Terms & Conditions
This website is operated by Cherished By You. Throughout the website we use the terms “we”, “us” and “our” which refer to Cherished By you.
Please ensure that you read these Terms and Conditions (“Terms”) carefully before ordering any products from us. You should understand that by ordering from our website you agree to be bound by these Terms. These Terms apply to all visitors, users and others who access our site. Should you disagree with any of these Terms you may not access the service.
Our website is hosted on Wix who provide us with the online e-commerce platform that allows us to sell our services and products to you.
PRODUCTS, ORDERING, PRICING AND QUALITY
Whilst every effort is made to ensure that true representation of the product has been given, please note that each item is handcrafted and as such is individual in nature. All images provide an example of the product available to order. In some cases there are different options to be provided when you order such as size, colour and number to name a few of the options.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. Further, you warrant that: (iii) you are legally capable of entering into a binding contract and (iv) you are at least 18 years old.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Where the price has changed between the time of purchase and creation of your product the purchase price will stand.
As mentioned above our items are hand crafted and made to order, as such no two items will be identical. Products may contain imperfections such as scratches.
We request that you return your prints within 14 days of ordering in order for us to balance our workload and provide accurate production times, however we are aware that this is not always a possibility. Failure to return your prints within 6 months of ordering may result in your order being cancelled without a refund.
Your use of this website and any contract formed with Cherished By You for the sale of products, shall be governed by, and shall be construed in accordance with Guernsey law and subject to the exclusive jurisdiction of the Guernsey Courts.
In order to enjoy the services of our website you will need to register. When you register you will be required to provide personal information about yourself which must be true, accurate and complete in all respects. Any changes should be notified to email@example.com
You are responsible for safeguarding the password which you use to access our services. You agree not to disclose your password to any third party. Should you become aware of a breach, please notify us immediately.
No part of our website constitutes a contractual offer capable of acceptance. Only your order constitutes a contractual offer which we may accept at our discretion. We will indicate our acceptance by way of a confirmation email of your order. Once this email has been sent it represents a binding contract between you and Cherished By You.
All products will require a signature on delivery and will be considered delivered to the customer upon signature provided by the Courier. Cherished By You will not be responsible for any dispute over the signature provided by the courier and customer.
If for any reason we do not accept your order no payment will be taken or where payment has already been made a refund will be made within 14 days.
Cherished By You or you have the right to cancel your account or order. Should this happen we will send you an email stating the reason for cancellation. Not foregoing the above, we reserve the right to cancel without a reason.
Any order which is cancelled by us prior to despatch will be refunded within 14 days.
Should you cancel any custom order for which the creation process has not yet started and not dispatched, then a full refund will be provided within 14 days.
Please note that you have the right to cancel within 14 days of purchase, however this will not apply if the custom creation process has already commenced. If we have already posted the print kit this will incur a charge which will include delivery. If the kit has not been used you may return it in full, including the unused return envelope and a full refund will be provided.
If you wish to cancel an order, please email ensuring “Cancel” is in the subject line to: firstname.lastname@example.org
RETURNS AND WARRANTIES POLICY
At Cherished By You we pride ourselves on providing high quality products. All items are handcrafted and made to order, as such returns are not accepted unless the item that has been supplied is incorrect or faulty. In the unlikely event that a product is incorrect or faulty, please contact us within 7 days on email@example.com.
If at our discretion we agree that the item is either faulty or does not match the order and has not been subject to mistreatment by you we will replace the product if it is still available or provide a refund.
Refunds will be issued upon receipt of the returned item. We will also refund the shipping costs. Please ensure that all items are returned in the original packaging. A refund will be made within 14 days after receipt of the returned item.
Should you receive an item which was damaged in transit, ensure that you note this when signing for the item and please contact us within 7 days.
Faults which develop after 6 months will only be subject to a replacement not a refund. Please contact us within 7 days of the fault occurring and we will provide details of the return process. Once we receive the item we will, at our sole discretion, determine whether the fault is a result of mistreatment by you. Should we agree that the fault was not caused by you we will provide a replacement at no cost to you.
ERRORS AND INACCURACIES
Whilst every effort is made to ensure that our site does not contain error or inaccuracies we cannot guarantee the completeness of the information, including but not limited to pricing, images, descriptions, specification, availability and services. By using our site you expressly agree that no offer is to be construed as a legal offer with legal consequences.
We reserve the right to update any errors or inaccuracies on our site. This section is without prejudice to existing statutory rights.
PROMOTION AND DISCOUNT CODES
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Any of our promotions are non-transferable and there is no cash alternative.
Any terms and conditions of any promotion are separate to these Terms.
OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Cherished By You. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
THIRD PARTY LINKS
The Cherished By You site may contain links to third party sites or services which are not owned or operated by us.
Should you wish to provide a link to our website on a third party site prior permission is granted in doing so. If you require any further information, please contact us at firstname.lastname@example.org
RIGHT TO SUSPEND OR CANCEL A USER ACCOUNT
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
You agree to indemnify and hold Cherished By You harmless from any demands, loss, liability, claims or expenses (including legal fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Cherished By You, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Cherished By You assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Guernsey.