Terms & Conditions

Purchasing with Yaffie.com or any of its affiliated websites implies your agreement to the following terms and conditions, regardless of whether or not you decide to register with us or place an order. Should you not consent to these conditions, kindly refrain from using our websites.


In these terms and conditions, references to “we”, “us”, or "our websites" pertain to yaffie.com.


Introduction


Most areas of our Website are accessible without registration. Nevertheless, specific sections of our Websites require registration for access.


We reserve the right to modify these terms and conditions at any time by updating this posting. It is important to check our Websites periodically to review the current terms and conditions since they are binding. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of our websites. Should you choose not to accept any new terms and conditions following our notice, kindly refrain from further usage of our websites.


Ordering from us


You are deemed to place an order with us upon completion of the online checkout process. We will send you an order acknowledgement by email with details of the products you have ordered. If you do not receive this email, please check your spam folder, as automated replies may trigger your email provider's spam filters.


Our acceptance of an order takes place upon dispatch of the order. The purchase contract will be made upon dispatch of the order, even if payment has already been processed, unless we have communicated to you that we do not accept your order or you have cancelled it.


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


We may refuse to accept an order:


(a) Where goods are unavailable
(b) Where we cannot obtain authorization for your payment
(c) In case of pricing or product description errors
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) For deliveries outside the countries listed
(f) If your order for personalized products contains 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


For packing, carriage, insurance, and other relevant charges, we charge separately, with appropriate rates specified in our pricing structure elsewhere on our websites.


Delivery


We will deliver the Products ordered by you to the address provided when making your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items that have not been received.


You may specify a delivery address different from your billing address if you wish to deliver the Products to a friend, relative, or your place of work.


Delivery will be made as soon as possible within our normal working hours of Monday to Friday, 9 am to 5:30 pm. We process and dispatch orders only during these times. Delivery and dispatch timescales mentioned on the website do not include weekends or bank holidays.


While we endeavor to deliver goods within the specified timescale, unforeseen circumstances may prevent delivery in the given time, for which we cannot accept liability or costs incurred due to failed or delayed deliveries. The same applies to products sent directly from all our partnership manufacturers.


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 custom 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 will no longer accept order cancellations due to the custom-made property.


Please note: In order to provide 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 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 resold. 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 a fault 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.


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. 


Photo Upload:


In the paragraph discussing photo uploads, the phrase "has been granted by the owner of any image" should be changed to "has been granted by the owner of the image." Additionally, the sentence "We will not be responsible for any copyright infringement by the customer" should be revised to "We will not be responsible for any copyright infringement committed by the customer."


Licence:


In the second paragraph of the license section, the sentence "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" should be rephrased to "If you violate any of the terms and conditions outlined here, your permission to use our websites will be automatically terminated, and you must delete any downloaded or printed extracts from our websites."


Service Access:


In the first sentence of the service access section, the word "websites" should be changed to "website."


Visitor Material and Conduct:


In the paragraph discussing visitor material and conduct, the sentence "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" should be revised to "We and our nominees will be free to copy, disclose, distribute, incorporate, and use such material, as well as all data, images, sounds, text, and other things embodied therein, for any and all commercial or non-commercial purposes."


You are strictly prohibited from posting or transmitting to or from our website any material 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. Furthermore, you are not allowed to post any material that you have not obtained all necessary licenses and/or approvals for. You must also not post any material that constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party in the UK or any other country in the world. Finally, you must not post any material that 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 our 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 these clauses.


Our website contains links to third party websites solely for your convenience. If you decide to use these links, you leave our website. We have not reviewed all of these third party websites and are not responsible for their content or availability. Therefore, we do not endorse or make any representations about them, any material found there, or any results that may be obtained from using them. If you decide to access any 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.yaffie.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 trademarks displayed on our websites without our express written permission.
(f) - you do not link from a website that is not owned by you.
(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.


Each registration is for a single user only. We do not permit you to share your user name and password with any other person or multiple users on a network. Responsibility for the security of any passwords issued rests with you. 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.


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 endeavor 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 guarantee 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 complying with local laws.


Miscellaneous


You may not assign, sublicense, 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 to grant any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.


Dated: 18th August 2009