Terms and Conditions of Sale & Use

Please read these conditions carefully before using the Strawberry and Cream Website. By using this Website, You signify Your agreement to be bound by these
conditions (the “Agreement”).

Definitions

Customers or visitors to this Website (the “Website”) are referred to as “You” or “Your”. Strawberry and Cream Limited is referred to as “Us”, “Our” or “We”.

All Products described on this Website are owned, manufactured and supplied to Us by third party manufacturers, and are referred to as “Product” or collectively known as “Products”.

1. Order & Contract

Your order represents an offer to Us to purchase a Product which is accepted by Us when We receive payment in full for Your order. Once payment has been received by Us, We will confirm acceptance of Your order by sending an email to You at the address You provided with Your order. Our acceptance of Your order brings into existence a legally binding contract between You and Us.

If You have incorrectly entered Your email address Your order confirmation email will fail. So long as payment has been processed successfully this will in no way affect Your order.

Failure by Us to send an order confirmation email in no way invalidates Your offer or Our acceptance of Your offer.

The Website offers You information on Product stock availability prior to making Your order with Us. However, very rarely a Product may go out of stock once Your order has been placed. In such circumstances, We reserve the right to partially ship Your order.

2. Price & Product Details

The prices payable for Products that You order are as set out in Our Website. All prices quoted are in £ Sterling.

You will be required to pay extra for delivery and it might not be possible for Us to deliver to some locations (see delivery information here).

We endeavour to ensure that the information shown on the Website is as accurate as possible.

We cannot be held responsible for typographical errors on this site, including but not limited to those regarding price. We reserve the right to make changes to Our Website including prices, Products, ingredients and Terms and Conditions without any notice being given.

All Products and services are subject to availability and may be withdrawn from sale at any time. If for any reason Products ordered are not available You may be offered an alternative. This alternative will be offered by telephone or email. We will never ship an alternative Product without obtaining authorisation beforehand.

3. Age-Restricted Goods

Certain Products offered on the Site are subject to legal restrictions regarding the age of the customer. This includes, but is not limited to, solvent-based products and spray paints. We will only supply these products to persons over the age of 18. By purchasing age-restricted goods from the Site, You confirm that You are 18 years old or over.

4. Delivery of Goods

We will send orders using only the services of established delivery companies.

We will deliver the Products ordered by You to the address You give Us for delivery at the time You make Your order.

Delivery will be made as soon as possible after Your order is accepted. We reserve the right to hold orders of high value or including high value or limited-availability Products until We have contacted You to make specific delivery arrangements, at no additional cost to You, for the added security of these Products.

Time is not of the essence in relation to this contract.

Full valid postcodes are required for every order. We will not send any order without one. We cannot accept any responsibility for failure of an order to arrive if You provide an incorrect address, including the postcode.

A signature may be required on delivery. We can not accept liability for failure of the carrier to leave confirmation of attempted delivery.

You will become the owner of the Products You have ordered when they have been delivered to You. Once Products have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.

Further information about delivery charges, times and restrictions can be found here.

5. Overseas Orders

At this time, overseas orders can only be accepted from Eire.

6. Damaged, Defective & Incorrect Goods

If the Products We deliver are not what You ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing of the problem within 10 working days of the delivery of the goods in question by writing to Us at the postal or email address given on the Contact page.

In the event that the exterior packaging is damaged in transit We shall have no liability to You unless You sign "received damaged" for the delivery, if a signature is required for Your delivery.

If You do not receive Products ordered by You We shall have no liability to You unless You notify Us in writing of the problem within 14 days of the date on which You ordered the Products by writing to Us at the postal or email address given on the Contact page.

If You notify a problem to Us as described above in this section, and Your Products are still undelivered after the minimum period dictated by the carrier for the delivery service used, Our sole and exclusive obligation will be, at Your option:

1. to make good any shortage or non-delivery; or
2. to replace or repair any Products that are damaged or defective; or
3. to refund to You the amount paid by You for the Products in question in whatever way We choose.

Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of, under or in connection with the contract between You and Us, and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Products in question under the Conditions above.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from Our Website. The importation or exportation of certain of Our Products to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Products You purchase.

7. Contact Details

For delivery, purchase or Product queries, You may contact Us using any of the methods described on the Contact page.

8. Cancellation of Order by Customer

You may cancel Your contract with Us for the Products You order at any time up to the end of the seventh working day from the date You receive the ordered Products. You do not need to give Us any reason for cancelling Your contract nor will You have to pay any penalty.

To cancel Your contract You must notify Us in writing to the postal or email address given on the Contact page. Any cancellations by phone must be confirmed in writing within the permitted cancellation period.

If You have received the Products before You cancel Your contract then You must send the Products back to Us at the address given above at Your own cost and risk.

If You cancel Your contract but We have already processed the Products for delivery, You must not unpack the Products when they are received by You and You must send the Products back to Us, at the address given on the Contact page at Your own cost and risk as soon as possible

Once You have notified Us that You are cancelling Your contract, any sum debited to Us from Your credit card will be re-credited to Your account as soon as possible and, in any event, within 30 days of Your order PROVIDED THAT the Products in question are returned by You and received by Us in the condition they were in when delivered to You, unused and in the original packaging. If You do not return the Products delivered to You or do not pay the costs of delivery, We shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to You. If Products are not received in the condition they were in when delivered to You, unused and in the original packaging We shall be entitled to deduct the direct cost of the Products or replacement items.

If the Products are being returned because they were incorrectly supplied, then We will also refund return postage costs equivalent to Royal Mail 1st Class postage. If incorrectly supplied Products are not returned after a reasonable period of time has elapsed We reserve the right to charge the full purchase price for the Products as displayed on the Website.

Only if the condition of the returned Product is in accordance with the above, We will credit Your credit or debit card with the price of the Product within 7 working days of receipt by Us. It is advisable therefore that when returning Products You use recorded delivery or obtain a proof of posting.

9. Title

The title for Products supplied remains with Us until payment in full has been received.

10. Cookies & Beacons

A cookie is a text-only string of information that a Website transfers to the cookie file of the browser on Your computer's hard disk so that the Website can remember who You are.

A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.

One type of cookie is used on Our Website. Session cookies are temporary cookies that remain in the cookie file of Your browser until You leave the site. They allow You to carry information across pages of Our Website and avoid having to re-enter information. This cookie is a unique identifier for the current session. All data related to this session is stored on the web server and retrieved using the identifier. No other data is stored on Your PC or transmitted over the internet.

We cannot identify You personally in this way.

You have the ability to accept or decline cookies by modifying the settings in Your browser. However, the shopping on Our Website will not work with cookies disabled.

The vast majority of Websites use cookies.

Cookies cannot be used by themselves to identify You.

Web beacons are not used on Our Website.

11. Privacy

We take Your privacy very seriously and are committed to providing You with an Internet experience that respects Your privacy.

When You make a purchase We need to collect certain information to process Your transaction and fulfil Your order. We do not sell, rent or disseminate this information to any third party for marketing or any other purposes unless required by law to do so or unless You explicitly give Us authority to do so.

Our Website links to other sites. Please be aware that We are not responsible for the privacy practices of these other sites.

12. Spam

The EU Directive on Privacy and Electronic Communications demands that member states do more to combat spam. The UK law tries to create a system that lets legitimate businesses send direct e-mail to users but attempts to stop the scammers and spammers.

We only send emails to addresses that have been supplied directly to Us by customers and We always remove addresses from Our address book when requested to do so by those customers.

13. Security & Data Protection Act 1998

We endeavour to take all reasonable steps to protect Your personal information including credit and debit card information. All the data collected by Us is stored on a secure server. The secure server software encrypts all information You input before it is sent to Us. While it is impossible for any website to be completely impregnable to fraud, Our system of a secure server and encryption offers a good level of security that You can be confident with. Read more about secure shopping on this Website.

