Terms and Conditions of Business of Crystal-Iced.com
I. Validity of the General Terms and Conditions
The term "Crystal-Iced.com" or "Crystal-Iced" or "us" or "we" or "our" refers to the owner of the website "http://www.crystal-iced.com", "http://boutique.crystal-iced.com" and "http://blog.crystal-iced.com". The term "you" or "your" or "customer" refers to the user or viewer of our website.
No other Terms and Condtions will be accepted by Crystal-Iced and consequently will not form any part of this agreement; this also applies in particular to such Terms and Condtions whose content extends beyond the scope of these Terms and Conditions.
2. Contractual partner
Your contractual partner is
94 Whalley New Road
Tel: 01254 firstname.lastname@example.org
3. Subject and purpose of this agreement; condition of the subject of this agreement; customer’s duty to cooperate
3.1. Subject of the Agreement
The subject of the agreement consists of the products, performance of work and services provided by Crystal-Iced.com as specified within the framework of the ordering process and named in the (electronic or written) confirmation of the order, at the final prices stated therein (inclusive of tax, cost of post and packing, and other components of the price).
The decoration of the products, such as mobile phones, PDAs, Sidekicks, games consoles, MP3 players and other small electronic devices shall be in the form of small pieces of jewellery, in particular small crystals, e.g. CRYSTALLIZED (TM) - Swarovski Elements, permanently attached by adhesive to cover much of the surface of these products, which are supplied by customers or provided by Crystal-Iced.com
3.2. Condition of the subject of the agreement
The method of decoration described above can result in individual stones breaking off, especially at certain exposed places such as corners, edges and projecting parts (e.g. antennae, certain keys) if the decorated product is subjected to considerable mechanical stress, for example if it falls onto or strikes hard surfaces or objects. It is in the nature of the products and work provided by Crystal-Iced that the decorated surfaces thereby produced are less resistant to impact or shock or other substantial mechanical stresses than the original surface of the product purchased or supplied for subsequent decoration.
Decoration of the products by Crystal-Iced may possibly lead to the termination or invalidity of guarantees by the respective manufacturer of that product.
The decoration of products by Crystal-Iced can also lead to slight functional impairments (e.g. reduced transmitting and receiving performance, attenuated ring tone volume, restricted accessibility and operability of control elements, reduced surface heat dissipation) compared with similar, non-decorated products.
These limitations form part of the agreed condition of the products and work provided by Crystal-Iced.com and do not represent a defect or any other defective performance on the part of Crystal-Iced.com
3.3. These items are not toys
The products decorated by Crystal-Iced.com are not toys and are unsuitable for children of any age. In particular the possibility cannot be ruled out that small pieces of the decorated surface may break off when the items are handled by children, who could swallow them.
3.4. Illustrations, especially on the Crystal-Iced website(s)
For technical reasons the illustrations or our products and the work performed, as shown on our website, together with other such illustrations, can only provide an approximate representation. In particular colours may differ considerably from those of the actual items, which may also be due to the individual settings of the customer’s computer and monitor, and, because of the use of crystals for decoration, to the particular lighting (daylight, artificial lighting etc.).
Such deviations do not constitute defects in the products or the work performed.
3.5 The customer’s duty to cooperate
If Crystal-Iced receives an order to decorate the customer’s products, the customer shall, at your own expense and risk, dispatch the product(s) to be decorated to Crystal-Iced at the following address:
94 Whalley New Road
Lancashire, BB1 6LD
Crystal-Iced recommends taking out adequate insurance cover for the consignment.
The customer agrees not to obstruct the activities of Crystal-Iced and, if necessary, to cooperate with Crystal-Iced in completing the agreement.
4. Conclusion of the agreement; language used for the agreement
4.1 Conclusion of the agreement
The product presentations on the Crystal-Iced web page (www.Crystal-Iced.com) only represent a non-binding invitation to customers to submit an offer to purchase.
The agreement between Crystal-Iced and the customer is effected by the submission of a binding offer for one or more products and/or work performances from Crystal-Iced (order) by the customer, and the acceptance of such an order by Crystal-Iced (acknowledgement of the order). This may also take the form of an electronic transaction via the Crystal Iced web page at www.Crystal-Iced.com or by e-mail.
