Ariael Creatives Online Terms and Conditions
(applicable only if the Site
can be used to purchase goods or services)
1. Introduction
1.1 The terms contained in this document (Online Terms and Conditions) apply to all
transactions for the purchase of products and services (each a “Service” or, two or more, the “Services”) from the Site. By ordering any Services from our Site you are indicating your acceptance to be bound by these Online Terms and Conditions. They form a legal agreement between you and us and can only be amended with our consent. You can print a copy of these Online Terms and Conditions by selecting the print option from the “File” menu of your browser.
1.2 We reserve the right to change these Online Terms and Conditions from time to time without prior notice to you, provided that any such change will not affect any
purchases you have made before the change is implemented.
2. Ordering
2.1 You mayp lace an order to purchase a gift box advertised for sale on our Site by
following the onscreen prompts after clicking on the item you are interested
in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Place Order” button on the checkout page.
2.2 All orders placed by you are
subject to acceptance by us. We may choose not to accept your order for any
reason and will not be liable to you or to anyone else in those circumstances.
2.3 After submitting an order to us, you will be sent an order acknowledgement email with your order reference and details of the products you have ordered. Acceptance of your order and the formation of the contract between us will take place when we send you an email confirming that the products you have ordered are being dispatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below.
2.4 If your order includes a product(s) which are not available from stock, we will contact you by email or by telephone to ask you how you wish to proceed. You will have the option to wait until the products (s) are available from stock, or cancel your order.
3. Prices and payment
3.1 The prices of product advertised for sale on our Site are as set out on our Site. All prices are in pounds (£) sterling, exclusive of VAT, and shipping charges. Shipping charges will be added to the total amount due once you have selected a shipping service from the available option as set out in Shipping Information.
3.2 Prices may change at any time
prior to (but not after) acceptance of your order.
3.3 We cannot accept your order
until you have paid for it in full.
3.4 In the unlikely event that the
price of an item has been incorrectly advertised on our Site, we will contact
you by email or telephone to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed dispatch of your order, we will not be obliged to supply products at the incorrect price.
4. Delivery/ Shipping
4.1 Subject to availability, we will use all reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us.
4.2 We will deliver directly to the address specified in your order.
4.3 The precise timing of a delivery cannot be specified. Certain deliveries may require a signature to confirm receipt.
4.4 Once delivered, the gift box ordered will become your property and your responsibility and, except in
relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
5. Cancellations and returns
5.1 Unless one of the exceptions listed in Clause 5.4, below applies, you may cancel your order (or any part of it) without giving any reason within fourteen (14) days. The cancellation period will expire fourteen (14) days from the day on which you acquire, or a
third party other than the carrier and indicated by you acquires, physical
possession of the goods. To exercise the right to cancel, you must notify us,
giving us your full name, address and order reference (if any) or, alternatively, by returning the Services, in accordance with the provisions below.
5.2 To meet the cancellation deadline,
it is sufficient for you to send your communication concerning your exercise of
the right to cancel before the cancellation period has expired.
5.3 If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery/ shipping (except for the supplementary costs arising if you chose a type of delivery/ shipping other than the least expensive type of standard delivery/ shipping offered by us). We will make the reimbursement using the
same means of payment as you used for the initial transaction, unless you have
expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Alternatively, you may ask us to substitute a product, rather than provide you with a refund, but we can only do that if the product you wish to substitute is of equivalent value to the order you are cancelling.
5.4 You may not cancel your order
if:
the product consist of perishable items, or have been sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
the products have been customised or made to your own specifications; any products which become mixed inseparably with other items after their delivery, unless such products were damaged or faulty when delivered to you or have been incorrectly delivered.
5.5 All such products should be returned within fourteen (14) days of you cancelling your order and, in any event, no later than twenty-eight (28) days after the Service(s) have been delivered to you, in accordance with the following process:
pack
the returns parcel securely, ensuring you include the returns note that
will have been included in the package in which your order was delivered,
and attach the returns address label that will also have been included;
and
return
the parcel to us, we suggest, either by courier or by recorded delivery
mail or other form of certified mail. We advise that you take out enough
postal insurance to cover the value of the contents.
5.6 Our policy on cancellations and
returns does not affect your statutory legal rights.
6. Faulty Services
6.1 If any product you purchase is
damaged or faulty when delivered to you we may offer a repair, exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is faulty, you should notify us to arrange for the return of the Service(s).
6.2 Our policy on faulty products does
not affect your statutory legal rights.
7. Service Information
7.1 We have taken reasonable steps
to display as accurately as possible the colours and other detailing of our products
in the images that appear on our Site. However, as the actual colours and
detailing you see onscreen will depend on your monitor, we cannot guarantee
that your monitor’s display of any colour or other detailing will exactlyreflect the colour or detailing of the product(s) upon delivery.
7.2 Any information on our Site
regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any item you require, we recommend that you contact us prior to placing an order.
