Group Cards – TERMS AND CONDITIONS
Last Updated: 6th April 2020
Please read these Terms and Conditions carefully before
using the http://www.groupcards.co.uk
website operated by Group Cards. You
should print a copy of these Conditions for your future reference.
Your access to and use of the Service is conditioned on your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who access or use the Service.
By accessing or using
the Service you agree to be bound by these Terms. If you disagree with any part
of the terms then you may not access the Service.
1.
Group
Cards
1.
Group
Cards® is a registered Trade Mark of Candle Events Ltd
2.
Group
Cards is a Trading Name of Candle Events Ltd.
3.
Group
Cards is an online greeting card retail site that allows groups of people to
add personal messages to the same card, just as would be done in an office for a
family member or friend. Group Cards also facilitates monetary collections into
a single account.
4.
Candle
Events Ltd is a limited company incorporated under the laws of England and
Wales. Our registered address is: 91 Sunnyhill Road, Streatham, London,
England, SW16 2UG
5.
If you
have any questions about these Conditions, please contact us by email on customerservices@groupcards.co.uk
2.
The
Agreement between us
1.
We, Group
Cards will sell and you, the Customer, shall purchase any cards or other
products or services available on the website ("the Products") These
Terms and Conditions ("the Conditions") are intended to set out the
agreement between us.
2.
We will
acknowledge your order by e-mail as soon as possible with details of your
purchase request.
3.
It is
your responsibility to check that your order is accurate and to give us all the
information we need to complete the order. We will let you know what, if any,
information we do need.
4.
We try to
ensure that the products represented on the website are accurate, but please
note that slight variations in colour, typeface and layout may occur between
the products as you see them on screen and those that are delivered.
5.
When
using our site, you accept that communication with us will be mainly
electronic. For contractual purposes, you agree that all contracts, notices,
information and other communications that we provide to you electronically
comply with any legal requirement that such communications be in writing. This
condition does not affect your statutory rights.
6.
Where
there is a reference in these Conditions to "working days" this shall
mean Monday to Friday inclusive but excluding any statutory or bank holiday in
England.
3.
Changes
to Agreement
1.
We
reserve the right, at our sole discretion, to modify or replace these Terms at any
time. If a revision is material we will try to provide
at least 5 days' working notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
4.
Product
Pricing
1.
The price
of the Products and any delivery costs will be calculated, in pounds sterling,
when you complete your order form and will be the price as shown on the website
and the email receipt sent to the given email address.
2.
The
postage cost for orders sent to addresses in the UK are free. If your delivery
address is outside of the UK then the delivery cost will be shown on the order
screen.
3.
If your
delivery address is outside the European Union local taxes and customs charges
may be applicable and these are your responsibility. Please note that you must
also comply with all applicable laws and regulations of the country for which
the products are destined. We will not be liable for any breach by you of any
such laws.
4.
Subject
to our obligation to supply Products at the price stated in accepted orders, we
reserve the right to change the list prices of the Products at any time.
5.
Our site
contains a large number of Products and it is always possible that, despite our
best efforts, some of the Products listed on the site may be incorrectly priced.
We will normally verify prices as part of our dispatch procedures so that,
where the Product's correct price is less than our stated price, we will charge
the lower amount when dispatching a Product to you. If the Product's correct
price is higher than the price stated on our site, we will inform you as soon
as possible and give you the option of reconfirming your order at the correct
price or cancelling it. If we are unable to contact you
we will treat the order as cancelled. If you cancel the order and have already
paid for the goods, you will receive a full refund for the price of the
product(s). Upon cancellation, Group Cards will deposit any collections made,
minus the admin free from the payment providers, within 2 days of agreement of
cancellation into the account entered when the order was placed. You
acknowledge that although the refund will be processed within two days of
agreement of cancellation, the funds may take longer to appear in the given
account.
6.
We are
under no obligation to provide the Product to you at the incorrect (lower)
price, even after we have sent you an order confirmation email, if the pricing
error is obvious and unmistakeable and could have reasonably been recognised by
you as incorrect pricing.
5.
Payment
1.
Payment
is taken on confirmation of the order, using Stripe. Payments
are non-refundable, although in certain circumstances Group Cards may agree to
change the order. Please contact customerservices@groupcards.co.uk in these
circumstances.
6.
Delivery
1.
Subject
to clause 4 above, the Products will be dispatched to you as follows:
1.
All
personalised greetings cards and other products:
1.
within five
working days of approval of your order, if you have chosen to approve before
printing and dispatch.
2.
Within
three working days of the closure date of your order if you have chosen to send
without approval.
2.
We aim to
deliver all products within the timeframes as set out above unless there are
exceptional circumstances.
3.
If in the
case of unforeseen circumstances beyond our reasonable control, we are not able
to process your order within the periods mentioned in clause 6.1, we will
contact you via email and you may cancel your order.