Crystal-Iced.com will confirm the customer’s order without delay and by electronic means (confirmation of the order). This does yet not represent acceptance of the order.
If the payment is authorised, you will receive an e-mail within a few minutes confirming your order, and payment will be taken from your account shortly afterwards.
If payment is authorised but we have a query with your order, an e-mail will be sent to you to advise you of the nature of the query. If we are unable to resolve the query for any reason and cannot dispatch your order, a full refund will be issued back to your card.
If the payment is not authorised by your bank or card issuer, you will receive an e-mail within a few minutes advising you of the reason why. (Please note some issuing banks may still reserve your funds for a period of time).
4.2 Technical stages in the conclusion of the agreement; correction of input errors
Orders via email:
(1) Customer is provided a consultation via email
(2) Customer decides on the design
(3) We will issue an invoice with design description. Email confirmation will be sent to customer. (here the customer can still make any correction regarding the description).
(4) Customer sends us the item & pay the total amount via Google Checkout or PayPal
(5) The item will be Crystallized within 5 working days
(6) Crystallized item will be sent back to customer by Royal Mail or Parcel Force via insured delivery after the payment is made and the design is complete.
Online Shop order:
(1) Add the item in Shopping Cart.
(2) Click on “Select” to view the desciption and prices, and then click "Add to Cart" to save it to your Cart. (here the customer can still make any correction to the items they would like to buy.
(3) Choose the shipping cost
(4) Go to the checkout
(5) Customer confirms the order by reading through a summary of orders made and agrees to our terms and conditions
(6) Choose the payment method
(7) Provide a delivery address
(8) Send an order form (final confirmation of the order)
4.4 Language used for the agreement
English shall be the only language used for this agreement. If Crystal-Iced also make these Terms and Condtions or other contractual conditions available in another language, in the event of alterations to the content, only the English text version of the Terms and Condtions and contractual conditions shall be applicable.
5. Right of cancellation
The following right of cancellation applies only to consumers (provided that they are natural persons and are not acquiring our products and/or our services for the purposes of their own commercial or independent professional activities).
The right of cancellation does not apply to contractual statements about orders for decoration, instructing us to specifically customize products in accordance with your own personal requirements (e.g. if we are asked to provide a mobile telephone with your corporate logo or your personal initials or if we implement your own design).
5.1 Your cancellation rights:
Please contact us immediately if you have a problem so that we can sort it out as quickly as possible.
You have the right to cancel your order for any item purchased from Crystal-Iced.com, for a refund. This does not apply to items marked with a "+" next to the product name, as we are a custom design boutique, we cannot refund the custom designed orders. Any non-returnable faulty products will be replaced or repaired where possible.
Order cancellations must be made in writing, quoting your name and address, within 7 working days of the day after you receive the goods to Customer Care:
94 Whalley New Road
BB1 6LD, UK
If however your order has already been processed, you will need to return the order to us.
Please read the Return or Exchange an item section below.
Return or exchange an item
If you are not completely satisfied with your purchase, simply return the item or items to us in their original condition* within 7 days of receipt. We will issue a full refund (excluding original delivery charge and re-stocking fee) on receipt, or exchange the item for a different style / colour if preferred - for exchanges the additional postage cost must be paid for by the customer. Some products are non-returnable; these are clearly marked with a '+' next to the product name.
* The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods.
* The cost of returning the item to us is your responsibility.
* The parcel can take up to 7 working days to be returned to us, unless sent via special delivery.
If the item you received is faulty, please contact us with your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. You have 14 days from receipt of the faulty item to return it to us.
Discount codes, free gifts & vouchers
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Any free gifts given with an item which has been sent back for a refund must be returned also.
This returns policy does not affect your statutory rights.
*Note: Products must be returned in their original packaging in usused condition.
