Terms and Conditions
These terms and conditions apply to the use of this website at www.specialmoment.co.uk (the "Website"). By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
1 Copyright
All Web site design, text, graphics, the selection and arrangement thereof, and
all software compilations, underlying source code, software (including applets)
and all other material on this Web site are copyright Special Moment and its affiliates,
or their content and technology providers.
ALL RIGHTS RESERVED.
2 Conditions of Web Site Use
Governing Law and Contract Formation.
No contract will subsist between you and Special Moment for the sale by it to you
of any product unless and until Special Moment accepts your order by e-mail confirming
that it has dispatched your product. That acceptance will be deemed complete and
will be deemed for all purposes to have been effectively communicated to you at
the time Special Moment sends the e-mail to you (whether or not you receive that
e-mail). For the avoidance of doubt, any such contract will be deemed to have been
concluded in the United Kingdom. Further, any such contract will be interpreted,
construed and enforced in all respects in accordance with the laws of England, and
you and Special Moment irrevocably submit to the non-exclusive jurisdiction of the
English Courts.
3 Returns / refunds / cancellations
Returns - non perishable / non personalised items
Your order can be returned for a refund for the total cost of your order within 30 days of delivery.
Returns - perishable / personalised items
Please note, we are unable to receive returns of perishable or personalised items as per the The Consumer Protection (Distance Selling) Regulations 2000. However, should you wish to return a perishable or personalised item please get in touch because we should be able to offer you a part refund or credit towards another item.
Damaged/not to specification items
If your order is damaged or incorrect a replacement shall be sent at no extra charge if Special Moment are notified within 30 days. Alternatively, you may request a full refund, in which case we may request you to return the item(s) and will provide a freepost returns label.
Cancellation
You may cancel an order before it is despatched for a full refund unless it is a personalised item and has already entered into production.
Refund method
If a refund is due to you for any reason, Special Moment shall refund the payment card originally used.
Process
To initiate a return or refund please begin by
contacting us, quoting your Order Id that is included within your order confirmation email.
Orders lost in the post
We'll replace free of charge or refund in full an item which is deemed to be lost in the post. We reserve the right to wait up to 10 working days from the date of despatch before taking further action regarding an undelivered item.
All Royal Mail deliveries have delivery receipts included as standard. Please note we will NOT be able to offer a refund if the delivery receipt is showing as ‘Delivered’, in these cases, and providing your address is confirmed as correct, we will only be able to offer a replacement.
4 Ordering from us
4.1 We may refuse to accept an order:
(a) Where goods are not available
(b) Where we cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom.
(f) If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
(g) If we believe your order is for commercial or other non-domestic concerns.
4.2 Alcohol. We cannot sell alcoholic products to anyone under 18. For this reason, we may refuse an order or refuse to make a delivery at our discretion. By placing an order you confirm that both you and the person the order is to be delivered to, are aged 18 years or over.
4.3 Colour. The colour of the product you receive may not match the colour as displayed by our website on your computer monitor.
4.4 Text alignment. Text printed/engraved will be aligned as per the examples on the product's images.
4.5 Text case. Unless stated otherwise on a product page, text will be printed/engraved in the case you enter it in.
4.6 Please check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling that you are responsible for.
5 Delivery
We will deliver the Products ordered by you to the address which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.
Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
We reserve the right to wait up to 10 working days from the date of dispatch before taking further action regarding an undelivered item.
If the product(s) you have ordered does not arrive within 28 days of placing the order, Special Moment does not accept liability unless you have contacted us via email or phone within this period.
6 Disclaimer
Except as specifically stated on this Web site, to the fullest extent permitted
at law, neither Special Moment nor any of its affiliates, directors, employees or
other representatives will be liable for damages arising out of or in connection
with the use of this Web site or the information, content, materials or products
included on this site. This is a comprehensive limitation of liability that applies
to all damages of any kind, including (without limitation) compensatory, direct,
indirect or consequential damages, loss of data, income or profit, loss of or damage
to property and claims of third parties. For the avoidance of doubt, Special Moment
does not limit its liability for death or personal injury to the extent only that
it arises as a result of the negligence of Special Moment.