, delegate, convey, rent, subcontract or share all or any part of the rights, duties or obligations and provision of the Website.
(2) Third party rights - Nothing in our Agreement is intended to give any benefit to any third party (whether referred to herein by name, class, description or otherwise) or any right to enforce any Agreement with us.
(3) You agree that nothing in our Agreement will be deemed to create any partnership, joint venture or agency relationship between us.
(4) Notices should be sent by email to email@example.com or post to Cheeky Zebra, C/o Highcare Travel, 163 Peartree Road, Derby DE23 8NQ UNITED KINGDOM
and will be deemed to be received when
- Sent by email - on the Working day on which they were sent provided the sender has a valid successful delivery receipt.
- Sent by post by any tracked service, on the date that the relevant postal service obtains a record of receipt from or on behalf of the addressee.
(5) Force Majeure – We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we are entitled to a reasonable extension of our obligations.
(6) Waiver –Nothing in our Agreement and no express or implied waiver by us in enforcing any of our rights shall prejudice our rights to do so in the future.
(7) Invalidity - Each clause or any part at all of our Agreement is to be regarded as independent of the others. This means that should any clause or any part at all of our Agreement be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of our Agreement.
(8) Governing Law and Jurisdiction - Our Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.