4.
We use
Royal Mail for delivery and you acknowledge that there may be variations in
their delivery times that cannot be guaranteed by Group Cards and Group Cards
cannot be held responsible for delays caused by the delivery provider.
7.
Ownership
of the Products
1.
For paid
products:
- The Products shall remain our property and
ownership of the Products shall not pass to you until their full price
has been paid to us.
- The Products will be at your risk from the
time of postage.
- Delivery of physical cards will be made to
the address supplied by Royal Mail
2.
For free
products:
- Group Cards provide eCard
products without charge for cards containing up to 35 messages.
- eCards containing over 35 messages can be purchased at the prices shown
on the website.
- Delivery of e-cards is done via e-mail. The
Customer can also download an e-card version and send it to themselves
if preferred.
3.
For
Monetary Collections:
- All money contributed will be taken from
contributors using Stripe. A small admin fee is taken
by this provider and by Group Cards. After the event end date, the
collection minus these administration fees will be transferred to the
account number / sort code entered when the event is set up. Group Cards reserve the right to cancel any collections and refund the payments made at any time in the process.
8.
Our
Responsibility
1.
We
warrant that the Products which we supply to you will be of satisfactory quality
and reasonably fit for all of the purposes for which products of the kind are
commonly supplied.
2.
Our
liability for losses you suffer as a result of us
breaking this agreement is strictly limited to the purchase price of the
Product you purchased.
3.
This does
not include or limit in any way our liability:
1.
for death
or personal injury caused by our negligence;
2.
under
section 2(3) of the Consumer Protection Act 1987;
3.
for fraud
or fraudulent misrepresentation; or
4.
for any
matter which it would be illegal for us to exclude, or attempt to exclude, our
liability.
4.
We are
not responsible for indirect losses which happen as a side effect of the main
loss or damage, including but not limited to loss of income or revenue, loss of
business, loss of profits or contracts, loss of anticipated savings, loss of
data or waste of management or office time however arising and whether caused
by tort (including negligence), breach of contract or otherwise.
9.
Defective
Products
1.
If, once
you have examined the Products, you discover a defect in the quality of the
Products you must tell us as soon as possible after discovering the defect.
2.
If you
notify us of a defect in the quality of the Products you must return the
Products to us. We will then examine the returned Products to confirm whether
they are defective and if they are defective we will notify you via e-mail of
the refund due to you as soon as possible and, in any case within 30 days of
the day we confirmed to you via e-mail that you were entitled to a refund for the
defective Products. Products returned by you because of a defect will be
refunded in full, including a refund of the delivery charges for sending the
item to you and the cost incurred by you in returning the item to us.
3.
Your
statutory rights are not affected by anything in these Conditions.
10.
Your
Responsibility
1.
When
messages are sent inviting people to contribute to a card through Group Cards,
Group Cards is acting only as an e-mail gateway in this respect. You are
responsible for ensuring you have permission to send e-mails to the recipients
you supply, and are responsible for any content you send and confirm that you
will not send abusive, racists, deceptive, obscene, defamatory or otherwise slanderous
messages.
2.
You may
only use this web-site to send electronic or physical cards to individuals or
companies.
3.
You may
not use this web-site for any mass-marketing or spamming purposes. We reserve
the right to take any action, including legal action against anyone who uses
Group Cards for that purpose.
4.
We reserve
the right to terminate any account that does not comply with clause 10 of these
terms with no prior notice. Group Cards will provide written notice for the
reasons for termination of account to the email address provided within 30 days
of termination.
11.
Cancellation
1.
Personalised
Cards
1.
You
acknowledge and accept that personalised products are made to your
specification and regrettably you cannot cancel any order for personalised
products once you have approved the card for sending.
2.
Where
Group Cards is unable to fulfil its delivery obligations as stated in Clause 6,
you are able to cancel the order and Group Cards will process a full refund of
the product and deposit any collections made, minus the admin free from the
payment providers, within 2 days of agreement of cancellation into the account
entered when the order was placed. You acknowledge that although the refund
will be processed within two days of agreement of cancellation, the funds may
take longer to appear in the given account.
3. Due to costs involved in the production of the card
that start immediately, once the card is paid for and approved, it is not
possible to refund it in accordance with clause 11.1. However in some
cases where stock permits we may be able to change a card as long as the card has
not been approved for printing. Please contact
customerservices@groupcards.co.uk to discuss this.
12.
Refunds
1.
Non-personalised
items
1.
Non-personalised
items purchased through groupcards.co.uk can be returned within 14 days of
receipt, or 14 days after Christmas day (25th December). To return an item
please contact our customer service team at customerservices@groupcards.co.uk,
you will need to include your email order confirmation and reason for return in
the email. Refunds [SA1] are
made onto your card, not in cash. The items must be returned in the original
condition with original packaging to the address shown.
