Privacy Policy, Terms and Conditions and Use of Website


Privacy Policy

Cherished Art & Designs Ltd ("we" or “us”) is committed to protecting and respecting your privacy.

This policy (together with our Terms of Website Use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us in adherence with the prevailing law relevant at the time. . Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By submitting personal data to us, you agree to us using your data as follows.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Cherished Art and Designs Ltd of 130 Mytchett Road, Camberley, Surrey. GU16 6ET

 

Information We May Collect From You

We may collect and process the following data about you:

  • Information that you provide by filling in forms on our site cherisheddesigns.uk  (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion and when you report a problem with our site.

  • If you contact us, we may keep a record of that correspondence.

  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

  • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

 

Addresses and Cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. As such you are agreeing to the use of cookies by continuing to use this site and all use of cookies will be processed by us in adherence with the prevailing law relevant at the time.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern.

  • To store information about your preferences, and so allow us to customise our site according to your individual interests.

  • To speed up your searches.

  • To recognise you when you return to our site.

 

We may also use Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, show our ads on sites across the Internet. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to our website.

The following types of cookie may be used during your visit to our site:-

  • session cookies that are deleted after each visit.

  • persistent cookies are valid across visits and, for example, are used to avoid the need to tell us your country of residence at the start of each visit.

  • email cookies which are set on your computer by an email from us, but are accessed by our site when you use our site.

  • third party cookies that are used by our partners, for example, to help us measure site visitors or to serve our ads.

You may at any stage refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. By continuing to use our site without activating your browser to block cookies, you agree to us using cookies on our site.

 

 

Terms and Conditions

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that when placing an order you will be asked to agree to these Terms.

If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference. We will not file a copy of the Contract between us. We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on 1st May 2020. These Terms, and any Contract between us, are only in the English language.

 

1.Information about us

1.1 We operate the website www.cherisheddesigns.uk  We are Cherished Art and Designs Limited, a company registered in England and Wales under company number 10534619 and our registered office address is 130 Mytchett Road, Mytchett, Camberley, Surrey. GU16 6ET

1.2 To contact us, please see our Contact Us page https://www.cherisheddesigns.uk/contact

 

2. Our Products

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, because our Products are vintage and all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.

2.3 The packaging of the Products may vary based on what item has been ordered.

2.4 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.

2.5 You acknowledge that our Products are designed for domestic use only and do not use commercial grade upholstery (except where specified with regard to office furniture) or other materials.

Important note on the condition of our products
Please note that all of our items are vintage or, in the case of more modern furniture, previously used. As such even if described as in excellent condition they will show some signs of wear. We will always do our best to show any signs of wear in the photographs that accompany our listings but this can be difficult with certain materials such as chrome and glass which are reflective. On this basis if you would like to view any item before purchasing you are welcome to do so. Please contact us and we will arrange a mutually convenient appointment for you to visit our storage facility.

 

3. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important information and terms which apply to you.

 

4. If you are a consumer

This clause 4 only applies if you are a consumer and not purchasing our Products in a business capacity.

4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

5. If you are a business customer

This clause 5 only applies if you are purchasing our Products as a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

 

6. How the contract is formed between you and us

6.1 In order to place an order, you should follow the steps set out below:

  • (a) Click on the Product that you would like to purchase and note the cost and number of items included in the price;

  • (b) Phone or email us to confirm availability and delivery (or pick up details) and payment options;

  • (c) Complete the online forms that will be sent to you once the price and delivery costs have been confirmed as instructed and place your order by clicking on the “Pay Now” button for the PayPal invoice.

6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and that your payment confirmation email will follow. The Contract between us will only be formed when we send you the Payment Confirmation.

6.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order.

 

7. Our right to vary these terms

7.1 We may revise these Terms from time to time in the following circumstances:

  • (a) changes in how we accept payment from you;

  • (b) changes in relevant laws and regulatory requirements.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

 

8. Your consumer right of return and refund

This clause 8 only applies if you are a consumer.

8.1 If you are a consumer, you have a legal right to cancel a Contract (under Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013) during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

8.2 Your legal right to cancel a Contract starts from the date of the Payment Confirmation, which is when the Contract between us is formed. Where products have already been delivered to you, you have a period of 14 (fourteen) calendar days in which you may cancel the Contract, starting from the day on which you (or someone you nominate) receives the Product. We do not offer a free returns or collection service nor do we refund any postage cost you may incur to return the goods. If returning an item by mail we recommend that you request a proof of postage.Items requiring collection will incur a charge equal to the cost of making a delivery to the postcode we are collecting from. When processing your return we will book a convenient date for collection with you when taking the payment. Faulty or damaged items are replaced without the collection fee.

8.3  If you have changed your mind and wish to cancel a Contract, please contact us in writing before the expiry of the deadline referred to in clauses 8.2 to tell us clearly that you wish to cancel by sending an e-mail or by sending a letter to Cherished Art and Designs, 130 Mytchett Road, Mytchett, Camberley, Surrey. GU16 6ET. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

8.4  On cancellation of a Contract, you will receive a full refund of the price you paid for the Products and a full refund of any applicable delivery charges you paid for. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. We will make any refunds due to you as soon as possible and in any event your refund will be made within 14 days of your telling us you have changed your mind.

