Terms and Conditions

1. GENERAL

1.1 We may revise these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. 1.2 You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.

2. ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement via email, detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from us.

2.2 Your order is an offer to us to purchase the product specified in the order. Our acceptance of an order takes place when we accept payment or dispatch the product, whichever is sooner. When we dispatch the product the purchase contract will be made even if your payment has not been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order:where we cannot obtain authorisation for your payment; orif there has been a pricing or product description error; orif you do not meet any eligibility criteria set out in our terms and conditions.Order acceptance is subject to internal anti-fraud security checks which may result in the cancellation and refund of customer orders.

2.4 If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:up to 30 days: if your item is faulty, then you can get a refund.up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

3. DELIVERY

For full details on delivery charges and estimated timescales please visit our delivery page. Information on these items will also be provided when you place your order with us.

We make every effort to deliver products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Risk of loss and damage to goods passes to you on the date when the goods are delivered.

4. PAYMENT

4.1 You can pay for your purchases online using most major credit or debit cards, including Mastercard, Visa Credit Card, Visa Debit Card, Visa Electron, Solo and Maestro. You can also make payment using PayPal and Clearpay.

4.2 To ensure that your credit or debit card account is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. We confirm that any personal information that you provide to us is held strictly in accordance with the Data Protection Act 1998.

4.3 We will take reasonable care to keep your order and payment details 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 this website.

4.4 Retention of Title - Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with Hochanda Global Limited until Hochanda Global Limited has received payment of the full price of (a) all goods and/or services the subject of the sales contract and (b) all other goods and / or services supplied by Hochanda Global Limited to the buyer under any contract whatsoever. Payment of the total full retail price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between Hochanda Global Limited and the buyer.

5. PRICING

5.1 The price you pay is the price displayed through service at the time we receive your order, apart from if we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price, or cancelling it. If you cancel and you have already paid for the products, you will receive a full refund. If we are unable to contact you we will treat the order as cancelled. While we try and ensure prices are accurate, our services contain a large number of products and it is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced.

5.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure found within our delivery section.

5.3 All product prices are shown in £ Sterling and are inclusive of VAT (Value Added Tax) at the current applicable rate, unless specified otherwise.

5.4 Orders from outside the UK or EU may be subject to import duties and taxes. All applicable duties, fees and any additional charges for customs clearance levied by the importing country at the time the shipment arrives in your country are your sole responsibility.

6. RETURNS

For information about cancellation and returns, please refer to cancellation and returns. If you take advantage of any multibuy offer or discount, you will be refunded according to the discount that was applied to the offer. In the unlikely event that you receive faulty or damaged goods, please contact us at Customer Services as soon as possible. There is more information in Cancellation and Returns regarding returning faulty or damaged items.

It is our responsibility to supply you with goods that meet your consumer rights. In the unlikely event there is an issue with your order or payment please contact our Customers Service team within 14 days of your order being shipped. - Damaged or missing items need to be reported within 14 days of the receipt of the order. - Any queries in regards to missing orders need to be informed to Create & Craft (Hochanda Global Limited) within 14 days from the date of dispatch. For any queries in regard to the above please contact our Customer Services team who are available 9am to 5pm Monday to Friday (excluding UK bank holidays).

If you wish to exercise your legal rights to reject products you must return them by post back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01733 60 2000 or email us at [email protected] for a return label or to arrange collection.

The following categories are excluded from the 14 day money back guarantee:

• Personalised Products
• CD`s
• Digital Downloads
• Food and drinks
• All made to order products from Storage 4 Crafts and other companies; including continuous lengths of fabric cut by the following Suppliers - Fabrics and Craft (Fabric Freedom), Natasha Makes, Visage Textiles, Hochanda Global Warehouse and Higgs and Higgs
• Live Plants, bulbs, tubers and other perishable gardening items.

Orders for any live plants or any other perishables can be cancelled up until the point of dispatch. Once dispatched they are exempt from our standard 14 day guarantee. Should your plants arrive dead, damaged or not as advertised please contact customer service with pictures and they will arrange a refund or replacement. Any hardware items are unaffected.

7. INTELLECTUAL PROPERTY

7.1 You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the software and all material or content on this Website (including without limitation photographs, graphical images, artwork, data compilations, audio and video material) shall remain vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

7.2 You acknowledge and agree that the material and content contained within our services is made available for your personal non-commercial use only and that you may only download and print such material and content for the purpose of using this website, including making a purchase. You further acknowledge that any other use of the material and content of this website is strictly prohibited and 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.

7.3 Any rights not expressly granted in these terms are reserved.

8. AVAILABILITY OF SERVICES

8.1 While we try to ensure that the Services are available at all times, we will not be liable if for any reason they are unavailable at any time or for any period.

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

9. VISITOR MATERIAL AND CONDUCT

9.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to our services will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We 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.

10. LINKS TO OTHER SERVICES

10.1 To provide increased value and for the convenience of our customers we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that , as you have chosen to enter the linked website, we are not responsible for the availability of such external resources or sites, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for

• (i) the privacy practices of such websites; or
• (ii) the content of such services, 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 which others make of these websites; or
• (iv) for any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance on any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

11. REGISTRATION, PASSWORDS AND SECURITY

11.1 To register with Create and Craft (Hochanda Global Limited) you must be aged 18 or over.

11.2 You must ensure that the details provided by you on registration or at any time are true, accurate, current and complete. You can update your registration at any time at the Customer Account section of our website.

11.3 When you register to use our services you will be asked to create a password. You must keep this password and your user name confidential and not disclose these or share them with anyone. Each registration is for a single user only.

11.4 You are responsible for the security of your password and you will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, you should contact us immediately.

11.5 We may ask you to change your password, suspend or cancel your registration immediately at our reasonable discretion if we believe that there is likely to be a breach of security or misuse of the website, or if you breach any of your obligations under these terms and conditions.

11.6 If you are registering as a customer over the telephone you need to supply us with a valid telephone number so that we can register you as a customer. Unless you allow it, no outbound marketing calls will be made to this telephone number.

11.7 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. In particular, we will not be responsible for ensuring that the goods you order are suitable for your purposes. This does not affect your legal rights as a consumer, nor does it affect your contract cancellation rights.

11.8 Subject to clause 12.6 below, our liability to you (whether in tort, contract or otherwise) will be limited to the purchase price paid by you for the products plus any postage and packaging costs.

11.9 Except to the extent set out in these terms, 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 the terms and conditions for any:

• Loss of goodwill or reputation; or
• Special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions

11.10 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury arising from our negligence, fraud, fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

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

12. INDEMNITY

12.1 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 the Services, or the use by any other person using your registration details.

13. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts for all purposes in connection with these terms and conditions including our privacy policy.

14. MISCELLANEOUS PROVISIONS

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

14.2 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.

14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

14.4 If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation in which you breach these terms and conditions.

14.5 These terms and conditions and the policies referred to in them and your order form are the only terms which apply to your use of the services and the purchase of products from us via the Services. You acknowledge that you have not entered into this arrangement in reliance on any other statement, warranty or representation made by us or on our behalf.

14.6 Any reviews on products posted on www.createandcraft.com are the expression of opinions by individuals and do not represent our views.

14.7 Hochanda Global Ltd, trading as Create and Craft, reserve the right to amend, alter, or cancel any promotion on live TV or via digital communications.