Terms & Conditions

Purchasing with Yaffie and its associated websites indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, please do not use our websites. 


Any reference in these terms and conditions to “we”, “us” or "our websites" refers to yaffie.com.


Introduction 
You will be able to access most areas of our Website without registering your details with us. Certain areas of our Websites are only open to you if you register. 

We may revise these terms and conditions at any time by updating this posting. You should check our Websites from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of our websites. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use our websites. 


Ordering from us 
You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered. If you don't receive such emails, please do check the spam folder of your email provider as sometimes automated replies will trigger their spam filters.  

Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. 

Please note that we reserve the right to brand our personalised products. 

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 destination countries in our list 
(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.


Pricing 

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on our websites. 

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. 

You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work. 

Delivery will be made as soon as possible. Our normal working hours are Monday to Friday 9am - 5.30pm. We only process and dispatch orders during these timescales. All delivery and dispatch timescales quoted on the website do not include weekends or bank holidays. 

Whilst we make every effort to deliver goods within the specified timescale, on occasion due to unforeseen circumstances we cannot always guarantee delivery in said time, or accept liability for deliveries made outside this timescale. This also applies to products sent direct from all our partnership manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.

If the product(s) you have ordered do not arrive within 28 days of placing the order, we accept no liability unless you have contacted us via email within this period.

In the event you have not received your order, we must allow the following timescales before we can take further action, and claim back from the relevant carrier for lost items:

14 working days from date of dispatch
 
In the event that we reproduce an item for you and subsequently the original is returned as undelivered, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product. 


Please note: we will not be held liable for any late deliveries if delays occur by causes beyond our reasonable control including, without limitation:
(a) fire; (b) severe weather conditions; (c) industrial dispute; (d) strike or labour disputes (e)any acts of god or similar accident that we cannot control.


Order Cancellations 
For non-personalised and non-custom items, you have the legal right to cancel your order within 7 working days of receiving the goods. However, this does not apply to certain items which we have made, personalised or customised specifically for you. Please pay attention to the fact that most of our listed products online will be custome made and personalised.

If you wish to cancel your order you must notify us by contacting us through the support system or by email. This must be before the items have been sent into production. If the ordered goods have already been produced for you, we'd no longer accept order cancellation due to the custom made property.

Please note: In order to provide a fast service, most of the listed products will be immediately sent for production after your ordering process online. Please check your order details on screen or the confirmation email carefully, especially the 'product option' content, which we will follow exactly to start the crafting process. 

We reserve the right to cancel your order at any time and issue a full refund.

The provisions of this clause do not affect your statutory rights. 

Returns and exchange 

If you are not completely satisfied with your non-personalised goods, simply return them to us at any time within 14 working days of receipt. The costs of returning goods to us shall be borne by you. Unfortunately we are unable to refund postage costs on unwanted non-personalised items. For your own protection, we recommend that you send the parcel back to using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post. 

Your rights to return the goods (and get the refunds) to (from) us will not apply in the following circumstances: 

- Any products that we have made, personalised or customised specifically for you 
- Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
- If you have made a spelling mistake on your order (for engraving or inscription etc.) and it has been sent for production.
- You have disposed of the item you have an issue with
- A perishable item that has been consumed/disposed of. 

 
If you return an item because of an error on our part, or because it is defective, we will happily refund the full value of the item. You can contact us by email. Our customer service will request a photo proof from you to show the damage/your raised issue. Without such photo proof, the refund/return process will not be pushed forward by our customer support team. After we accept your return/refund request, the item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very nature of those personalised & custom made products, they cannot be re-sold. And therefore we cannot accept any return/refunds requests if you just don't like the ordered item(s) or have a change of mind after the crafting process starts. 


Please note: You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is made with faulty by us.

This returns policy does not affect your statutory rights. 

I received the wrong item
If the item you received is not what you originally ordered, please contact us by Customer Support Portal quoting your order number, your name and address, details of the product and the reason for return, and whether you'd like a refund or a replacement. We will then advise on how to proceed. 

Faulty item
If the item you received is faulty (after photo proof check as above terms mentioned), please contact our customer care team quoting your order number, your name and address, details of the product and the reason for return, and whether you'd like a refund or a replacement. We will then advise on how to proceed. If the item is faulty, please return it to us within 30 days of receipt. Refunds cannot be given if the fault is caused by your misuse.

Colour/Size

The colour or size of the product you receive may not match the colour/size as displayed by our website images on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk. Our crafting team


Photo Upload
In using the Photo Upload facility of our websites, you agree not to upload or print any images that will cause distress or offence to any person. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image. We reserve the right to refuse to process any order that may cause offence or distress to others – in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer. 
 

Licence 
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non- commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.

Unless otherwise stated, the copyright and other intellectual property rights in all material on our websites (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from our websites other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use our websites automatically terminates and you must immediately destroy any downloaded or printed extracts from our websites. 

No part of our websites may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. 

Any rights not expressly granted in these terms are reserved. 

Service Access 
While we endeavour to ensure that our websites is normally available 24 hours a day, we will not be liable if for any reason our websites is unavailable at any time or for any period. 

Access to our websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 

Visitor Material and Conduct 
Other than personally identifiable information, which is covered under the Privacy Policy http://www.neatie.com/custom-made-privacy-policy any material you transmit or post to our websites will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 

You are prohibited from posting or transmitting to or from our websites any material: 

(a) - that 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 
(b) - for which you have not obtained all necessary licences and/or approvals 
(c) - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world or 
(d) - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 

You may not misuse the Website (including, without limitation, by hacking). 

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above. 

Links to and from other websites 
Links to third party websites on our websites are provided solely for your convenience. If you use these links, you leave our websites. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our websites, you do so entirely at your own risk. 

If you would like to link to our websites, you may only do so on the basis that you link to, but do not replicate, the home page of our websites, and subject to the following conditions: 

(a) - you do not remove, distort or otherwise alter the size or appearance of www.neatie.com 
(b) - you do not create a frame or any other browser or border environment around our websites 
(c) - you do not in any way imply that we are endorsing any products or services other than our own 
(d) - you do not misrepresent your relationship with us nor present any other false information about us
(e) - you do not otherwise use any trade marks displayed on our websites without our express written permission
(f) - you do not link from a website that is not owned by you and 
(g) - your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause at any time and to take any action we deem appropriate. 

You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of any clause 

Registration 

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. 

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. 

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. 

Disclaimer 
While we endeavour to ensure that the information on our websites is correct, we do not warrant the accuracy and completeness of the material on our websites. We may make changes to the material on our websites, or to the products and prices described in it, at any time without notice. The material on our websites may be out of date, and we make no commitment to update such material. 

The material on our websites is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with our websites on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to our websites. 

Liability 
We, any other party (whether or not involved in creating, producing, maintaining or delivering our websites), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our websites in any way or in connection with the use, inability to use or the results of use of our websites, any websites linked to our websites or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our websites or your downloading of any material from our websites or any websites linked to our websites. 

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law. 

If your use of material on our websites results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of our websites, or the use by any other person using your registration details. 

Advertising and Sponsorship
Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

Governing Law and Jurisdiction 
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts. 

We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access our websites from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws. 

Miscellaneous 
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. 

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999. 

18th August 2009