8.5  If you cancel the Contract after the Products have been delivered to you:

  • (a) you must make the Products available for a collection as soon as reasonably practicable and in any event no later than 14 days after the date of your cancellation and we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; or you can organise your own delivery back to us.

  • (b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

8.6  We refund you by cheque or bank transfer. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product, if this has been caused by your handling them in a way which would not be permitted in our storage facility. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

8.7  Details of your legal right to cancel and an explanation of how to exercise it are provided in the Payment Confirmation.

Important note on the condition of our products
Please note that all of our items are vintage or, in the case of more modern furniture, previously used. As such even if described as in excellent condition they will show some signs of wear. We will always do our best to show any signs of wear in the photographs that accompany our listings but this can be difficult with certain materials such as chrome and glass which are reflective. On this basis if you would like to view any item before purchasing you are welcome to do so. Please contact us and we will arrange a mutually convenient appointment for you to visit our storage facility.

 

9.If there is a problem with the Product

9.1 Your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract. See below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

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 Product your legal rights entitle you to the following:

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

9.2  Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must deliver them back to us in the same condition as they were delivered to you. We do not refund collection or return delivery costs.

9.3  If you have however returned Products to us under clause 9 because you consider they were mis-described, we will refund the price of the Product in full and any applicable delivery charges – but, as to whether or not they were mis-described, that is a matter for us to decide upon. However, we will always do our best to resolve issues with our customers in a fair, open and honest manner.

Important note on the condition of our products
Please note that all of our items are vintage or, in the case of more modern furniture, previously used. As such even if described as in excellent condition they will show some signs of wear. We will always do our best to show any signs of wear in the photographs that accompany our listings but this can be difficult with certain materials such as chrome and glass which are reflective. On this basis if you would like to view any item before purchasing you are welcome to do so. Please contact us and we will arrange a mutually convenient appointment for you to visit our storage facility.

 

10.Delivery

10.1 Your order will be fulfilled by the estimated delivery date set out during checkout and on your order confirmation email, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

10.2 Delivery will be completed when we deliver the Products to the address you provide us with.

10.3 As soon as the Product is available for delivery, we shall, subject to the separate provisions regarding International and Worldwide deliveries, contact you by telephone or email on the email address or telephone number that you submitted on the order and will explain the delivery process.

10.4 All deliveries are based on various levels of delivery service, depending on your requirements, and this will be discussed with you in advance of payment. Unless otherwise stated delivery is an additional charge.

10.5 Alternatively you may pick up the items free of charge from our storage facility located at: Newbury, Berkshire.

10.6 You must examine the Product on arrival before you sign for the Product to confirm delivery. For collection in either person or by courier we will require details of the person or company picking up the items in advance along with a valid ID.

10.7 If no one is available at your address to accept and sign for a delivery a redelivery fee will be charged that may be equal to the initial delivery cost. If you fail to rearrange delivery within 30 days your order will be cancelled.

10.8 You own the Products once we have received payment in full, including all applicable delivery charges.

10.9 Delivery is not guaranteed beyond the ground floor unless the product can be moved in a lift or alternative delivery prices, terms and arrangements have been quoted, paid and agreed in advance.

 

11. International & Worldwide delivery

11.1 Your order will be fulfilled by the estimated delivery date set out during checkout and on your order confirmation email, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. PLEASE NOTE: any cost for International delivery excludes any potential custom charges and duties as detailed in 11.10 and 11.11.

11.2 Delivery will be completed when we deliver the Products to the address you provide us with.

11.3 As soon as the Product is available for delivery, we shall, subject to the separate provisions regarding International and Worldwide deliveries, contact you by telephone or email on the email address or telephone number that you submitted on the order and will explain the delivery process.
11.4 All deliveries are based on various levels of delivery service, depending on your requirements, and this will be discussed with you in advance of payment. Unless otherwise stated delivery is an additional charge.

11.5 Alternatively you may pick up the items free of charge from our storage facility located at: Newbury, Berkshire.

11.6 You must examine the Product on arrival before you sign for the Product to confirm delivery. For collection in either person or by courier we will require details of the person or company picking up the items in advance along with a valid ID.

11.7 If no one is available at your address to accept and sign for a delivery a redelivery fee will be charged that may be equal to the initial delivery cost. If you fail to rearrange delivery within 30 days your order will be cancelled.

11.8 You own the Products once we have received payment in full, including all applicable delivery charges.

11.9 Delivery is not guaranteed beyond the ground floor unless the product can be moved in a lift or alternative delivery prices, terms and arrangements have been quoted, paid and agreed in advance.

11.10 If you order Products from our site outside the UK and EU for delivery to an International Delivery Destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that this charges are your responsibility and we have no control over these charges and cannot predict their amount.