5.2 Consequences of cancellation:
In the event of an effective cancellation anything that has been received by either party in performance of the agreement shall be restored (and, if applicable, any benefits obtained, e.g. interest, shall be surrendered). If you are unable to restore to us anything received in performance of the agreement in its entirety, or if you are only able to restore it in part, or in a worse condition, you shall be obliged to provide us with compensation for lost value, if applicable.
If items have been assigned, this shall not apply if the worsening in the condition of the item is attributable solely to its examination, as might occur in a shop. In other respects you can avoid the obligation to provide compensation for lost value by not treating the item as if it were your own property and by avoiding anything that would detract from its value.
Items which can be dispatched as a package should be sent back in such packaging.
You are requested – although this is not a prerequisite for the exercise of your right of cancellation – to use the product and transport packaging supplied by us, or to package the product in some other suitable way. The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods.
The cost of returning the item to us is your responsibility. Goods which cannot be packaged will be collected from you. The parcel can take up to 7 working days to be returned to us, unless sent via special delivery.
You must meet any obligations for the reimbursement of payments within 14 days after the delivery and of your cancellation statement.
If the subject of the agreement consists in part or in its entirety of a service, your cancellation rights are terminated prematurely if we, with your express approval, have already commenced to provide the service before the end of the cancellation period, or if this has been arranged by you.
If this agreement has been financed by means of a loan and you cancel the finance agreement, you are no longer bound by the loan agreement if both of these agreements form single economic entity. This can be assumed in particular if we are at the same time the providers of your loan or if your lender makes use of our involvement with regard to the financing arrangement. If we have already received the loan at the time that the cancellation or return takes effect, you can apply not only to us regarding the arrangements for its return but also to your lender. The latter shall not apply if such an agreement is intended for the purchase of securities, foreign exchange, derivatives or precious metals.
*** End of the information about cancellation ***
6. Prices and Availability; delivery; liens for the performance of work; retention of title
6.1 Prices and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this 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 and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The currency is in Pounds Sterling (£).
Delivery shall be made by via the means selected at checkout to the address supplied to Crystal-Iced by the customer. We reserve the right to choose a more appropriate method of transport where required (this may be at extra or less cost to us).
These items should be delivered within 48 hours of dispatch but THIS IS NOT GUARANTEED. Parcels are subject to Royal Mail terms and conditions. THEY HAVE UP TO 15 WORKING DAYS TO DELIVER 1st Class Mail BEFORE THEY CLASS ANY ITEM AS LATE OR LOST AND WILL NOT ANSWER QUERIES BEFORE THEN. If your order is URGENT we strongly suggest you consider the SPECIAL DELIVERY option. We can do nothing about delayed or missing packages until 15 working days have elapsed from the date of posting. Most parcels will require a signature. If you are not in a card will be left. It is the customer's responsibility to arrange for collection/re-delivery. Any goods not collected and returned to us will be sent out again on payment of a further delivery charge. However, if you do not wish to have the goods sent again we will refund the cost of your order less the postage and packing and a restocking fee of £2.00
Parcels weighing over 2kg will be sent by courier service and will require a signature.
Next Day Delivery (excludes Weekends and Bank Holidays) is only available for selected items. However, this is subject to stock and may not be possible if we are out of the office for any reason.
TAX is included in all stated prices.
Overseas Orders are sent by Royal Mail International Signed-For or Parcel Force and a signature will be required.
In the unlikely event of goods not arriving within 28 days of dispatch, it is the customer's responsibility to notify us that they are not in receipt of the expected package. WE WILL NOT ACCEPT CLAIMS FOR NON DELIVERY OF GOODS WHICH HAVE NOT BEEN NOTIFIED TO US WITHIN 28 DAYS OF THE DATE OF DISPATCH.
A dispatch email will be sent when goods leave our premises. If an order has been placed and a dispatch email has not been received within 7 days please contact us immediately.
We try our hardest to keep all items in stock. However, due to long lead times at the manufacturers we are sometimes unavoidably out of an item. In these circumstances you will be emailed so that you can decide whether you wish us to place it on back order for you.
6.3 Retention of title
The products supplied by Crystal-Iced remain its property until payment has been made in full.
