We Create You Applaud

We are the new you

Welcome to We Create*
the home of young British fashion design_

Terms & Conditions

These Terms and Conditions contain:



We Create* Terms and Conditions of Trade 2010; and

We Create* Terms and Conditions of Use 2010.

We Create* Terms and Conditions of Trade 2010 ("Terms and Conditions of Trade")



Introduction



YOU ARE RECOMMENDED TO KEEP A COPY OF THESE TERMS AND CONDITIONS OF TRADE AND SHOULD READ THEM THOROUGHLY TO UNDERSTAND YOUR RIGHTS AND THE We Create* COMMITMENT TO YOU.



Definitions



"you" and "your" - the person who places the order with We Create*.


"We Create*" - Richard Leighton (proprietor) trading as We Create*:



Address:
69A Penns Lane
Birmingham

West Midlands

B72 1BJ

United Kingdom


Tel: +44 (0) 121 350 5579

Mob: +44 (0) 7837 374 277

Email: hello@WeCreate.org.uk

Domain: http: http://WeCreate.org.uk

General

These Terms and Conditions of Trade are incorporated into every contract entered into between you and We Create* and are agreed to be the entire contract between the parties to the exclusion of all other representations, terms and conditions not expressly agreed to by We Create* in signed writing with you.

Each contract entered between you and We Create* is a separate and mutually exclusive undertaking which attracts no collateral rights between the parties where two or more separate contracts have been entered between the parties.

Construction

All headings and sub-headings in these Terms and Conditions of Trade are for information purposes only and are not to be taken into consideration in the construction of these Terms and Conditions of Trade. Should any clause(s) in these Terms and Conditions of Trade be unlawful or otherwise unenforceable those clause(s) shall not apply but only to the extent that those clause(s) are unlawful or otherwise unenforceable and no further.

Privacy Policy

The We Create* Privacy Policy 2010 is incorporated into these Terms and Conditions of Trade and forms part of this contract.

IMPORTANT: Disclaimers and Limitation of Liability

We Create* shall only be responsible for losses up to the value of the order placed, when caused by a breach of the contract by We Create*.

We Create* shall not be responsible for any consequential losses or pure economic losses caused by any breach of the contract whatsoever, even if those losses are within the reasonable contemplation of the parties, foreseeable pure economic losses or where you have notified We Create* of any possible or probable consequential losses or pure economic losses that could or would occur upon breach of the contract. All claims shall be extinguished and time barred absolutely following the expiry of the period of two years from the date that delivery of the goods occurred or ought to have occurred.

Statutory Rights

We Create* cannot provide any warranties beyond those in the Sale of Goods Act 1979, as amended, regarding the provision of goods of a satisfactory quality.

These Terms and Conditions of Trade do not affect your statutory rights under the laws of England and Wales or any applicable EC laws.

Order Processing and Shipping

We Create* do not begin to process orders until payment is debited to the We Create* bank account.



Once payment is received We Create* will endeavour to process your order as quickly as is reasonably practicable under all the circumstances.



The following details indicate the usual dispatch periods expected once order processing has begun:



Standard goods will be dispatched the next working day when the standard goods are in stock;
When standard goods are not in stock the standard goods ordered will be dispatched within 25 working days;
Custom goods will be dispatched within 28 working days;
When the goods ordered include standard (in stock and/or out of stock) goods and/or custom goods they will all be dispatched within the longer period of dispatch indicated above.



Should any goods ordered not arrive by the expected delivery date please wait at least 7 working days before reporting any unarrived goods in case there have been any delays in the delivery process following dispatch.



We Create* will endeavour to inform you of the estimated dispatch and delivery dates, by email, for all standard goods, when out of stock, and for all custom goods.

Low value goods (less than £5) will be sent by first-class post to the delivery address you have provided.

Goods of higher value (more than £5) will be sent by second-class recorded delivery to the delivery address you have provided.



All custom goods will be delivered by express recorded courier service to the delivery address you have provided. These deliveries will be notified to you in advance by email for both date and expected time of delivery, when available.



