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. 

Application

  1. These Terms and Conditions will apply to the purchase of the goods and services by you (the Customer or you). We are Katy Patterson trading as KatyAmyCreative of NP263TE with the email address enquiries@katyamycreative.co.uk; (the Supplier or us or we)
  2. These are the terms on which we sell all goods and services to you. By ordering any of the goods or services, you agree to be bound by these terms and conditions. 

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 Goods; 
  3. Delivery Location means the supplier’s premises or other location where the Goods 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. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the order;
  6. Order means the customers order for the goods from the supplier as submitted following the step by step process set out on the website; 
  7. Privacy Policy means the terms which we set out how we will deal with confidential and personal information received from you via the website;
  8. Website means our website katyamycreative.co.uk on which the goods are advertised; 

Goods

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

Personal information

  1. We retain and use personal information strictly in accordance with the Privacy Policy 
  2. We may contact you 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 goods on our website does not constitute a contractual offer to sell the goods or services. When an order is submitted on the website, we can reject it for any reason although we will aim 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 sale of goods ordered only when you receive an email from us confirming the order (Order Confirmation) You must ensure the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order you agree to us giving you confirmation of the contract by means of an email with all the information in it (ie the order confirmation). You will receive the order confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any goods supplied under the contract. 
  4. Any quotation is valid for a maximum period of fourteen (14) days from its date, unless we expressly withdraw it at an earlier time. 
  5. No variation of the contract, whether about description of the goods, 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. We 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 us, so that we 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. 

Price and Payment

  1. The price of the goods and any additional delivery or other charges is set out on the website at the date of the order or such other price as we may agree in writing. 
  2. Prices and charges include VAT at the rate applicable at the time of the order. 
  3. You may pay by submitting your credit or debit card details with your order and we can take payment immediately or otherwise before delivery of the goods. 

Delivery 

  1. We will deliver the goods to the Delivery Location by the time or in the agreed period or, failing any agreement, without undue delay. 
  2. In any case, regardless of events beyond our control, if we do not deliver the goods on time, you can (in addition to any other remedies) treat the contract at an end if; 
    1. We have refused to deliver the goods, or if delivery on time is essential taking into account the relevant circumstances at the time the contract was made, or you said to us before the contract was made that delivery on time was essential; or 
    2. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period. 
  3. If you treat the contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract.
  4. If you were entitled to treat the contract at an end, but do not do so, you are not prevented from canceling the order for any goods or rejecting goods that have been delivered and, if you do this we will (in addition to other remedies) promptly return all payments made under the contract for any such cancelled or rejected goods. If the goods have been delivered you must return them. 
  5. We do not generally deliver to addresses outside the United Kingdom, if however we accept an order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them. 
  6. You agree that we may deliver the goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges. 
  7.  If you or your nominee fail, through no fault of ours to take delivery of the goods at the delivery location we may charge the reasonable costs of storing and redelivering them. 
  8. The goods will become your responsibility from the completion of delivery or customer collection, you must, if reasonably practicable, examine the goods before accepting them.

Risk and Title 

  1. Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you. 
  2. You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which c you must return them or allow us to collect them. 

Withdrawal, Returns and Cancellation

  1. You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving us any reason, and without incurring any liability. 
  2. This is a distance contract (as defined below) which had the cancellation rights (cancellation rights) set out below. These cancellation rights however, do not apply to a contract for the following goods in the following circumstances;
    1. Goods that are made to your specifications or are clearly personalised; 
    2. Goods which are liable to deteriorate or expire rapidly.
  3. Also the cancelation rights for a contract cease to be available in the following circumstances; 
    1. In the case of any sales contract, if the goods get mixed inseparably (according to their nature) with other items after delivery. 
  4. Subject as stated in these terms and conditions, you can cancel this contract within 14 days without giving any reason 
  5. The cancelation will expire after 14 days from the day on which you acquire, or third party acquires physical possession of the last of the goods. 
  6. To exercise the right to cancel you must inform us of you decision to cancel the contract by a clear written statement setting out your decision. In any event you must be able to show clear evidence of when the cancelation was made. 
  7. Wer
  8. 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. 
  9. Except as set out below, if you cancel this contract, we will reimburse you all payments received from you  in accordance with this contract. 
  10. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the oss is the result of unnecessary handling by you, this is because you are liable for that loss. 
  11. We will make the reimbursement without undue delay, and not later than fourteen (14) days after the day we receive back from you any goods supplied. 
  12. If no goods were supplied we will make the reimbursement without undue delay, and no later than fourteen (14) days after the day on which we are informed about your decision to cancel the contract.  
  13. We will make the reimbursement using the same means of payment you used for the initial transaction unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. 
  14. If you have received goods in connection with the contract which you have canceled, you must send back the goods or hand them over to us at the relevant address included in the acknowledgement of cancelation email, if for any reason you do not possess this email please contact us via enquiries@katyamycreative.co.uk. You must return the goods no later than fourteen (14) days from the day on which you communicate to us your cancellation of the contract. You agree that you will have to bear the cost of returning the goods. 
  15. For the purposes of the cancelation rights, these words have the following meanings;
    1. Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service provision scheme without the simultaneous physical presence of the trader and consumer. 
    2. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object. 

Conformity

  1. We have the legal duty to supply the goods in conformity with the contract, and we will not have confirmed if it does not meet the following obligation.
  2. Upon delivery of the goods will; 
    1. Be of satisfactory quality;
    2. Be reasonably fit for any particular purpose for which you buy the goods which before the contract is made, you made known to us and be fit for purpose held out by us or set out in the contract; and 
    3. Conformation to their description
  3. It is not a failure to conform if the failure has its origin in your materials. 

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 subcontractors who it chooses to help perform its duties. 

Circumstances Beyond the Control of Either Party

  1. In the event of 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 the 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 customers above rights relating to delivery and any rights to cancel. 

Privacy 

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regards to your personal information. 
  2. These terms and conditions should be read alongside, and in addition to our policies including our privacy policy and cookies policy (https://shop.katyamycreative.co.uk/?page_id=3)
  3. For the purposes of these terms and conditions;
    1. “Data protection laws” means any applicable law relating to the processing of personal data, including but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR
    2. “GDPR” means the General Data Protection Regulation (EU) 2016/679
    3. “Data Controller”, “Personal Data” and “Processing” shall have the same meaning as in GDPR.
  4. We are a Data Controller of the personal data we process in providing goods to you. 
  5. Where you suppli personal data to us so we can provide goods to you , and we process the personal data in the course of providing the goods to you we will comply with our obligations imposed by the data protection laws; 
  6. For any enquiries or complaints regarding data privacy, you can email enquiries@katyamycreative.co.uk 

Excluding Liability

  1. The supplier does not exclude liability for; (i) any fraudulent act or omission ; or (ii) for the death or personal injury caused by negligence or breach of the supplier’s other legal obligations. Subject to this, the supplier is 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 the customers business, trade, craft or profession which would not be suffered by a consumer – because the supplier believes the customer is not buying the goods wholly or mainly for its business, trade, craft or profession. 
  2. The contract (including any non-contractual matters) is governed by the law of England and Wales. 
  3. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives respectively. 
  4. We try to avoid any dispute, so we will deal with complaints through contacting us as soon as a matter arises so that we may find a solution. We will aim to respond with an appropriate solution within three (3) days