Terms and conditions

Terms and conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
If you are not sure about anything, just email me on colin@cptcreative.com.

Application

  1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you).

    I am Colin Treanor of Bradford House, Sennybridge, Brecon Powys, LD3 8PG with email address colin@cptcreative.com; telephone number +447793462324;

    (the Supplier or us or we).

  2. These are the terms on which we sell all Services to you.

    By ordering any of the Services, you agree to be bound by these Terms and Conditions.

    You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.

 

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Services;
  3. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  5. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
  6. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  7. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
  8. Website means our website cptcreative.com on which the Services are advertised.

 

Services

  1. The description of the Services set out in the Website, catalogues, brochures or other form of advertisement. z
  2. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Services which appear on the Website are subject to availability.
  4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Customer responsibilities

  1. You must co-operate with me in all matters relating to the Services, provide me with access to any premises under your control as required, provide me with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
  2. Failure to comply with the above is a Customer default which entitles me to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, I can terminate the Contract with immediate effect on written notice to you.

 

Personal information

  1. I retain and use all information strictly under the Privacy Policy.
  2. I may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

Basis of Sale

  1. The description of the Services in my website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, I can reject it for any reason, although I will try to tell you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the Services ordered only when you receive an email from me confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform me immediately of any errors. I am not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to me giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract and before performance begins of any of the Services.
  4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless I expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  6. I intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell me, so that I can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

 

Fees and Payment

  1. The fees (Fees) for the Services set out on the Website at the date I accept the Order or such other price as I may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
  2. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

 

Withdrawal returns and cancellation

    1. You can withdraw the Order by telling me before the Contract is made, if you simply wish to change your mind and without giving me a reason, and without incurring any liability.
    2. You can cancel the Contract except for any Services which are made to your special requirements (i.e. personalised, customised or bespoke website) by telling me no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability. Then I must without delay refund to you the price for those Services which have been paid for in advance. This does not affect your rights when the reason for the cancellation is any defective Services. This Returns Right is different and separate from the Cancellation Rights below.
    3. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following services (with no others) in the following circumstances:
      1. services that are made to your specifications or are clearly personalised;
      2. services which are liable to deteriorate or expire rapidly.

 

Right to cancel

    1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
    2. To exercise the right to cancel, you must inform me of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). 
    3. You can also electronically fill in and submit the contact form on my website cptcreative.com . If you use this option, I will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
    4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Effects of cancellation in the cancellation period

    1. Except as set out below, if you cancel this Contract, I will reimburse to you all payments received from you.

 

Payment for Services commenced during the cancellation period

    1. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when I am informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

 

Conformity

  1. I have a legal duty to supply the services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the Services will:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the Services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.
  3. It is not a failure to conform if the failure has its origin in your materials.
  4. I will supply the Services with reasonable skill and care.
  5. I will provide the following after-sales service:

    The supplier will support the customer in installing and activating their new website.

  6. In relation to the Services, anything I say or write to you, or anything someone else says or writes to you on my behalf, about me or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by me or on behalf of me on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

 

Duration, termination and suspension

  1. The Contract continues as long as it takes us to perform the Services.
  2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards its bankruptcy or liquidation.
  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

 

Successors and our sub-contractors

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).

 

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, I am not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because I believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.

 

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. I try to avoid any dispute, so I deal with complaints as follows:

    If a dispute occurs customers should contact me to find a solution. I will aim to respond with an appropriate solution within 5 days.

 

Attribution

  1. These terms and conditions were last edited November 2017.