PLEASE NOTE: when there is nobody available at the delivery address to sign for higher value deliveries the delivery person should leave a notification indicating when and where the delivery can be collected and/or alternative delivery options. We Create* shall not be held responsible for any out-of-pocket expenses incurred by you in arranging for and/or collecting the goods from the courier when nobody was available to receive the goods at the delivery address you provided.

Payment and Prices

Payment will only be accepted in UK Pounds Sterling (£) denomination.



All prices quoted include the price of the goods, any screen-printing, value added tax and the cost of standard UK mainland shipping.

We Create* do not ordinarily accept orders via the We Create* website (http://WeCreate.org.uk) for goods that are to be delivered outside the UK mainland.

However, should you wish to do so, orders that are to be delivered outside the UK mainland can be negotiated and arranged on an individual basis. Orders that are to be delivered outside the UK mainland are charged at an additional rate for EU and international shipping, any export or import taxes that are applicable will be for your account.

If you are ordering for a delivery outside the UK mainland you must contact We Create* directly to confirm full details of the additional cost of EU or international shipping that will be applicable to your order.

Sale and Return

As a consumer, you have various statutory rights when purchasing goods at a distance, which includes orders over the internet and by telephone, under the Consumer Protection (Distance Selling) Regulations 2000.



(a) standard goods

Standard goods are those that are ordinarily kept in stock by We Create* and are not otherwise manufactured or personalised to your specifications.

Please ensure that all your order details are accurate for all standard goods ordered by reading the product guide information given and following other applicable ordering instructions given on the We Create* website (http://WeCreate.org.uk).



(i) cancellation

For standard goods, when you have received notification of your right to cancel following the placing of your order, you have the right to cancel the order, without reason, by letter, email or another durable medium, within 7 working days, beginning the day after the receipt of delivery of the standard goods by you. This period is given to you to enable you to inspect the standard goods, in the same way that you would in a shop before making a purchase.



If you received notification of your right to cancel only after the delivery of the goods to you the 7 working days period for cancellation begins upon receipt of the notification of your right to cancel, beginning from the day after you received the notification.

If you received no notification of your right to cancel the right to cancel lapses 3 months and 7 working days after you received delivery of the standard goods, being the statutory period specified by the Consumer Protection (Distance Selling) Regulations 2000.



Any cancellation is to be addressed to:


We Create*
69A Penns Lane
Birmingham
West Midlands
B72 1BJ
United Kingdom



Email: hello@WeCreate.org.uk



Should you decide to cancel the contract it is your responsibility to return the standard goods, at your own expense, to We Create*. A refund of the price of the goods will only be made once the goods are received by We Create*.

You must exercise reasonable care in looking after the goods while they are in your possession, so that they are returned to and received by We Create* in their original condition and packaging.

If you fail to exercise reasonable care in looking after the goods you will not be entitled to a refund and will have the goods returned to you at your expense or otherwise made available for you to organise collection from We Create*.

A failure to exercise reasonable care includes, but is not limited to, getting make-up, deodorant or other substances on the standard goods when trying them on, storing them or packaging them for return.

We Create* will not be responsible for the cost of you returning standard goods, subject to where the goods fail to meet the statutory requirement of a satisfactory quality.

If the standard goods are not of a satisfactory quality you must include a receipt for the cost of postage in order to receive reimbursement for the cost of postage. If you fail to pay for the return of standard goods, when of a satisfactory quality, We Create* has the right to deduct the cost of the return of the goods from your refund.

Standard goods must be returned to:

We Create*
69A Penns Lane
Birmingham
West Midlands
B72 1BJ
United Kingdom



Where you are entitled to cancel the contract, and do so, we will refund the purchase price within 30 days, following the receipt by We Create* of the returned goods at the above address.



(ii) exchange

Should you instead wish to exchange the standard goods you ordered for alternative standard goods, such as exchanging a medium sized T-shirt for a larger or smaller sized T-shirt, you must notify We Create* within 7 working days, beginning the day after you received the delivery, that you wish to exchange the standard goods.

You must return any standard goods to be exchanged at your own cost to We Create*.

