Terms & Conditions

 

The business relationship between Say It With Champers and the customer (yourself) will be will be regulated the terms and conditions. By using or purchasing from Say It With Champers in any way you agree to be bound by the terms.

No alcohol can be purchased by persons under the age of 18.

We are: Say It With Champers.

Our trading address is: South Barn, Cross Green, Cockfield, Bury St Edmunds, IP30 0LG.

You are: a visitor to Say It With Champers / our customer

Say It With Champers is: www.sayitwithchampers.co.uk

Terms and conditions:

1 Definitions

In this agreement:

“Consumer” refers to any individual, who in connection with this agreement acts for a purpose outside his business.

“Content” refers to any aural, visual or textual content that is encountered during your experience with Say It With Champers. This includes, but is not exclusive to images, text, videos, sounds and animations.

“Created Work” refers to original photos or work created by the customer in any medium and sent to Say It With Champers in order to be utilised in conjunction with our personalised wine.

“Designer” refers to the individual who submits a design to Say It With Champers in order to buy one of our products containing the aforementioned design.

“Intellectual Property” refers to all forms of intellectual property, including intellectual property registrable or registered in any country, including intellectual property coming into existence at a later date, including copyrights, designs, discoveries, software, and any rights derived from those rights.

“Say It With Champers” refers to the entire software installation ,ecommerce website or computing hardware that is or supports Say It With Champers.

“Post” refers to exhibit, display, publish, distribute, transmit and disclosing information or content, or any material to Say It With Champers, and the phrases ‘posted’ or ‘posting’ shall be interpreted accordingly.

“Products” refers to any products that Say it With Champers offer for sale, or are sold to the customer.

2 Interpretation

In this agreement:

2.1 When referencing a person this refers to one or more individuals, who may or may not be in partnership, government body, a corporation or other organisation or association.

2.2 Every customer is bound by these terms and conditions in relation to all supplies of products.

2.3 If a party agrees to do or to do omit to do something this in turn includes an obligation to not allow another individual to do or exclude the same thing.

2.4 Another person may perform the obligation of any person arising from this agreement.

2.5 In this agreement references to a party include references to a person to whom relevant rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6 Any formatting, indentation or headings in this agreement do not affect its interpretation.

2.7 All money sums mentioned in this agreement are calculated without VAT.

2.8 Any act or regulation that is referred to includes new law of substantially the same intent as that act or regulation.

2.9 The customer or prospective buyer of our products is bound by the terms and conditions.

2.10 This agreement, or terms and conditions, is made only in the English language. Should a conflict arise between the English language version of these terms and conditions, or the same terms and conditions written in another language, the English language version shall prevail

3 Our contract with you

3.1 These terms and conditions form the entire agreement between the relevant parties, and in turn supercedes any previous agreements or understandings between the parties.

3.2 All parties acknowledge that by entering into this agreement, the parties rely on no representation, information, warranty or documents or other terms that does not form part of this agreement.

3.3 We cannot guarantee that the products listed on Say It With Champers are available as we rely on our suppliers.

3.4 We may exercise our right to change these terms and conditions from time to time. The terms that apply and the ones posted on this website, on the day the products were purchased. It is advisable that you (the customer) prints a copy of the terms and conditions for your records.

3.5 If at any time in the future you purchase products from us in any arrangement outside of paying though Say It With Champers, these terms will still apply so far as they can be applied.

4 Our contract with your as Designed of the work you have created.

The following terms apply to any individual who purchases a product from us, for use in the production of any of our products.

4.1 Acceptance of any photo submitted will be solely at our discretion.

4.3 Any photo that is submitted is done so under the guarantee that it is yourself (the customer) that has created it, or has the rights to it. In the case of corporate logos you guarantee that you are not infirming on another organisation’s copyright,

4.4 We reserve our rights to check the photo and reject it for any reason that we choose, and we reserve the right to withhold the reason if we feel appropriate. If we choose not to give a reason you may not challenge our decision.

