These terms and conditions apply to the use of this website at www.ruthkaygifts.co.uk (the "Website"). By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website 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 then we advise you to not use this website.
Any reference in these terms and conditions to "we" or "us" refers to Ruth Kay Gifts.
Our contact details are as follows:
Ruth Kay Gifts
19 Pineside Avenue
You will be able to access all areas of this website without registering your details with us.
We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then 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 Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, it is advised that you should not continue to use this website.
Ordering From Us - Physical Products
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.
Our acceptance of an order takes place when we dispatch the order to the customer. When we dispatch 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 for any reason.
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 your order for personalised products contains content, which is deemed inappropriate for an order, i.e. threatening or abusive.
Amending and cancelling an order for any product before production - Physical Products
Definition of amendment: request to change personalisation, delivery contact name and address, or upgrade delivery method
Definition of cancellation: request to cancel whole or part or your order.
If you have placed an order for a personalised product, you can make the request to amend your order by contacting us as soon as possible via email to email@example.com indicating your order number and which items you would like to amend. Our website is designed to give customers every opportunity to check all input/personalisation details and dates.
If your product whether personalised or not personalised has gone into production or has been dispatched between when you place the order and when we pick up your request to amend or cancel your order, then we will be unable to amend or cancel the order. We do not work weekends or bank holidays, therefore if you have made a request to amend or cancel your order during this period we will pick up your request when we start the next working day, and will always try to notify you that day if your request was successful. However, we do experience high volumes of customer contact which can delay our response and action to your request.
We cannot guarantee that we will be able to amend order details or cancel your order, as our products are often sent immediately for production but we will make every effort to make your request successful.
Delivery - Physical Products
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. If you require us to send out your order to a different address after it has been returned then there will be a charge for posting it out again. 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 the recipient.
We deliver worldwide. If you are outside the UK, please select your delivery country when specified.
The majority of our UK orders are dispatched signed for Royal Mail. All international orders are sent using a tracked service. If you have not received your items you must check with your local sorting office even if you have not received notification that they are holding items for you. We reserve the right to wait up to 15 working days for UK orders and 30 working days for international orders from the date of dispatch before replacing the undelivered item. In the event that we reproduce an item for you and subsequently the original is returned to us as undelivered we reserve the right to charge an administration fee of up to 100% of the sales price of the reproduced product. In the unlikely event that you do not receive your order within 15 days for UK orders or 30 days for international orders from the notification of dispatch then Ruth Kay Gifts shall have no liability to you unless you inform us of the problem by e-mail at firstname.lastname@example.org within 35 days of dispatch notification.
International Delivery - Physical Products
If you order products from our site for delivery to one of the international delivery destinations, your order may be subject to delays and import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
Returns - Physical Products
Your rights to return the goods to us will not apply in the following circumstances:
If you return an item because of an error on our part, or because it is defective, we will happily replace the item and refund any costs incurred in returning it to us. The item(s) must be returned in the condition in which you received it within 14 days of delivery. We cannot be responsible for returns that are lost in transit. We recommend sending the packages by recorded/special delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind. You should contact us by email at email@example.com as soon as possible but no later than 14 days from receipt of the product. The item must be returned within 30 days of delivery.
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level.
This returns policy does not affect your statutory rights.
All digital download sales are final and non-refundable, should you have issues with a download then this should be reported to us by email at firstname.lastname@example.org within 7 days of purchase.
Your purchase will be available for download for 7 days from time of purchase. You can download your digital files from the website immediately after checkout. You will also receive an order confirmation email with a download link to your registered account/PayPal email. We advise downloading your design/s immediately. All digital downloads have a maximum 3 download limit. Please contact us should you require access to your purchased deigns after the 7 days have expired, we will resend them at our discretion which may attract a charge.
While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website 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
(a) - that is threatening, defamatory, obscene, indecent, seditious, offensive, 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
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.
While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material. The colour of the product you receive may vary from the colour as displayed by our website on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.
The material on this website 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 this website 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 this website.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), 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 this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website 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 this website or your downloading of any material from this website or any websites linked to this website.
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 this website 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 this website, or the use by any other person using your registration details.
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 this website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.
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.