THE SMALL PRINT

TERMS AND CONDITIONS

The following terms and conditions apply to all purchases by the user (defined as “you/your”) from Fandom Cross Stitchery (defined as “we/us/our”). The “site/website” is defined as fandomcrossstitchery.com and covers all information provided on the site including, but not limited to, written text, videos, photographs and other images. As a user of the site, you are deemed to have read, acknowledged and accepted these terms and conditions, which are subject to change without notice at our discretion. If you do not accept these terms and conditions, you should not use the website or place an order.

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1. ORDERING

When you place an order with us, you are deemed to have read and accepted these terms and conditions.  We are under no obligation to accept your order.  Goods supplied are not for resale.

You can request to submit an order by using the online store at fandomcrossstitchery.com.  Please ensure that the email address you use is accurate and up to date.  Once payment is received in full, a binding agreement will exist between you and us on these terms and conditions.

 

Once your order is placed, goods will be delivered to you in one of two ways:

1. Digital files will be emailed to the email address you provide to us.  This will usually be done within 1 working day, although we reserve the right to take up to 5 working days if extenuating circumstances exist.  If you have purchased a digital item (listed on the online store as ‘pattern’ or ‘PDF’) no physical item will be shipped to you.

2. Physical orders will be shipped to the shipping address you provide us during checkout.  This will usually be done within 1 working day, although we reserve the right to take up to 5 working days

 

We may not accept your order if:

• There is a problem with your payment or order.

• We find a product or pricing error.

• You do not accept these terms and conditions.

 

If we do not accept your order, you will be notified via an email to the email address you supplied to us when placing your order, and refunded if applicable.

 

All products are subject to availability.  We cannot guarantee the availability of advertised products but will endeavour to ensure the accuracy of the content of our site.  We reserve the right to change or withdraw products without notice if we deem it necessary.

Whilst we take great care to ensure the accuracy of our product descriptions, there may be a difference between the actual product and photographs of it on our website.  The way in which colours are represented will depend on your computer settings.  All measurements are approximate.

 

2. PAYMENT

Payments are accepted and processed through Wix.com, using a secure third party payment service provider.  Whilst we make every reasonable effort to ensure payments are conducted in a secure environment, we cannot accept responsibility for the operation of the payment provider and will not be held liable for any loss you may suffer, if a third party obtains unauthorised access to any information provided via said payment provider. Please see Wix’s terms and conditions for further information.

 

We do not accept part-payments or payment plans; the invoice is to be paid in full.

 

3. PRICES

The prices displayed on our website are subject to change without notice.  The price of your product is applicable at the time of purchase.  Prices are not subject to VAT and do not include delivery; delivery charges are explained below.

 

We will not honour a price that is incorrect, even if we have, in error, confirmed your order at this incorrect price.  If we have erroneously confirmed your order at an incorrect price, we will contact you and refund / invoice you the difference.  If you do not wish to proceed at the correct price, you will be issued a full refund (excluding digital orders).

 

4. DELIVERY

Physical orders: Delivery charge is not included in the price of the product and will be clearly detailed in your invoice.  It will be charged at cost; we do not make a profit from our postage and packaging charges.  All deliveries will be sent via Royal Mail, details of current delivery charges can be found on Royal Mail’s website. Delivery dates and estimates cannot be guaranteed.  

 

UK orders over a value of £20 will be sent via Royal Mail Signed For, and orders over £50 will be send Royal Mail Special Delivery.  All international orders (i.e. destinations outside of the UK) will be sent via Royal Mail International Tracked & Signed where this service is offered.  Proof of postage is obtained for every order dispatched.

 

If you are not at home or otherwise unable to sign for the parcel, a card will be left by the delivery driver with details on how to retrieve your order.  More information can be found on the courier's website.  You will be responsible for the products as soon as they are signed for.  We will not be held responsible for any failure on the part of the courier to deliver your order.

 

Digital Orders: digital files are sent via email. No physical product will be shipped to you.  Please ensure the email address you provide during checkout is accurate as mistakes cannot be rectified once the order email has been sent.

 

5. CANCELLATIONS & RETURNS

You are free to cancel your order at any stage before shipping (excludes digital items).  Cancellations will only be accepted in writing or via email.  

 

We cannot accept cancellations or returns on digital orders (listed on the online store as ‘pattern’ or ‘PDF’).

 

We reserve the right to cancel any order for any reason, and will notify you via email.  Possible reasons include, but are not limited to the following:

 

• Potentially fraudulent order.  If we believe the order to be from a fraudulent source, or are otherwise in doubt as to the validity of the order, then we may cancel an order without notice.

• Incorrect pricing.  For more details on this please see point 3: ‘Prices’ above.

• Illness.  In the highly unlikely event that illness on our part prevents shipment of your order to such an extent that it cannot be completed within a satisfactory amount of time, we will contact you to arrange cancellation of your order and a full refund will be issued.

 

If we cancel an order after payment has been made, a full refund will be processed.

 

We will only accept returns if the goods are in an unused, resellable condition.  We will not accept returns after 14 days from receipT; ‘receipt’ being defined as the date the order was signed for with the courier service.  If you wish to return your order, please contact us via email with details of the fault (including photographs) for authorisation before returning it.  If the product is deemed by us to be faulty, or your rejection of faulty goods is deemed by us to be valid, we will contact you to determine whether a repair, replacement, or full or partial refund is preferable; supply you with a return address and cover shipping costs.

