Definitions

Where used in these terms and conditions the following words and phrases have the following meanings:

• "Conditions" means these terms and conditions;
• "Contract" means any contract created as referred to in clause 2.1.4 of these Conditions;
• "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer;
• "Product" means a product displayed for sale on the Website;
• "Product Description" means that part of the Website where certain details, description and specification in respect of the relevant individual Product are provided;
• "Personal Information" means the details provided by you on registration;
• "UK" means England, Wales, Scotland, Northern Ireland and the Channel Islands;
• "Users" means the users of the Website collectively;
• "we/us/our" means Lydford Prints.
• "Website" means the website located at www.lyfordprints.com or any subsequent URL which may replace it.
   

1. Status

These Conditions apply to any order you place with us through the Website. You must read these Conditions carefully. By placing an order for one or more Products through the Website, you confirm that you have read, understood and agree to the Conditions in their entirety. If you do not agree to these Conditions in their entirety, you must not order any Product through the Website.
 

2. Acceptance of your order

2.1 The following conditions need to be met in full before a binding contract is created between you and us:

2.1.1 You place an order for one or more Product(s) on the Website by completing the check-out process; you will be guided through the order process by following a series of simple online instructions. Please note that completion of the online check-out process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we despatch the Product(s) that you ordered from us;

2.1.2 During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your Personal Information, using an encrypted secure payment mechanism and will only use your Personal Information in accordance with our privacy policy as set out in clause 11 of these Conditions;

2.1.3 All credit/debit card payments are subject to authorisation by your card issuer and we take payment when we accept your order and before we despatch the Product(s) that you have ordered. The Merchant ID/payment reference that will show up on your credit card/bank statement in respect of the transaction will be either 'Payment Gateway Name / Santander / Paypal ' or "Lydford Prints".

If your payment is not received and you have already received the Product(s) you ordered from us, you must pay for the Product(s) or return those Product(s) to us in accordance with our as set out in clause 5 of these Conditions and any other instructions that we provide to you in respect of any such return.

Any Product(s) returned by you to us must be returned in the same condition that you received them from us and at your own expense. If you do not do return Product(s) to us when required to do so pursuant to this clause 2.1.3 within 14 (fourteen) days of the date on which we cancel your order, we may collect or arrange for collection of the Product(s) at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Product(s) that are the subject of an unpaid order;

2.1.4 We will notify you by email as soon as possible to confirm that we have received your order and we will send you an order acknowledgment via email detailing the Product(s) which you have ordered. It is your sole responsibility to check the order acknowledgement details and advise us of any errors or omissions as soon as possible and in any event within 2 (two) days of receipt of the order acknowledgement. Such order acknowledgement does not constitute an order confirmation or order acceptance by us;

2.1.5 When the Product(s) you have ordered are shipped by us we will send you a despatch confirmation email; and

2.1.6 Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Cancellations.

• 2.2 All Product(s) that you order through the Website will remain the property of Lydford Prints until we have received payment in full from you for those Product(s).
• 2.3 If we cannot supply you with the Product(s) you ordered, we will:
  • 2.3.1 inform you of this in writing by email; and,
  • 2.3.2 if you have already paid for the Product(s), subject always to clauses 3 and 5 of these Conditions, refund you in full as soon as reasonably possible and in any event within 30 (thirty) days.
    Non-acceptance of your order may be for any one or more of the following reasons:
    • (a) the Product(s) no longer being available; or
    • (b) the exact detail(s) of your map location(s) not available; or
    • (c) the identification of a pricing or other error in the order; or
    • (d) your payment in respect of the order is not authorised by your card issuer.

2.4 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

3. Cancellation of bespoke product(s)

In accordance to the Distance Selling and Online Trading Regulations Lydford Prints product(s), which have been made to the customers’ specifications, are exempt from standard cancellation rights. 

By the very individual nature of personalised products made to order, they cannot be re-sold and therefore we cannot accept returns if you have a change of mind.

Cancellations are offered subject to the discretion of Lydford Prints. Please contact us to discuss if you wish to cancel an order on 07817 698277.

4. Delivery

4.1 The delivery period stated within which you will receive your order is approximate.

4.2 Goods will be sent to the address given by you in your order.

4.3 Any order for Product(s) with a delivery address within the UK will be despatched via Yodel.

4.5 All risk in the Product(s) you order (including risk of loss and/or damage to the Product(s)) shall pass to you when they are delivered to the delivery address specified in your order.

4.6 We shall be under no liability for any delay or failure to deliver Product(s) if the delay or failure is wholly or partly caused by circumstances beyond our control.

4.7 In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 (as amended from time to time) and other applicable legislation.

5. Delivery and returns

5.1 We offer a returns service for damaged or faulty Product(s) provided that such return is notified to us no longer than 7 (seven) working days after the day on which you have received the Product(s) to be returned and subject always to the remaining provisions of clause 5 of these Conditions.