5 Terms of your licence to us of your photos

5.1 When submitting a photo to us this serves as an offer to grant a license to us in the terms of the paragraph. Your offer is deemed accepted in we choose to use the photo/

5.2 The satisfaction you will receive from using our work is in exchange for the license.

5.3 The licence will be:

5.3.1 free of charge;

5.3.2 exclusive and perpetual;

5.3.3 free to be used around the World;

5.3.4 for use or resale by us or any person with our authority; available for resale or use by ourselves or any individual with our authority.

5.3.5 fully sub-licensable and assignable;

5.3.6 granting us permission to use a part of the whole of your photo/or logo in any part of our work.

5.4 we are not obligated to reference or recognise your author rights or to acknowledge your authorship.

5.5 we are not obligated to protect your photo.

6 Acceptance of your order

6.1 When you place an order you are offering to buy from us. Your offer will not be officially accepted until the order is dispatched to you. Until that point we reserve the right to cancel the order without providing a reason. Your completion of the online checkout process does not serve as acceptance of the order.

If you cancel the order, or if we advise to you that we can’t accept it, then a contract will not be deemed to be in place.

6.2 At times it is possible an order will not be fulfilled for the following reasons.

6.2.1 If there is a lack of stock of your required products.

6.2.2. if authorisation for your payment cannot be granted.

6.2.3 If there has been an error with the pricing.

6.2.4 If your order contains references to products which may involve copyrighted information of which you do not have permission

6.2.5 Selling alcholic products to any individual under the age of 18 is prohibited due to the licensing Act of 2003. By placing an order you are confirming that you are aged 18 and over.

6.2.6 If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, offensive, pornographic, 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, we reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.

7 Price and Payment

7.1 It is possible the the price shown on Say It With Champers may have expired. Should this scenario occur, we will not dispatch your order until we have confirmed the new price with you.

7.2 All shown prices include UK value added tax.

7.3 We only deliver within the United Kingdom, and if an order is processed for delivery outside of the United Kingdom we will refund you the amount charged.

7.4 If an order is made up of various components, the full chargeable amount must be paid for before it is dispatched.

7.5 Any banking charges in relation to payments received by us will be borne by us. Any other charges relating to payment in a currency other than pounds Sterling will be borne by the customer.

7.6 If we have erroneously under-priced an item, we will not be obligated to supply the item at the stated price, we will endeavour to notify you before dispatching the item.

7.7 If the order value is below carriage paid order, the chargeable delivery amount will be displayed at the checkout page of Say It With Champers

7.8 If for whatever reason we ow you money, we will credit your method of payment as soon as possible, but no later than 14 days from the date at which the payment is agreed to be due.

8 Security of your payment card

8.1 We take every precaution to ensure that Say It With Champers is safe for you to use. Online payments are processed through online payment service providers who will encrypt your details in a secure manner.

9 Consumer protection: cancellation and exclusions

If an order has been processed and the bottle has been labelled we cannot cancel the order, however if you contact us and the labels have not yet been printed and applied to the bottle we will cancel the order. Please provide as many relevant details as possible so we can locate your order quickly.

I you need to make a change to an order we advise calling us as quickly as possible. You can also email, but at the same time appreciate they will not be read immediately and that the processing of the order may already have begun by the time the email has been read.

Say It With Champers will always endeavour to send your products in perfect condition. Should the possibility arise that they are not in perfect condition, or is damaged in transit, or the wrong item has been dispatched, please advise us of the issue and we will try to correct it as soon as possible. We will then discuss the matter with you and ascertain if a replacement or refund is more appropriate.

9.1 Returns must occur within 14 days, if this does not happen we reserve the right to arrange for their collection and require you to repay the cost of collection.

9.2 Upon receipt of the returned products we will endeavour to refund you the money within 14 days.

9.3 The customer must be responsible for the decision as to whether or not the product is suitable. We will ship the product as ordered. The Law states that the customer seeks assistance from an expert to avoid purchasing a product which may be unsuitable.

9.5 This paragraph does not affect your rights in the event that the Products are faulty.

10 Delivery

10.1 All deliveries will be sent to the exact delivery address as stated on the order. If the customer completes an incorrect delivery address we will not be responsible for this. It is a requirement that someone over the age of 18 be present when accepting the delivery.

