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
You may return a non-perishable, non-personalised item for a refund within 30 days of delivery. Unless the item is faulty or incorrect, you are responsible for the cost of returning it to us.
Returns - perishable / personalised items
We are unable to accept change-of-mind returns for personalised items or goods that are liable to deteriorate or expire rapidly. These items are excluded from the usual cancellation rights that apply to many online purchases.
However, if you would like to exchange a personalised or perishable item, please
contact us. Depending on the circumstances, we may be able to offer a partial refund or credit towards another item. You may be required to contribute towards the cost of the replacement.
Damaged, faulty or incorrect items
If your order arrives damaged, faulty or does not match what you ordered, please
contact us as soon as possible. We will arrange an appropriate replacement or refund in accordance with your statutory rights.
If we require an item to be returned because it is damaged, faulty or incorrect, we will provide a free returns label where appropriate.
Cancellation
You may cancel an order before it is despatched for a full refund, unless it is a personalised item that has already entered production. For non-personalised, non-perishable items, our 30-day returns policy also applies after delivery.
Refund method
If a refund is due, it will normally be made using the original payment method.
Process
To request a return, exchange or refund, please begin by
contacting us and quote the Order ID shown in your order confirmation email.
Orders Lost in Transit
If your order does not arrive within the expected delivery timeframe, we will offer a full refund or a free replacement, depending on your preference. However, we reserve the right to wait up to 10 working days from the date of dispatch before taking further action on an undelivered item, to allow for possible postal delays.
Royal Mail deliveries include delivery confirmation. If the tracking shows the item as delivered and the delivery address was correct, we will investigate the delivery. If it is established that the order was not received, we will offer a replacement or refund as appropriate.
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.