PUZZLECUSTOM

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OUR TERMS AND CONDITIONS

The Puzzlecustom It is important that you read and understand the terms and conditions that will apply to this contract before accessing the site. If there are any terms you do not understand or do not wish to agree to please contact us before making a purchase.

1. DEFINITIONS

Conditions: means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Us and set out in the Contract, if any;

Contract: the Contract for the sale of Goods formed by Our acceptance of Your order

Default: any act, representation or omission by Us, Our officers, employees or agents which is done, made or not done (as the case may be) as a result of any act, representation or omission of any of them (whether deliberate or negligent), in connection with or in relation to the Contract as a result of which We are legally liable to You whether in contract, tort or otherwise. A number of Defaults which together result in or contribute to substantially the same loss or damage shall be treated as one Default occurring on the date of the occurrence of the first such Default
Goods: the goods, products and services offered to You via the Site
Information: all information and materials on the Site, whether together or separately;
Rights: copyright and all other proprietary and intellectual property rights to and in the Information whether together or separately, unless stated otherwise;
Site: the Site on the World Wide Web located at www.puzzlecustom.com including all Information
We/Us/Our: www.puzzlecustom.com
You/Your: the person(s), firm or company accessing or using the Site or placing an order with Us

2 . INFORMATION RIGHTS AND OWNERSHIP

2.1. Information about and descriptions of the Goods given on this site is of a general nature and not complete or definitive. If You require further information about any goods please contact us. We reserve the right to change and improve the Goods without prior notice provided they are of an equivalent or higher specification. You can return any substitute Goods at our cost and cancel the contract.

2.2. The Site is owned by Us. Unless We indicate otherwise the Information and the Rights are and shall remain Our property and are protected by copyright and trade mark laws. All Rights in the Information are reserved.

2.3. You may access the Site subject always to these Conditions.

2.4. Information may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except that You may store, copy or download one copy on any single computer for personal non commercial use only provided that You keep intact all copyright and other proprietary notices regarding the Rights.

2.5. Deletion, modification or use of the Information for any unauthorised purpose violates Our copyright, trademark, and trade secret rights and others’ proprietary rights.

2.6. The use of any Information on any other web-site or network computer environment is forbidden.

2.7. Except as provided herein, no licence is granted to You to copy or reproduce electronically in written form or otherwise any of the Information.

2.8. If You wish to reprint any Information outside of personal, non commercial use, contact Us at the above address.

3. LINKS TO OTHER SITES

3.1. You may find links to independently managed sites. We have authorised links only to those “off site” pages listed on the Site as authorised. Any other links to the Site are not authorised. We cannot control the content appearing on these sites or any attachments to them and so We make no warranty or representation regarding defamation offence or otherwise regarding the same.

4. FORMATION OF CONTRACT

4.1. All orders for Goods are accepted when You receive a confirmation e-mail to this effect.

4.2. We do Our best to ensure all Goods on this Site are available but on occasions this may not be the case. Where Goods are not available We will offer the most suitable alternative or refund any monies paid by You within 30 days.

4.3. Where the use of the Goods is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.

4.4. Where Goods can not be delivered to You within 30 days We will contact You by e-mail or telephone to inform you and give you the option to terminate the contract. If you opt to continue we will either give you a likely delivery date or suggest an alternative product. Where this is part of a larger order We will process and despatch the available Goods to You in a normal manner.

5. PRICE

5.1. According to articles 7.1 and 7.2 below, the price of goods includes taxes, but does not include customs duties and Excise. For goods delivered outside the United States, the quotation does not include VAT. The price of the goods is the total price on the day you place the order. We reserve the right to change any price before you place an order.

5.2. We strive to ensure that all prices displayed on the website are accurate, but the prices on your order need to be verified by us before processing your order. If the correct price of the goods is higher than the price on your order, we will contact you to let you know the correct price and give you the opportunity to cancel the order before shipment.

6. PAYMENT

6.1. You must pay on the date of placing the order. Time is the key to payment.

6.2. Full payment must be made by any debit or credit card or PayPal. No offset or deduction is allowed for the individual goods sold to you by the company.

6.3. All payments will be deducted from your account at the time of ordering.

6.4. You confirm that the credit card / debit card / paypal account number used is yours, and you have provided us with the correct bill and shipping address.