11.11 You will be responsible for payment of any such import duties and taxes, potential X-rays and examinations. Please contact your local customs office for further information before placing your order.

11.12 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

 

12. Price of Products and delivery charges

12.1 The prices of the Products will be as quoted on our site and may change from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, we will inform you of this and will not be bound by any price shown if incorrect.

12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Payment Confirmation.

12.3 Product prices do not include delivery costs unless otherwise stated  - for example, in any promotion we may offer.

 

13. How to pay

13.1 You can only pay for Products using a debit card, credit card or PayPal, although under special circumstances we may allow cash on collection in person. All payments are transacted via the PayPal service.

13.2 Payment for the Products and all applicable delivery charges is in full at the point of order. Upon receiving your order we carry out a standard pre-authorisation check to ensure there are sufficient funds to fulfil the transaction.

13.3 For more information on vouchers and discounts, please see our dedicated Promotional Codes and Discounts Terms and Conditions as detailed below.

 

 

Promotional Codes and Discounts

  • Promotional codes entitle you, at the time of ordering, to a saving equivalent to the discount advertised at the time.

  • Cherished Art and Designs Limited reserves the right to decline orders where, in its opinion, a promotional code is invalid for the order being placed.

  • Promotional codes cannot be used in conjunction with any other offers or promotions. Offers are not valid on sale items or other discounted products.

  • Promotional codes have no monetary value and cannot be exchanged for cash.

  • In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value will be returned to the customer. The promotional discount will not be applied to replacement items, if the offer is still valid at the time of making a return – you should place a new order using the original promotional code (if still applicable).

  • FREE delivery - where a free delivery option is being used as part of a promotion, delivery may take up to 6 weeks.

  • For any additional information, please contact our customer care team by calling 03300 535067

 

 

14. Our liability if you are a business

This clause 14 only applies if you are a business customer.

14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes..

14.2 Nothing in these Terms limit or exclude our liability for:

  • (a) death or personal injury caused by our negligence;

  • (b) fraud or fraudulent misrepresentation;

  • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

  • (d) defective products under the Consumer Protection Act 1987.

14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  • (a) any loss of profits, sales, business, or revenue;

  • (b) loss or corruption of data, information or software;

  • (c) loss of business opportunity;

  • (d) loss of anticipated savings;

  • (e) loss of goodwill; or

  • (f) any indirect or consequential loss.

14.4 Subject to clause 14.2 and clause 14.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.

14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

15. Our liability if you are a consumer

This clause 15 only applies if you are a consumer.

15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, (unless the products were intended as such) and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

16.Events outside our control

16.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.

16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation any actions, inactions or delays of our manufacturers and suppliers, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  • (a) we will contact you as soon as reasonably possible to notify you; and

  • (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

17. Communications between us

17.1 When we refer, in these Terms, to "in writing", this will include email.

17.2 If you are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending us an e-mail or by sending a letter to 130 Mytchett Road, Camberley, Surrey. GU16 6ET

  • Alternatively you may wish to use the model cancellation form, but this is not obligatory. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

  • (b) If you wish to contact us in writing for any other reason, you can send this to us by pre-paid post to the address listed above or by sending us an email.

17.3 If we have to contact you or give you notice in writing, we will do so by e-mail.

17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

 

 

Use of our website

18.1 Accessing Our Site

  • (a) We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

  • (b) You are responsible for making all arrangements necessary for you to have access to our Site.

  • (c) You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

18.2 Your account and password (if applicable)

  • (a) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

  • (b) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

18.3 Intellectual property rights

  • (a) We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

  • (b) You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

  • (c) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

  • (d) Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

  • (e) You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

  • (f) If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

18.4 No reliance on information

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

18.5 Limitation of our liability in relation to your use of our site

  • (a) Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

  • (b) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

  • (c) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, our Site; or

    • use of or reliance on any content displayed on our Site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

  • (d) If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • (e) We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

  • (f) We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  • (g) Limitations and exclusions of liability applying to liability arising as a result of the supply of any Products by us to you are set out in clause 14 and 15 above.

18.6 Viruses

  • (a) We do not guarantee that our Site will be secure or free from bugs or viruses.

  • (b) You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

  • (c) You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

18.7 Linking to our site

  • (a) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

  • (b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

  • (c) You must not establish a link to our Site in any website that is not owned by you.

  • (d) Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

  • (e) We reserve the right to withdraw linking permission without notice.

  • (f) If you wish to make any use of content on our Site other than that set out above, please contact us on +44 (0) 3300 535067

18.8 Third party links and resources in our site

  • (a) Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

  • (b) We have no control over the contents of those sites or resources.

 

19. Other important terms

19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

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

19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

19.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Media enquiries:
If you are a member of the media and have questions about the company or would like to feature us or any of our Products in your publication or on your website, please email or phone us on +44 (0) 3300 535067 and we will respond to your request immediately.

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Tel: +44 (0) 3300 535067
Copyright 2020 Cherished Designs   -  Cherished Designs is a trading name of Cherished Art and Designs limited company number 10534619