10.2 If it is not possible to delivery your products within 14 days of your order being placed, we will notify you by email and arrange for an alternative delivery date.

10.3 If not all the products on the order we may delivery the products in instalments.

10.4 . All deliveries must be signed for by an adult, aged 18 or over. If there is no-one aged 18 or over at the address the driver will retain the products. The customer must inspect the delivery on receipt of the delivery to check quality and condition of the goods. If there has been any damage in transit, you must refuse the delivery and notify us immediately.

10.5 Signing “Not checked”, or “unchecked” or similar is not acceptable.

11 Liability for subsequent defects

11.1 if a product fails to comply with the provisions of the Sale of Products Act 1979, we will endeavour to replace the product immediately. If you claim the product is defective, the following terms will apply:

11.1.1 any defect must be reported to us no later than 4 weeks or noticing the defect.

11.1.2 the cause of the defect must have arisen from faulty design or manufacture.

11.1.3 if we have requested that the parts or product be returned, then this must have occurred.

11.2 if we agree that the cause of the defect is due to our own fault, we will refund the cost of returning the carriage and will either replace or repair the product free of charge.

11.3 if we have replaced the products for you, then no further additional claim can be brought against us by common law or statute, in relation to the defect.

12 Products returned

If a product is return to us, the following provisions will apply:

12.1 Returns will only be accepted if you have bought as a consumer, or if the products had a defect at the time of purchase, or we have agreed in writing that the products can be returned.

12.2 The moment a defect is discovered, the products must be returned immediately.

12.3 So far as possible, Products should be returned:

12.3.1 the original packaging and with all products.

12.3.2 wrapped securely;

12.3.3 including our delivery note;

12.3.4 at your cost and risk.

12.4 We must be notified by email at sales@sayitwithchampers.co.uk that you need to return the goods, you must confirm the goods that were ordered and date of purchase, with full details relating to the defect and reason for returning the item. A returns note will then be issued. If items are returned to us that do not confirm to this procedure we may not be able to locate the order in question and deal with it in appropriate manner.

12.5 When returning items please ensure you include some literature or a note detailing the nature of the fault and when and how it occurred.

12.6 If we agree with your complaint, we will:

12.6.1 compensate you for the cost of the return carriage/

12.6.2 replace the item for a like-for-like match, or other agreed replacement.

13 Disclaimers

13.1 Terms, warranties and conditions from countries other than England and Wales will not apply to the agreement to the fullest extent permitted by law.

13.2 We reserve the right to make changes or improvements to the content of Say It With Champers, without advance notice and at any time.

13.3 It is possible that some elements of the content may have typographical errors or technical inconsistencies.

13.4 We make no representation and give no warranty, implied or express, as to:

13.4.1 the quality of the Products;

13.4.2 any implied warranty or condition as to merchantability or fitness of the Products for a particular purpose;

13.4.3 the Products in relation to any correspondence or any description

13.4.4 the appropriateness or adequacy of the Products for your purpose;

13.4.5 the truth of any Content on Say It With Champers;

13.4.6 their compliance in relation to any law;

13.4.7 non-infringement of any right.

13.5 We shall not be held liable for any indirect, special or consequential loss or damages that results from loss of data, loss of use, or loss of growth or revenue under any circumstances, whether an action of negligence or an action of contract arising from your use of Say It With Champers, or the products purchased from Say It With Champers.

13.6 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Products or services you have purchased. Our liability under this contract is limited, except in the case of liability for death or injury

14 Your account with us

14.1 We need this information to provide you with the products. If you change your address you must update your personal details in the account section of the website. If you fail to do this and an order is shipped to the old address, we will not be held liable for this.

14.2 By registering with our website you agree that you will update the confidentiality of your account and also to prevent any unauthorised person from accessing your computer.

14.3 Any activities that occur under your password or account you will agree to accept responsibility for. If you think the security of your account has been compromised you must notify us immediately, you must then access your account and change your password.