Following receipt and inspection of the goods by We Create*, provided they are in their original condition and packaging, We Create* will dispatch the exchanged standard goods to you, in accordance with the We Create* Order Processing and Shipping policy, above.



(b) custom goods

Custom goods are those that are manufactured or personalised to your specifications.



PLEASE NOTE: excluded from your right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000 are custom goods that are manufactured or personalised to your specifications.



Please ensure that all your order details are accurate for all custom goods ordered. As all custom goods are made to your specifications We Create* does not operate a returns policy for custom goods, unless they are not of a satisfactory quality, as defined by the Sale of Goods Act 1979, as amended.

For custom goods that fail to comply with the requirement of satisfactory quality, We Create* only provide a refund of the value of the specific substandard custom goods from the order made.

In order to receive a refund you must return substandard custom goods to We Create* in their original condition. If the custom goods are found to be substandard, following inspection by We Create*, you will be refunded the value of the custom goods and the cost of returning them.

You must include a receipt for the cost of returning the custom goods to We Create* in order to be entitled to a refund for the cost of returning the custom goods. If the custom goods are found not to be substandard they shall be returned to you by We Create* at your expense or otherwise made available for you to organise collection from We Create*.

Law and Jurisdiction

The We Create* website (http://WeCreate.org.uk) and all activities relating to the operation and trading of We Create* shall be subject to the laws of England and Wales.

All disputes relating to the We Create* website (http://WeCreate.org.uk) and all activities relating to the operation and trading of We Create* shall be subject to the exclusive jurisdiction of the Birmingham County Court, or otherwise the courts of England and Wales.

- Contracts (Rights of Third Parties) Act 1999
- The Contracts (Rights of Third Parties) Act 1999 is hereby excluded from application to these Terms and Conditions of Trade, so that this contract does not confer any right upon third parties to enforce a term of this contract against We Create*.
- Amendment of Terms and Conditions of Trade
- We Create* have discretion to amend these Terms and Conditions of Trade as and when deemed appropriate by We Create*.
- We Create* Terms and Conditions of Use 2009 ("Terms and Conditions of Use")

General

By viewing and using the We Create* website (http://WeCreate.org.uk) you agree to be bound by these Terms and Conditions of Use.

Privacy Policy

The We Create* Privacy Policy 2005 is incorporated into, and forms part of, these Terms and Conditions of Use.

Submission of Digital Photographs and Short Videos

By submitting digital photographs and/or short videos ("digital images") to We Create* for display on the We Create* website (http://WeCreate.org.uk) you represent and warrant that the digital images:

- Have been created by you; or
- You have the permission of the creator of the digital images to submit the digital images for display on the We Create* website; and
- You have permission and consent from the people in the digital images to the submission and displaying of the digital images on the We Create* website; and
- That the content of the digital images does not contain any lewd pornographic content; and
- That the content of the digital images was not created through or during any criminal act(s) or otherwise inappropriate circumstance(s); and
- That the digital images contain no viruses or other harmful programming content.

By submitting your digital images to We Create* you give permission to We Create* to alter, edit, sensor or delete any and all of the contents of those digital images at the sole discretion of We Create*.



PLEASE NOTE: should the digital images submitted by you contribute to any losses, damages or costs, howsoever caused, to We Create*, whether through receipt by We Create* or through display upon the We Create* website (http://WeCreate.org.uk), you hereby agree to indemnify We Create* for the full extent of all losses, damages and costs involved including, but not limited to, any legal costs caused in maintaining or defending any legal action with you or any other third party and through any loss or withdrawal of web hosting or payment processing services.

Contents of Website

We Create* cannot be held responsible for any losses howsoever caused to you through the viewing and use of the We Create* website (http://WeCreate.org.uk) or any links to or from external web pages attached to the We Create* website (http://WeCreate.org.uk).

We Create* does not represent or warrant that any or all of the We Create* website (http://WeCreate.org.uk) is free from viruses or any other harmful programmes.

We Create* also does not represent or warrant that the We Create* website (http://WeCreate.org.uk) is free from unauthorised access by third parties.

To protect your computer you should ensure that up-to-date firewall and anti-virus software is installed on your computer.