7. Warranty and limitation
7.1 Agreed condition
It is in the nature of the products and work performed by Crystal-Iced that the decorated surfaces thereby produced are less resistant to impact or shock or other substantial mechanical stresses than the original surface of the product purchased or supplied for subsequent decoration. Moreover decoration of the products by Crystal-Iced may possibly lead to the termination or invalidity of the product warranty provided by the respective manufacturer of that product. Furthermore the decoration may cause minor functional impairments compared with similar, undecorated products. Finally, the appearance of the colours of the decorated surfaces may vary, especially when they are exposed to different light sources, and may deviate from illustrations, particularly those on the internet (for all these aspects see above, III).
These limitations form part of the agreed condition of the products and work performed by Crystal-Iced and do not represent a defect or any other defective performance on the part of Crystal-Iced.
If there is a technical/functional fault with any brand new electrical product purchased from Crystal-Iced.com, it must be reported within 7 working days of receipt. Any faults out of the 7 day period will be repaired by the manufacturer as the product will be covered by warranty for upto at least 1 year from the date of purchase.
7.2 Restriction and limitation of liability for damages
We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the products.
In any cases, we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
7.3 Warranty restrictions in the case of the performance of work
The following restrictions on liability apply in the case of work performed by Crystal-Iced (decoration of customers’ products):
* The customer is required to accept the decoration/work performed within 7 days following receipt of the product or to let us know if defects exist which are not merely of a minor nature. Upon expiry of this period the work performed shall be deemed to have been accepted, provided that Crystal-Iced
has advised the customer at the commencement of this period about the significance of allowing this deadline to expire. This does not affect claims by the customer under warranty for defects.
* Claims for damages for defective performance of work (decorations of the item) or other inadequate performance of the work (decorations of the item) is limited to 1 year following acceptance of the particular performance of work; this does not apply to damages arising from mortal or physical injury or impairment of health or to damages arising from the violation of cardinal duties/essential contractual obligations.
In all other respects the statutory warranty, liability and limitation regulations and periods apply.
7.4 Investigation and notification of defects
Crystal-Iced requests that it should be notified as soon as possible about any transport damage or other directly and externally visible damage to products dispatched to the customer. However, this is not a prerequisite for warranty claims and claims for damages by the customer.
8. Copyrights/Rights of utilization
All copyrights, registered designs and other ancillary copyrights to the designs, drafts and other forms created by Crystal-Iced shall remain with Crystal-Iced. In particular these may not be used for commercial or industrial purposes, in any form or manner.
Furthermore the instructions supplied by Crystal-Iced for the decoration of products by the customer may only be used for the customer's own private purposes and not for any commercial or industrial purposes.
Crystal-Iced reserves the right to photograph the items it has decorated, and to make any other analogue and/or digital records or images of them, to reproduce or distribute them or exploit them in any other way, as well as to present and/or make them accessible, in particular for advertising purposes.
Crystal-Iced constantly endeavours to respect the copyrights of others and to make use of work that it has produced itself or which is not licensed. The content and work placed on our website enjoys the protection afforded by copyright and by other laws intended to safeguard intellectual property. Contributions by third parties are marked as such. Any reproduction, distribution and any kind of exploitation that is not covered by copyright requires the written approval of the respective originator. Downloads and copies of our web pages are only permitted for private, non-commercial use.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Crystal-Iced and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Crystal-Iced.
9. Applicable law; legal venue
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts
If, when bringing an action, the customer does not have a domicile or ordinary place of residency in England, and does not have a general place of jurisdiction, and if the party placing the order is a registered merchant and is acting in this capacity, England shall be the agreed place of jurisdiction.
In all other respects, in particular in the case of actions by or against consumers whose domicile, usual place of residence or general place of jurisdiction is within England, the lawful places of jurisdiction shall apply.
You agree to indemnify, defend and hold harmless Crystal-Iced, its directors, designers, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Crystal-Iced shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any provision in these Terms and Conditions or in the agreement between Crystal-Iced and the customer should be or becomes ineffective, these Terms and Conditions and the agreement shall in all other respects be unaffected.
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..
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Crystal-Iced. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Crystal-Iced