15 Content you send to Say It With Champers

15.1 You will agree that neither yourself or any other individual relating to your order will use Say It With Champers which is or may:

15.1.1 be defamatory or malicious;

15.1.2 consist in music files, commercial audio or video;

15.1.3 be software which assists in or promotes: IP spoofing. Password cracking. Hacking, phreaking, emulators

15.1.4 be obscene, offensive, illegal, violent or threatening

15.1.5 be pornographic or sexually explicit;

15.1.6 promote animosity or discrimination to any individual in relation to their race, gender, religion, sexual orientation, disability or age

15.1.7 be likely to bully, harass, upset, intimidate, alarm or annoy any other person.

15.1.8 be likely to be used to impersonate another individual or deceive an individual, or to misrepresent age, identity or affiliation with another individual or organisation.

15.1.9 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

15.1.10 solicit personal information or passwords from another individual.;

15.1.11 be used to sell any services or Products or for any other commercial use;

15.1.12 used with the intention of sending any communication by automated email or otherwise.

15.1.13 be inaccurate or incomplete or submitted otherwise than as requested by Say It With Champers;

15.1.14 post any unnecessary information about other users without their permission, or request personal information from other users.

15.1.15 link to any of the material mentioned above, in this paragraph.

16 Other restrictions

You agree that you will not use or allow anyone else to use Say It With Champers:

16.1 to promote or sell any service or product without our express written consent;

16.2 in a manner that violates the law of any country in which we operate, or which does not comply with accepted Internet protocol;

16.3 for spamming. Spamming includes:

16.4 sending unsolicited messages in bulk, or the sending of unsolicited emails which provoke complaints from recipients;

16.5 using distribution lists that includes individuals who have not permitted their inclusion on such lists

17 About Content Posted by you

You confirm that:

17.1 you have the rights to all the Content you post;

17.2 you agree that any breaches to intellectual property rights, any law, or defamation, that are personally responsible for, which may occur as a result of the content you have posted

17.3 any breaches to the security of your account, or unauthorised use will mean that you immediately notify us.

17.4 alll risk and responsibility for determining any created work is confidential and in the public domain is your own risk and responsibility.

17.5 You grant us permission to edit and license, distribute and publish, translate or use in any medium the Content generated by yourself through the orders placed on Say It With Champers. By placing the order you warrant that you can authorise such rights.

17.6 placing the order you agree that you are waiving your right to be recognised as the author your right to object to derogatory treatment of your Content as provided in the Copyright, Designs and Patents Act 1988

17.7 you give us permission to publish any comments, feedback, ratings and activity through Say It With Champers.

17.8 you release us from any claim or right of yours in relation to any rating or feedback, or other content posted by yourself.

18 Removal of offensive Content

18.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Say It With Champers for any purpose.

18.2 We have no obligation to record or monitor the activity of any user or customer for any reason, we do not accept any responsibility to record, police or monitior internet related activities. However, we reserve the right to do so if we see fit without notifying you.

18.3 If any Content offends you, the following procedure applies:

18.3.1 You must submit your complaint via email..

18.3.2 when we are reasonably able, we will remove the offending content

18.3.3 an investigation will take place once the complaint is received

18.3.4 it will be at our discretion or not if the content is reinstated.

18.4 In relation to any complaint either made by yourself or another individual, whether using our form or complaint or otherwise, you grant us the right to publish the complaint, and any ensuing correspondence and communication.

18.5 You agree that any complaint made by yourself either vexatiously or frivolously, you will be liable for the cost of the legal fees and the investigation.

19 Security of Say It With Champers

If the Say It With Champers website or name is used immorally or unlawfully it may result in legal action being taken, and doing so would be a violation of under the United Kingdom Computer Misuse Act 1990.

You also agree that you will not or allow another individual to:

19.1 copy, modify, or cause damage to any portion of Say It With Champers.

19.2 link to our site in any way that would affect the presentation or appearance of the site from what a user would normally see when enter the correct URL

19.3 download any portion of Say It With Champers without our written consent.

19.4 collect or use any descriptions, prices or product listings from Say It With Champers without our written permission.