Law and Jurisdiction

By viewing and using the We Create* website (http://WeCreate.org.uk) you agree to be bound by the application of the laws of England and Wales.

By viewing and using the We Create* website (http://WeCreate.org.uk) you agree to be bound by the exclusive jurisdiction of the Birmingham County Court, or otherwise the courts of England and Wales, in relationship to any dispute arising from, connected to or regarding We Create* and the We Create* website (http://WeCreate.org.uk).

Amendment of Terms and Conditions of Use

We Create* have discretion to amend these Terms and Conditions of Use as and when deemed appropriate by We Create*.

We Create* Privacy Policy 2010 ("Privacy Policy")

General

We Create* take your privacy seriously. The purpose of this Privacy Policy is to explain how we use the personal details and other personal data ("personal information") you provide to We Create*.

Agreement to Privacy Policy

By viewing and using the We Create* website (http://WeCreate.org.uk) or otherwise providing personal information to We Create* you understand and agree that We Create* will store and use any personal information provided by you for the purposes described in this Privacy Policy.

Handling and Processing of Personal Information

We Create* operate in accordance with the requirements of the Data Protection Act 1998 for the handling and processing of your personal information.

We Create* handle and process your personal information for the following purposes only:

- For the handling and processing of order(s), payment(s) and related purposes, made through the website, or by other means, between you and We Create*; and
- For the marketing and publicity of We Create* and its affiliates to you, unless you have indicated otherwise (as to which, see below); and
- For the purposes of business analysis by We Create*, in order to help improve our goods and services to our customers.

We Create* also reserve the right to conduct enquiries with credit reference agencies and other organisations in order to verify that you are the authorised credit or debit card user or authorised payor, for cheques, if you place an order for goods with We Create*.



If you submit digital photographs and/or short videos ("digital images") to We Create*, for display on the We Create* website (http://WeCreate.org.uk), we will maintain a record of your personal information to identify you as the person who submitted the digital images, for entry into any relevant We Create* digital images competition(s) and for the marketing and promotion of We Create* and its affiliates, unless you have indicated otherwise (as to which, see below).



PLEASE NOTE: We Create* will not distribute your personal information to third parties unless this is done in order to comply with statutory and/or other legal requirements to which We Create* are believed to be, or may become, subject.

Integrity of Personal Information

The We Create* website (http://WeCreate.co.uk) is hosted by The Higgs Design Company (http://higgsdesign.com).

All personal information handled and processed through the website is subject to encryption and other security measures in order to maintain the integrity of your personal information.



All credit and debit card payments for the We Create* website (http://WeCreate.co.uk) are handled and processed by Streamline (www.streamline.com), part of the Royal Bank of Scotland Group. The Streamline systems are subject to encryption and other security measures in order to maintain the integrity of your personal information.



All of the We Create* systems are subject to standard security measures in order to maintain the integrity of your personal information.

Marketing and Promotion

If you previously agreed to We Create* using your personal information, such as an email address, for the purposes of the marketing and publicity of We Create* and its affiliates to you and no longer wish to be subscribed to this service, please send an email to hello@WeCreate.org.uk with the subject header "UNSUBSCRIBE". Please allow up to 28 days for We Create* to action and complete the unsubscription process.

Accuracy of Personal Information

It is your responsibility to inform We Create* of any changes in your personal information, such as change of email address, in order for We Create* to maintain your personal information accurately.

Law and Jurisdiction

By viewing and using the We Create* website (http://WeCreate.co.uk) you agree to be bound by the application of the laws of England and Wales.



By viewing and using the We Create* website (http://WeCreate.co.uk) you agree to be bound by the exclusive jurisdiction of the Birmingham County Court, or otherwise the courts of England and Wales, in relationship to any dispute arising from, connected to or regarding We Create* and the We Create* website (http://WeCreate.org.uk).

Amendment of We Create* Privacy Policy

We Create* have discretion to amend this Privacy Policy as and when deemed appropriate by We Create*. Any amendments made shall not apply retrospectively, or otherwise apply without your renewed consent, and shall only have effect once posted on the We Create* website (http://WeCreate.org.uk).

Many Thanks and Kind Regards

We Create*