Terms and Conditions
In General
Caboodles Creations (caboodlescreations.com) owns and
operate this Website. This document
governs your relationship with https://caboodlescreations.com/ (“Website”).
Access to and use of this Website and the products and services available
through this Website (collectively, the “Services”) are subject to the
following terms, conditions, and notices (the “Terms of Service”). By using the
Services, you are agreeing to all the Terms of Service, as may be updated by us
from time to time. You should check this page regularly to take notice of any
changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and
we reserve the right to withdraw or amend the Services without notice. We will
not be liable if for any reason this Website is unavailable at any time or for
any period. From time to time, we may restrict access to some parts or all this
Website.
This Website may contain links to other websites (the
“Linked Sites”), which are not operated by https://caboodlescreations.com/.
https://caboodlescreations.com/ has no control over the Linked Sites and
accepts no responsibility for them or for any loss or damage that may arise
from your use of them. Your use of the Linked Sites will be subject to the
terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your
information, can be found at [Privacy Policy Link]. By using this Website, you
consent to the processing described therein and warrant that all data provided
by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or
encourage a criminal offense; transmit or distribute a virus, trojan, worm,
logic bomb or any other material which is malicious, technologically harmful,
in breach of confidence or in any way offensive or obscene; hack into any
aspect of the Service; corrupt data; cause annoyance to other users; infringe
upon the rights of any other person’s proprietary rights; send any unsolicited
advertising or promotional material, commonly referred to as “spam”; or attempt
to affect the performance or functionality of any computer facilities of or
accessed through this Website. Breaching this provision would constitute a
criminal offense and https://caboodlescreations.com/ will report any such
breach to the relevant law enforcement authorities and disclose your identity
to them.
We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data, or
other proprietary material due to your use of this Website or to your
downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content
(including photographic images) made available to you on or through this Website
remains the property of https://caboodlescreations.com/ or its licensors and
are protected by copyright laws and treaties around the world. All such rights
are reserved by https://caboodlescreations.com/ and its licensors. You may
store, print, and display the content supplied solely for your own personal
use. You are not permitted to publish, manipulate, distribute, or otherwise
reproduce, in any format, any of the content or copies of the content supplied
to you or which appears on this Website, nor may you use any such content in
connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product
on and subject to the following terms and conditions. All orders are subject to
availability and confirmation of the order price.
Dispatch times may vary according to availability and
subject to any delays resulting from postal delays or force majeure for which
we will not be responsible.
To contract with https://caboodlescreations.com/ you must be
over 18 years of age and possess a valid credit or debit card issued by a bank
acceptable to us. https://caboodlescreations.com/ retains the right to refuse
any request made by you. If your order is accepted, we will inform you by email
and we will confirm the identity of the party which you have contracted with.
This will usually be https://caboodlescreations.com/ or may in some cases be a
third party. Where a contract is made with a third party https://caboodlescreations.com/
is not acting as either agent or principal and the contract is made between
yourself and that third party and will be subject to the terms of sale which
they supply you. When placing an order, you undertake that all details you
provide to us are true and accurate, that you are an authorized user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement
e-mail confirming receipt of your order: this email will only be an
acknowledgement and will not constitute acceptance of your order. A contract
between us will not be formed until we send you confirmation by e-mail that the
goods which you ordered have been dispatched to you. Only those goods listed in
the confirmation e-mail sent at the time of dispatch will be included in the
contract formed.
(b) Pricing 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’.
(c) Payment
Upon receiving your order, we carry out a standard
authorization check on your payment card to ensure there are sufficient funds
to fulfil the transaction. Your card will be debited upon authorization being
received. The monies received upon the debiting of your card shall be treated
as a deposit against the value of the goods you wish to purchase. Once the
goods have been dispatched and you have been sent a confirmation email the
monies paid as a deposit shall be used as consideration for the value of goods
you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without
any guarantees, conditions, or warranties as to its accuracy. Unless expressly
stated to the contrary to the fullest extent permitted by law https://caboodlescreations.com/
and its suppliers, content providers and advertisers hereby expressly exclude
all conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity and shall not be liable for any
damages whatsoever, including but without limitation to any direct, indirect,
special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, damage to goodwill or reputation, or
the cost of procurement of substitute goods and services, arising out of or related
to the use, inability to use, performance or failures of this Website or the
Linked Sites and any materials posted thereon, irrespective of whether such
damages were foreseeable or arise in contract, tort, equity, restitution, by
statute, at common law or otherwise. This does not affect https://caboodlescreations.com/’s
liability for death or personal injury arising from its negligence, fraudulent
misrepresentation, misrepresentation as to a fundamental matter or any other
liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way
that is fair and legal and does not damage our reputation or take advantage of
it, but you must not establish a link in such a way as to suggest any form of
association, approval, or endorsement on our part where none exists. You must
not establish a link from any website that is not owned by you. This Website
must not be framed on any other site, nor may you create a link to any part of
this Website other than the home page. We reserve the right to withdraw linking
permission without notice.
Disclaimer as to ownership of trademarks, images of
personalities and third-party copyright
Except where expressly stated to the contrary all persons
(including their names and images), third party trademarks and content,
services and/or locations featured on this Website are in no way associated, linked,
or affiliated with https://caboodlescreations.com/ and you should not rely on
the existence of such a connection or affiliation. Any trademarks/names
featured on this Website are owned by the respective trademark owners. Where a trademark
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 https://caboodlescreations.com/.
Indemnity
You agree to indemnify, defend, and hold harmless https://caboodlescreations.com/,
its directors, officers, employees, consultants, agents, and affiliates, from 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.
Variation
https://caboodlescreations.com/ 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.
Invalidity
If any part of the Terms of Service is unenforceable
(including any provision in which we exclude our liability to you) the
enforceability of any other part of the Terms of Service will not be affected
all other clauses remaining in full force and effect. So far as possible where
any clause/sub-clause or part of a clause/sub-clause can be severed to render
the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in
such a way that closely resembles the original meaning of the clause
/sub-clause as is permitted by law.
Complaints
We operate a complaint handling procedure which we will use
to try to resolve disputes when they first arise, please let us know if you
have any complaints or comments.
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.
Entire Agreement
The above Terms of Service constitute the entire agreement
of the parties and supersede all preceding and contemporaneous agreements
between you and https://caboodlescreations.com/. Any waiver of any provision of
the Terms of Service will be effective only if in writing and signed by a director
of https://caboodlescreations.com/.