19.5 use or collect any information obtained from or about Say It With Champers or the Content except as intended by this agreement;

19.6 duplicate, copy or aggregate in any manner any of the information or content available from Say It With Champers, other than expressly agreed with Say It With Champers.

19.7 for any purpose use any of our information or our name (including text, images, form or page layout) to entice search robots to another website;

19.8 use Say It With Champers to gain access to another person’scomputer or cause damage to another computer.

19.9 upload or make available files that may contain material, software, information or data that is neither licensed or owned by you, including pirated music or files or other media, or links to such files.

19.10 distribute, upload or make available in any manner files or material that contains any bugs, viruses, spyware, corrupt data, or any other harmful software.

19.11 republish or upload any part of our extranet, internet or intranet.

19.12 remove or hide any advertisement on any page of the Say It With Champers website.

19.13 give access to or share with a third party any login credentials to Say It With Champers.

19.14 use on Say It With Champers software which assists in:

19.14.1 collection, extraction or data mining

19.14.2 phreaking, emulating, password cracking, hacking, IP spoofing or over-loading Say It With Champers.

19.14.3 inserting interstitial pages, pop-up windows or advertisements, ‘framing’ or similar techniques.

19.14.4 performing any automated operation;

If this provision is breached an offence would be committed according to the Computer Misuse Act 1990.

19.15 we now grant you a license to:

19.15.1 create a link or hyperlink to Say It With Champers, for the purpose of creating a common interest to both parties, this may be done without our written consent. This, however is conditional on us or our products not being portrayed in a misleading, false, offensive or derogatory manner, our logo however or any other proprietary graphic or trademark contained within the website may not be used without our written consent.

19.15.2 the text of any page may be copied for your own use in connection with the purpose of Say It With Champers.

20 Indemnity

You agree to indemnify us against any demand or claim, including fair and reasonable lawyers’ fees, made by any third party due or a result of your use of Our Web Site, your Posting or any content or the infringing or by any other person using your computer, of any right of any person or intellectual property.

21 Intellectual Property

21.1 The intellectual property relating to our property rights or our products and Say it With Champers will be defended, this is inclusive on copyright either provided by ourselves or another content provider (including copyright in graphics, tect, icons, logos, audio clips, images. Data, digital downloads and software).

21.2 Apart from examples given below, you are not permitted to modify, copy, transmit, publish, sell or transfer, reproduce pr create derivative works from the content on the website, in whole or in part.

21.3 You are not permitted to use our trademarks or logos, or any other content found within the website without our written consent.

21.4 You are not permitted to store electronically any of the content.

22 Miscellaneous matters

22.1 No variation or amendment to this agreement is permitted unless agree in writing, signed by all parties or the authorised representative.

22.2 In relation to any date, time or period mentioned in the agreement, time shall be of the essence.

22.3 Communication with the customer will be done by email. In doing so you agree that the aforementioned form of communication is legally binding, in the same manner in which if it had been done by post.

22.4 In the case where certain products or services are provided to you without any monetary charge, then it (or they) are deemed to have been provided free of charge, these are therefore distinct from any other productor service which a charge is made. In such cases there will be no obligation or contract if there is no monetary charge.

22.5 The obligations and rights of the parties identified in this agreement shall pass to any permitted successor in title.

22.7 No delay or failure by any party to exercise any power, right or remedy will operate as a waiver of it, nor indicate any intention to reduce any other right at a later date.

22.8 If one party wishes to serve any communication on the other party, it must be delivered by hand, by post, by fax or email.

It shall be deemed to have been delivered:

the day of delivery if delivered by hand

within 72 hours of posting if sent by post to the correct address:

Within 24 hours if sent by email to the address from which the recipient last sent email if no notice of non-receipt has been recorded

22.9 If a dispute between the parties arises in relation to this agreement, then they must try to resolve the dispute in good faith through the use of mediation before engaging in litigation or arbitration,

22.10 No rights to any third party are granted through this agreement under the Contracts (Rights of Third Parties) Act 1999.

22.11 No failure or delay in performance will be attributed to either party in relation to the performance of this agreement if subject to circumstance beyond reasonable control.

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