6.5. All items displayed on our website will be priced in US dollars. The exchange rate for international transactions will be determined by the daily exchange rate adopted by the cardholder’s credit / debit card / paypal company on the date of transaction processing.

7. DELIVERY

7.1. We deliver to any address worldwide.

7.2. Delivery charges vary dependant upon the value of the order and the region to which shipped, they are automatically calculated and applied during the online checkout procedure.

7.3. Internet orders will usually be despatched for delivery within 14 days and in any event no later than 30 days. In the event that We can not deliver the Goods or perform the Contract in whole or part within 30 days or any further agreed delivery date you will have the option to cancel the Contract and obtain a refund. We will not be liable for any delays or failure to complete the Contract caused by circumstances outside our reasonable control.

7.4. While We will endeavour to avoid delay We will not be liable to You for any loss or damage arising from delay in delivery. Time for delivery is not of the essence.

7.5. We may deliver the Goods by instalments. We will try to keep these to a minimum and agree delivery dates with you. Where We deliver by instalments and a delivery charge is payable, You will only incur one delivery charge. The delivery charge will be outlined with each individual promotion or offer.

7.6. You must inspect the Goods at the place and time of delivery and report any faults to us within a reasonable period having regard to the fault alleged.

7.7. Risk and damage to or loss of the Goods shall pass to You at the time of delivery or if You wrongfully fail to take delivery of the Goods, at the time when We tender delivery of the Goods.

8. SAFETY

8.1. Jigsaws do contain small pieces. It is therefore important that a responsible adult should always supervise children who are building or playing with a jigsaw puzzle. Jigsaw pieces should not be put in the mouth or swallowed as this may cause harm and may be a choking hazard for children under 3 years of age.

9. RESERVATION OF TITLE

9.1. Title to the Goods will not pass to You until all monies due to Us on any account have been received by Us.

9.2. If We reclaim Goods before title has passed to you, you will be liable for the costs of return transport.

9.3. If, before title to the Goods has passed to you, the Goods are transferred to or are claimed by a third party You shall:

9.3.1. immediately inform them that the Goods are Our property, and

9.3.2. immediately inform us of the situation and provide us with full information about it including copies of all relevant documents, and

9.3.3. pay all costs incurred by us in reclaiming the Goods.

10. GOODS RETURNED FOR CREDIT

10.1. You may return any unwanted item within 14 days of receiving the Goods PROVIDED:

10.1.1. You have previously notified Us by e-mail that you wish to return the Goods.

10.1.2. The Goods have not been used or damaged.

10.1.3. You have taken reasonable care of the Goods and endeavour to return them in the original packaging.

10.1.4. Any unwanted Goods returned by You will be at Your cost. If the Goods are faulty or damaged any return will be at Our cost.

10.2. If You return unwanted Goods to Us within 14 days, and they meet the requirements in point

10.1. we will refund any monies you have paid We aim to process any refund within 14 days of receipt.

11. SHORTAGE, TRANSIT DAMAGE AND DEFECTS

11.1. Where You receive the wrong Goods, short delivery or Goods damaged in transit, You must contact Us within 28 days with regard to the alleged issue otherwise the Goods will be deemed to have been delivered in the quantities / condition shown in the delivery document.

11.2. Our liability for short delivery is limited to making good the shortage.

11.3. Where it is apparent that the Goods do not conform with the Contract You must inform Us by e-mail within 28 days of discovery of the fault with regard to the alleged defect or non-conformity otherwise the Goods will be deemed to have been accepted and to be in good order.

11.4. Where Goods prove to be faulty as a result of a manufacturer’s defect We will replace them without charge within 6 months of the date of the delivery of the Goods.

12. YOUR OBLIGATIONS AND WARRANTIES

12.1. You warrant to Us that You will use the Site for lawful purposes. In particular, You warrant that You will:

12.1.1. observe the procedures which We set from time to time;

12.1.2 not post, link or transmit to the Site any material which is unlawful, abusive, malicious, threatening, defamatory, obscene, pornographic, blasphemous or objectionable in any way;

12.1.3. not post, link or transmit to the Site any material which contains a virus or other hostile computer program;

12.1.4. not post, link or transmit to the Site any material which constitutes or encourages the commission of a criminal offence or which infringes any patent, trade mark, design rights, copyright or any other intellectual property right or similar rights of any persons;

12.1.5. treat all confidential and proprietary information and documents provided by Us to You, as confidential and not disclose the same to a third party.