8. Orders for delivery outside the
United Kingdom
8.1 If you choose to access our
Site from outside the United Kingdom, you are responsible for complying with local laws, if and to the extent that they are applicable. We do not represent or warrant that any item (s) on our Site is appropriate for use or available in locations outside of the United Kingdom, or that it complies with any legal or regulatory requirements of such other locations.
8.2 Please contact us before
ordering a gift box for delivery outside the United Kingdom. We may refuse to
accept your order should you not contact us before ordering. Subject to us agreeing to and being able to deliver the gift box outside the United Kingdom, as they may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist. For
deliveries outside the United Kingdom, you will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the gift box are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.
9. Security
9.1 We understand that you may have
concerns about security on the internet. Our Site uses a secure server in our
online ordering process to protect your personal information.
9.2 When you proceed to the
checkout, before you are prompted to complete your billing and shipping
address, your browser will go into secure mode. Data relating to your order and
your personal and payment card details will all pass to our server in an encrypted format. As soon as you have finished ordering you will exit secure mode. As an additional protection for you, our system is designed so that you cannot place an order until you are safely within secure mode.
9.3 We recommend that you do not
communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
9.4 If you have any additional
queries about security, please contact us.
10. Our liability
10.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
10.2 You are responsible for the
use you make of the product(s) you order. To the extent not prohibited by law, we accept no liability for any loss or damage which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, business interruption, loss of business or opportunity and other similar losses).
10.3 We accept liability for death
or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
10.4 Nothing in this section or
elsewhere in our Trading Terms affects your statutory legal rights.
11. Personal Data
11.1 We will only use your personal
information in accordance with our Privacy & Cookie Policy. Please take the time to read our Privacy & Cookie Policy, as it includes important terms which apply to you.
12. General
12.1 Failure by us to enforce a
right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Terms.
12.2 If any part of these Trading
Terms is found to be unenforceable as a matter of law, all other parts of these
Trading Terms shall be unaffected and shall remain in force.
12.3 You and we agree that English
law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no
public filing requirements apply.
12.4 A person who is not a party to
this agreement shall not have any rights under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of this agreement.
12.5 Even if we delay in enforcing
this agreement, we can still enforce it later. If we do not insist immediately
that you do anything you are required to do under these Trading Terms, or if we
delay in taking steps against you in respect of your breaking this agreement,
that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can
still require you to make the payment at a later date.
13. How to contact us
13.1 Please feel free to
contact us using the details set out on our Site.
Privacy Policy
This privacy policy sets out how
"Ariael Creatives LTD" uses and protects any information that you give “Ariael Creatives LTD” when you use this website.
“Ariael Creatives LTD” is committed to
ensuring that your privacy is protected. Should we ask you to provide certain
information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
“Ariael Creatives LTD” may change this
policy from time to time by updating this page. You should check this page from
time to time to ensure that you are happy with any changes. This policy is effective from 2022.
What we collect
We may collect the following information:
name and contact information including
email address, social media handle, demographic information such as postcode,
preferences and interests as well as other information relevant to customer
surveys and/or offers
What we do with the information we gather
We require this information to understand
your needs and provide you with a better service, and in particular for the
following reasons:
Internal record keeping.
We may use the information to improve our
products and services.
We may periodically send promotional email
about new products, special offers or other information which we think you may
find interesting using the email address which you have provided.
From time to time, we may also use your
information to contact you for market research purposes. We may contact you by
email, phone, social media, fax or mail.
We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your
information is secure. In order to prevent unauthorised access or disclosure we
have put in place suitable physical, electronic and managerial procedures to
safeguard and secure the information we collect online.
What we share with others
We share information with third parties who help us provide our orders and store services to you.
Payments
We accept payments through PayPal and Stripe.
When processing payments, some of your data will be passed to PayPal, including
information required to process or support the payment, such as the purchase
total and billing information.
Privacy policy updates
We reserve the right to modify this privacy
policy at any time, so please review it frequently. Changes and clarifications
will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify
which pages are being used. This helps us analyse data about web page traffic
and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a
better website, by enabling us to monitor which pages you find useful and which
you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to enable you
to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise
caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection
or use of your personal information in the following ways:
whenever you are asked to fill in a form on
the website, look for the box that you can click to indicate that you do not want
the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using
your personal information for direct marketing purposes, you may change your
mind at any time by writing to or emailing us at hello@ariaelcreatives.com
If you leave a comment on our site you may
opt-in to saving your name, email address and website in cookies. These are for
your convenience so that you do not have to fill in your details again when you
leave another comment. These cookies will last for one year.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely.
If you choose to register on our website
this information will be stored. All registered users can see, edit, or delete
their personal information at any time.Website administrators can also see and edit that information.
We may contact you to notify you regarding
your account, to work through problems with your account, resolving disputes,
collection of fees or monies owed, pollinr opinions through surveys or
questionnaires, to send updates about our company, or as otherwise necessary to
contact you to enforce our User Agreement, applicable national laws, and any
agreement we may have with you. For these purposes we may contact you via
email, telephone, text messages, and postal mail.
We will not sell, distribute or lease your
personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal
information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 38 Summit Road Northolt UB5 5HL
If you believe that any information we are
holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.