The Sale of Goods Act states that if you wish to reject faulty goods, you have to do so within a 'reasonable time'. We interpret a ‘reasonable time’ as 14 days from receipt of your order. We will not accept return of goods after this period for any reason.

 

As per the Distance Selling Regulations, you are free to cancel an order of any physical product within 14 days of receipt, for any reason (excluding bespoke / custom items).  If you cancel your order under the Distance Selling Regulations, we require that you cover the costs of returning the goods to us, and ask that you also return any packaging and instruction booklets along with the order.  You have a statutory duty to take reasonable care of the goods while in your possession.  You must also take reasonable care to ensure that we receive the goods and that the goods are not damaged in transit.  If you do not exercise reasonable care and the goods are damaged, we may claim against you for breach of this statutory duty.  We will process the refund within a maximum of 30 days.

 

6. WARRANTY

We offer no warranty for our goods but we take every reasonable precaution to ensure that they are durable and of high quality.

 

It is our responsibility under the Sale of Goods Act 1979 to ensure that our products conform to contract, are of a satisfactory quality and are fit for purpose.  This means we must ensure that all product descriptions are accurate; that the products are safe, free from defects and function properly; and that the products are capable of doing what they were designed for (i.e. providing a kit for an adult to create a craft project using cross stitch techniques).  We make every effort to ensure that our descriptions are up to date and accurate.  We use high quality materials to ensure the quality and safety of each product, and our design process ensures the instructions fulfil their purpose of offering an understandable way of creating a finished product that resembles the pattern provided.

 

7. INTELLECTUAL PROPERTY

We reserve the intellectual property rights to the design of our patterns. The customer can claim no intellectual property rights over finished works created from our patterns.

 

8. DATA & PERSONAL DETAILS

When you post any material to our website or social media pages, you grant us non-exclusive, worldwide, perpetual, royalty-free licence under your copyright and other intellectual property rights to use or display or distribute said material in any way without any duty to account to you.  We will normally contact your before using or displaying your material, but are under no obligation to do so.

 

To the extent that it is legally possible, we make no warranty that our website and services will meet your requirements; that your use of our website will be error-free; or that any errors or inaccuracies will be corrected.  We will not be held liable for any damage or loss incurred from your use of our website.

 

We take every reasonable precaution to protect any personal data you share with us. For full details of how we use and store your data, please see our Privacy Policy.

 

We retain the right to delete any material transmitted to us by you and will not be held liable for deleting or failing to store any such material.

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9. EXTERNAL LINKS

We may provide links to other websites or resources.  We do not endorse the contents of these websites and will not be held responsible for their content or their privacy policy.  If you visit third party links you do so at your own risk and we cannot be held liable for any damage or loss incurred from your use of external websites.

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11. LIABILITY

We accept no responsibility for, nor will we be held liable for any damage, injury or loss sustained through improper use of our products.  It is your responsibility to check the products for faults before use.   It is your responsibility to read all instructions and safety warnings prior to use.  Instructions and warnings are available on the website and enclosed in hard copy with your order; safety warnings are listed again below under point

 

12: SAFETY 

You must ensure you have read and fully understood these instructions before using your kit or needleminder.  If you are in any doubt about safe operation, you must contact us for clarification before attempting to use the product.  Failure to adhere properly to the instructions and warnings may result in injury.

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12. FORCE MAJEURE 

In these terms and conditions, a ‘Force Majeure Event’ means any act of God including (but not limited to) any fire, flood, earthquake, windstorm or other natural disaster; act of any sovereign or government including (but not limited to) any war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, act of terrorism, military or usurped power or confiscation, nationalization, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of any government sanction, embargo or similar action; law, judgement, order, decree, blockade, labour dispute including (but not limited to) any strike, lockout or boycott; interruption or failure of utility service including (but not limited to) electric power, gas, water or telephone service; failure of any transportation or any personnel equipment or machinery, the shortage of any product(s) or material(s) required by the us for completion of the relevant order/contract and/or (without prejudice to the generality of the foregoing) any other event or circumstance that is beyond the reasonable control of the party in question.

 

Neither we nor you will be liable to the other for any delay in performing, or for any failure to perform, any of its obligations under these terms and conditions that is caused by any Force Majeure Event.  The party claiming that the Force Majeure Event has affected the performance of its obligations will promptly notify the other party in writing of the reasons for the delay or stoppage (and the likely duration thereof) and will take all reasonable steps to overcome the delay or stoppage, to bring the Force Majeure Event to a close or otherwise to find a solution by which the relevant order/contract may be performed despite the Force Majeure Event affecting the party in question.

If the party affected by the Force Majeure Event has complied with the above provisions of this paragraph, the performance of its obligations under these terms and conditions will be suspended for the period that the Force Majeure Event continues, and such party will have an extension of time for performance which is reasonable in all the circumstances.  As regards any such delay or stoppage any costs arising from the delay or stoppage will be borne by the party incurring those costs, and either party may, if the delay or stoppage continues for more than thirty continuous days, terminate the relevant order with immediate effect, on giving written notice via email to the other party and, in any such case, neither we nor you will be liable to the other for (or in connection with) any such termination.

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13. GENERAL

You are not permitted to reproduce, sell or exploit for any purpose any part of the web site or our services.  These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts.  For up-to-date information on our services and all support facilities or if you are dissatisfied with our web site, our services or have any questions concerning these terms and conditions, please contact us via email to fandomcrossstitchery@mail.com.