13.
Personalised
Cards
1.
You
acknowledge and agree that when ordering personalised products:
1.
you are
solely responsible for ensuring the accuracy, quality and suitability of the
content which are uploaded or entered
2.
Prohibited
Content means content which:
1.
Group
Cards believes is abusive, deceptive, obscene, defamatory, slanderous or
otherwise inappropriate or unlawful; or
2.
materials
protected by copyright or other intellectual property rights
3.
Group
Cards will use all reasonable endeavours to provide and deliver the card
selected, however in rare circumstances the selected card may not be available
and so we will carefully select a substitute matching the category and theme of
the unavailable card.
4.
Group
Cards will use all reasonable efforts to provide and deliver the messages entered
in the format and layout approved by the user, however in some circumstances
the format of text and layout of the messages may need to be changed and Group
Cards reserve the right to make such
modifications, without prior approval by the purchaser/user, in order to
improve the final printed presentation.
5.
Group
Cards will use all reasonable efforts to provide the card as selected in the
order. In some rare instances we may not be able to provide the card selected.
In this instance we will substitute the product to a card in a similar or more
expensive price bracket unless we are informed via email not to substitute, in
these instances we will permit the cancellation of the order as in clause 11.2.
14.
Intellectual
Property
1.
This
web-site and all of the software connected with it are protected by UK and
International Copyright laws, and are the property of Group Cards, Candle
Events Ltd and Henson IT Solutions Ltd. You may not copy the code or ideas
within the code without permission.
15.
Notices
1.
All
notices given by you to us must be given to Candle Events Ltd and be sent to
our registered office address or by email to customerservice@groupcards.co.uk.
We may give notice to you at either the email or postal address which you
provide to us when placing an order. Notice will be deemed received 24 hours
after an email is sent, or three days after the date of posting any letter.
16.
Transfer
of rights and obligations
1.
The
contract between you and us is binding on you and us and on our respective
heirs and assigns.
2.
You may
not transfer, assign, charge or otherwise dispose of a contract, or any of your
rights or obligations arising under it, without our prior written consent.
3.
We may
transfer, assign, charge, sub-contract or otherwise dispose of a contract or any
of our rights or obligations under it, at any time during the term of the
contract.
17.
Events
outside our control
1.
If, for
some reason which is beyond either of our control, either of us are unable to
comply with these Conditions, that party will not be liable to the other or be
deemed to be in breach of the agreement between us. Such reasons shall include,
but not be limited to, strikes or other industrial action, war, riots, fire,
explosion, extreme weather, flood, insurrection, embargo, industrial action,
shortage of transport, general shortage of material and acts or omissions of
governments ("Force Majeure Event").
2.
The
performance of the contract is deemed to be suspended for the period that the
Force Majeure Event continues, and both parties will use their reasonable
endeavours to bring the Force Majeure Event to a close or to find a solution by
which our obligations under the contract may be performed despite the Force
Majeure Event.
18.
Waiver
1.
If on any
occasion either of us fail to insist upon strict performance of any obligations
under the contract or fail to take action against the other party where that
party has failed to comply with these Conditions, this shall not constitute a
waiver of such rights or remedies and shall not relieve the defaulting party of
their obligations. Any such waiver shall not constitute a waiver of any
subsequent default.
19.
Severability
1.
If any of
these terms and conditions or any provisions of the contract are determined by
any competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to an extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law.
20.
Entire
Agreement
1.
These
Conditions and any document expressly referred to in them constitute the whole
agreement between us and supersede any previous arrangement, understanding or
agreement between us, relating to the subject matter of any contract.
2.
We each
acknowledge that in entering into a contract (and the documents referred to in
it); neither of us relies on any statement, representation, assurance or
warranty ("Representation") of any person other than as expressly set
out in these terms and conditions.
3.
Each of
us agrees that the only rights and remedies available to us arising out of or
in connection with a Representation shall be for breach of contract as provided
in these terms and conditions.
4.
Nothing
in this clause shall limit or exclude any liability for fraud.
21.
Disputes
1.
Arbitration:
- The parties
to this contract hereby agree to resolve legal disputes through arbitration methods rather than civil lawsuits in the
first instance. The parties agree to select a neutral arbitrator in the
event a dispute arises that cannot be solved between them.
- In the case of arbitration each party agrees to pay half of
the total fees and costs due for arbitration and will make their portion
of the payment direct to the arbitrator.
2.
Jurisdiction:
- These Conditions and any agreements between
us and any dispute or claim arising out of or in connection with them or
their subject matter or formation (including non-contractual disputes or
claims) will be governed by English law. Any dispute or claim arising
out of or in connection with such agreements or their formation
(including non-contractual disputes or claims) shall be subject to the
non-exclusive jurisdiction of the courts of England and Wales.