13. WAIVER

13.1. Our failure to insist upon the strict performance of any of Your obligations under these Conditions or any Contract will not be construed as a waiver and will not affect Our rights to require strict performance of such obligations.

14. COSTS OF ENFORCEMENT

14.1. You will pay to Us all expenses, and costs incurred by or on Our behalf in enforcing the provisions of these Conditions or any Contract.

15. SEVERABILITY

15.1. If any part of these Conditions or any Contract is found to be invalid or unenforceable, this will not affect the remainder of the Conditions or Contract, which will remain in full force and effect.

16. DISCLAIMER AND WARRANTIES

16.1. We give no warranty as to the functions of or Information on the Site nor do We warrant that the Information or the Goods will meet Your requirements.

16.2. We give no warranty that the operation of the Site, or the supply of the Goods will be uninterrupted or that the Site or the server that makes it available are free of viruses or other harmful components.

17. LIMITATION OF LIABILITY

17.1. The following clause specifies to the extent allowed by applicable law the extent to which We will be liable for Default. Our entire liability and Your sole remedies, in contract, tort or otherwise, are set out in this clause.

17.2. We will replace or refund any faulty Goods if the defect is notified to us within a reasonable time after delivery.

17.3. We will accept unlimited liability for death or personal injury caused by Our Default subject to clause 8.1.

17.4. Subject to clauses 17.5, 17.6 and 17.7 We will accept liability for direct physical damage to Your tangible property resulting from Default.

17.5. We will not be liable for the following loss or damage however caused:

17.5.1. economic loss, which includes loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings;

17.5.2. loss or damage arising from Your failure to fulfil Your responsibilities or any matter under Your control or that of a third party;

17.5.3. loss or damage arising from Our acting in accordance with Your instructions and/or those of Your officers, employees, agents or third parties engaged by You;

17.5.4. fair wear and tear; or

17.5.5. loss or damage arising from Your failure to comply with clauses 11.1, 11.3 or 11.4.

17.6. We will only be responsible for your foreseeable losses arising from any breach of contract by Us.

17.7. Each of the limitations and exclusions above is to be construed separately, applying and surviving even if any one or other of the limitations or exclusions is held inapplicable or unreasonable, and will remain in force despite termination of these Conditions or any Contract.

18. MISCELLANEOUS

18.1. The headings are for convenience only.

18.2. These Conditions contain the entire agreement between You and Us in respect of the subject matter. These Conditions may not be amended orally and no waiver or amendment will be binding unless in writing and expressly incorporated into these Conditions by Us. You cannot rely upon any representation made outside of these Conditions. To protect your own interests please read these Conditions carefully before agreeing to enter into a contract with Us. If you are uncertain of your rights or you want any explanation about them please write to Us.

18.3. These Conditions and any of Your rights under these Conditions are personal to You and may not be assigned to a third party without Our prior written consent.

18.4. These Conditions do not imply or create an employment, partnership or joint venture between You and Us.

19. DATA PROTECTION AND PRIVACY

We always treat all of your personal data as confidential. We keep all personal data on secure servers and fully comply with all applicable privacy legislation. You can read more about how we collect and use your personal data in our Privacy Policy here. If you want to stop receiving marketing information details on how this can be done are in our Privacy Policy – please click here for our Privacy Policy.

20. GOVERNING LAW AND JURISDICTIONAL ISSUES

20.1. We do not represent that any information on this website is suitable or available for use in any location / jurisdiction outside the United States. If you choose to access and / or use this website from a location outside the United States, you are solely at your own risk.

20.2. This contract shall be governed by the laws of the United States, and both parties shall submit to the non exclusive jurisdiction of the courts of the United States.

21. CLEARANCE PRODUCTS

21.1. In some cases there are limited quantities of one particular clearance product and the stock may have been sold before your order is fully processed by Us. Where Goods are not available We will offer the most suitable alternative or refund any monies paid by You within 30 days.

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