We are not required to register under the Data Protection Act 1998, however, We are required to follow the eight guiding principles laid down by the Act. These principles require that personal information is:

• Processed fairly and lawfully;
• Processed for one or more specified and lawful purposes, and not further processed in any way that is incompatible with the original purpose;
• Adequate, relevant and not excessive;
• Accurate and, where necessary, kept up to date;
• Kept for no longer than is necessary for the purpose for which it is being used;
• Processed in line with the rights of individuals;
• Kept secure with appropriate technical and organisational measures taken to protect the information; and
• Not transferred outside the European Economic Area (the European Union member states plus Norway, Iceland and Liechtenstein) unless there is adequate protection for the personal information being transferred.

14. Access to Our Website

We will do Our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.

Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

15. Licence for Website Access

We grant You a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify the Website, or any portion of it, except with express written consent from Us.

This licence does not include any resale or commercial use of this Website or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Our Website as long as the link does not portray Us, the Products or services in a false, misleading, derogatory, or otherwise offensive matter.

16. Your Conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must use the Website for lawful purposes only and must not use the Website for any of the following:

• Fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing;
• In breach of copyright, trademark, confidence, privacy or any other right;
• Is otherwise injurious to third parties;
• Objectionable;
• Which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
• Causes annoyance, inconvenience or needless anxiety.

17. Copyright

All content included on the Website including, without limitation, text, graphics, logos, button icons, and images belong to Us, and are protected by United Kingdom and international copyright laws and intellectual property rights.

18. Trademarks

Strawberry and Cream and other marks indicated on Our Website are trademarks or registered trademarks of Strawberry and Cream Limited or Our suppliers.

Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Strawberry and Cream Limited and may not be used in connection with any Product or service without Our written authorisation.

Furthermore, no licence is granted to You in these Terms and Conditions to use any trademark or service marks of its licensors including, without limitation, the trade marks, or service marks of Hei Poa and butter LONDON.

19. Events Beyond Our Reasonable Control

We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights.

20. Invalidity

If any of these Conditions (or part of any of these Conditions) is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of the remaining Conditions (or remaining part of any Condition) will not be affected.

21. Liability

You agree to indemnify Us against all losses, liabilities, expenses, costs or damages, including legal fees incurred by any or all of them as a result of Your breach of the terms of this Agreement or Your unauthorised use of the Website as described in this Agreement.

We are not liable to You for the following:

• Incompatibility of the Website with any of Your computer or telecommunications equipment or software;
• Technical problems or errors or interruptions of the Website; or
• Inadequacy of the Website to meet Your requirements.

We will not be liable to You or any third party for any consequential or incidental damages (included but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss or privacy or loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

Nothing in these Conditions is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit Our liability to You for any death or personal injury resulting from Our negligence.

Nothing in this section applies to liability in respect of Products sold through this Website.

The Website is provided by Us without any warranties or guarantees. You must bear the risks associated with the use of the Internet. If We are informed of any inaccuracies in the material on the Website We will try to correct them as soon as We are able.

22. Waiver

If You breach these conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these conditions.

23. Governing Law & Jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales and any disputes will be resolved only by the English courts. Any contracts between You and Us are concluded in English.

24. Third Party Rights

Notwithstanding any other provision of the contract between Us, nothing in the contract between us confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.

25. Statutory Rights

These Conditions in no way affect Your statutory rights.

26. Entire Agreement

These Conditions, together with Our current Website prices, delivery details, contact details and privacy policy, set out the whole of Our contract relating to the supply of the Products to You by Us. Nothing said by any sales person on Our behalf should be understood as a variation of these Conditions or as an authorised representation about the nature or quality of any Products offered for sale by Us. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading.

No variation of or amendment to these Conditions shall bind either party unless made in writing and signed by the authorised representatives of both parties.