5.2 Any Product(s) you return must be returned at your expense in the same condition that they have been received, ie. very carefully and well packaged to avoid any damage in the postal system.

5.3 Should you wish to return a Product pursuant to the provisions of clause 3 or clause 5.1 of these Conditions please send an email to contact@lydfordprints.com clearly detailing the following information;

• 5.3.1 original order reference number;
• 5.3.2 your name;
• 5.3.3 your daytime contact number;
• 5.3.4 the Product(s) you are returning; and
• 5.3.5 the reason you wish to return the Product(s).
  We will then subject to compliance with the provisions of clause 3 and clause 5.2, raise a "Returns Authorisation" and email it to you. This email will clearly detail the address to return the items to. Please allow 2 (two) working days from receipt of your email to receiving a response.

5.7 Refunds can only be made to the original card of purchase. We will aim to process refunds as soon as reasonably practicable and in any event within 30 (thirty) days of receipt of the Product(s) returned in compliance with the provision of this clause 5 of these Conditions.

6. Pricing

Product prices are correct at the time of publishing. It may be necessary to change Product prices from time to time. Any Product price changes will be confirmed to you in the relevant order acknowledgement.

7. Product and description and availability

7.1 Each Product purchased is sold subject to its Product Description.

7.2 We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy set out in clause 2.1 of these Conditions.

7.3 All reasonable efforts have been made to portray Product(s) on the Website accurately, but due to the bespoke nature of our Product(s), variations will occur. All colour representation and reproduction are dependent upon publishing processes and the set up of the device from which you are viewing the Website.

7.4 All Product(s) featured on the Website are subject to availability. We will inform you as soon as practicable if Product(s) that you have ordered are not available.

8. Intellectual property

All copyright, design rights and intellectual property rights existing in our designs and products and in the images, text and design of our website / marketing material are and will remain the property of Lydford Prints. We will treat any infringement of these rights seriously.

9. Limitation of liability

9.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

9.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. Whilst all reasonable efforts are made to ensure that the Website is free from viruses and defects, this cannot be guaranteed. We shall not be liable to you or any other person for loss or damage which may arise or occur to computer and electronic equipment as a result of using this Website.

9.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your cancellation rights as set out in clause 3 of these Conditions.

9.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:

• 9.4.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• 9.4.2 any loss of goodwill or reputation; or
• 9.4.3 any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Conditions.

9.5 Our total liability for any claim howsoever arising under any Contract or these Conditions shall not in any circumstances exceed the purchase price of those Product(s) supplied to you pursuant to the relevant Contract. We do not accept any liability for a failure to comply with instructions specifically stated on the Website. Your statutory rights are not affected by this statement. We endeavour to check the accuracy of the information on this Website. However, we cannot guarantee such information will be error-free and you acknowledge that information published on this Website may include inaccuracies and typological errors.

9.6 Nothing in the Conditions shall exclude or limit our liability for fraud, death or personal injury resulting from our negligence or that of our servants, agents or employees.

10. Enquiries and customer service

10.1 These Conditions control and protect the use of the Website and apply to all orders placed by you with us via the Website.

10.2 If you have any queries about these Conditions or any order or Contract, please email contact@lydfordprints.com or telephone on 07817 698277.

11. Website terms of use

11.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

11.2 The Website is owned, controlled or licensed by us. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

11.3 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Products from the Website) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

11.4 We reserve the right to:

• 11.4.1 modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• 11.4.2 change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these Conditions have been changed. If you do not agree to any change to these Conditions then you must immediately stop using the Website.

11.5 If you access the Website from outside the UK you are responsible for compliance will all local laws in respect of such access/use.

11.6 You warrant to us that:

• 11.6.1 the Personal Information which you provide to us when placing your order or when you subscribe for our newsletter is true, accurate, current and complete in all respects; and
• 11.6.2 you will notify us immediately of any changes to the Personal Information by contacting us by email at contact@lydfordprints.com or by telephone on 07817 698277.

11.7 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

11.8 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.

11.9 To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. As you have chosen to enter the linked website, you acknowledge and agree that, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

12 General

12.1 Force Majeure: We shall have no liability to you under any Contract or under these Conditions if we are prevented from, or delayed in, performing our obligations under such Contract, these Conditions or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

12.2 Waiver: A waiver of any right under any Contract or these Conditions is only effective if it is in writing and it applies only in the circumstances for which it is expressly given. Unless specifically provided otherwise, rights arising under the Contract or these Conditions are cumulative and do not exclude rights provided by law.

12.3 Severance: If any provision of any Contract or these Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to our commercial intention.

12.4 Governing Law: The Contract, these Conditions and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. You irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract, these Conditions or their subject matter or formation (including non-contractual disputes or claims).

 Lydfordprints.com, The Dower House Church Lane, East Lydford, Somerton, TA11 7HD