Terms & Conditions

ForEva Designs is a trading division of Number 75 Designs Ltd, a company registered in England and Wales.
Our registered office is at Holme Farm, Spalford, Newark, Nottinghamshire NG23 7HD.
Our company registration number is 8015017.
Any reference in these terms and conditions to “we” or “us” refers to ForEva Designs

Our contact details are as follows:

Trading address:
ForEva Designs
75 Hartsholme Drive
Lincoln
LN6 0HQ
United Kingdom.

General email: eleanor@number75design.com

Introduction

We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

Ordering from us
You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.  Within 5 days of placing your order we will send you a mock up of your personalised design for you to approve.

Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

Please note that we reserve the right to brand our personalised products.

We may refuse to accept an order:

(a) Where goods are not available
(b) Where we cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom. .
(f)  If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, 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.
(g) If we believe your order is for commercial or other non-domestic concerns.

Pricing
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

Our prices are reviewed periodically are reviewed on a regular basis.

Delivery

We will deliver the Products ordered by you to the address which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.

You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.

We do not deliver outside of the UK.

Delivery will be made as soon as possible. Our normal working hours are Monday to Friday 9am - 5.30pm. We only process and dispatch orders during these timescales. All delivery and dispatch timescales quoted on the website do not include weekends or bank holidays.

Whilst we make every effort to deliver goods within the specified timescale, on occasion due to unforeseen circumstances we cannot always guarantee delivery in said time, or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries

Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.

If the product(s) you have ordered do not arrive within 28 days of placing the order ForEva Designs except no liability unless you have contacted us via email within this period.

The majority of our products are despatched by Royal Mail. If the standard delivery is selected this is sent via second class Royal Mail which is estimated to be delivered in 3-5 working days. If express delivery is selected this is sent via first class Royal Mail which is estimated to be delivered in 1-3 working days, and if next day is selected this will be delivered the next working day. If you have not received your items, you must check with your local sorting office even if you have not received notification from your postman that they are holding items for you.

In the event that we reproduce an item for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.

In the event you have not received your order, we must allow the following timescales before we can take further action, and claim back from the relevant carrier for lost items.


Standard delivery: 14 working days from date of despatch
Express delivery: 10 working days from date of despatch
Next day delivery: 2 working days from date of despatch


Order Cancellations


For most items, you have the legal right to cancel your order within 7 working days of receiving the goods. However, this does not apply to certain items which we have made, personalised or customised specifically for you. It does not apply to perishable goods, audio or video recordings or computer software which has been opened.

Order cancellations must be made in writing, quoting your order number, within 7 working days beginning the day after the day on which the item is delivered.

If you wish to cancel your order you can notify us by email to eleanor@number75design.com before we have dispatched the goods to you or where goods have already been dispatched to you, the goods must be returned to us in accordance with the 'Returns and exchange' section below.

Please note: In order to provide a fast service some products are immediately sent for production. Please check your order on screen and the confirmation email carefully as we cannot refund products which have been miss-spelt.

We reserve the right to cancel your order at any time and issue a full refund.

The provisions of this clause do not affect your statutory rights.

Returns and exchange


If you are not completely satisfied with the goods, simply return them to us at any time within 14 working days of receipt. If goods are returned within 7 working days of receipt we will issue a full refund including postage and packaging, or an exchange. After 7 working days we will refund the cost of the order minus the postage and packaging charge paid. The costs of returning goods to us shall be borne by you.

The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post.

Your rights to return the goods to us will not apply in the following circumstances:

-Any products that we have made, personalised or customised specifically for you
-Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
- If you have made a spelling mistake on your order and it has been sent for production.
- You have disposed of the item you have an issue with
- A perishable item that has been consumed/disposed of.

If you return an item because of an error on our part, or because it is defective, we will happily refund the full value of the item and your costs in returning it to us. You can contact our Customer Service department for a freepost returns address.

The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.

We regret that postage and packing costs for unwanted items cannot be refunded after 7 working days from when the order was delivered.

Please note:
• You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the contract.
• The parcel can take up to 7 working days to be returned to our Warehouse, unless sent via special delivery.

This returns policy does not affect your statutory rights.

The address for returns is:
Foreva designs, Number 75 Design .Ltd
75 Hartsholme Drive,
Lincoln
LN6 0HQ

Discounts

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. Please note you can only use one discount code per order.

I received the wrong item
If the item you received is not what you originally ordered, please contact customer care quoting your order number, 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.

Faulty item
If the item you received is faulty, please contact our customer care team quoting your order number, 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. If the item is faulty, please return it to us within 30 days of receipt. Refunds cannot be given if the fault is as a result of misuse.

Colour
The colour of the product you receive may not match the colour as displayed by our website on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.

 

Licence
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non- commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in these terms are reserved.

Service Access


While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor Material and Conduct


Other than personally identifiable information, which is covered under the Privacy Policy www.forevadesigns.co.uk/privacy.aspny material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any material:

(a) - that is threatening, defamatory, obscene, indecent, seditious, 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
(b) - for which you have not obtained all necessary licences and/or approvals
(c) - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world or
(d) - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking).

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.

Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) - you do not remove, distort or otherwise alter the size or appearance of www.forevadesigns.co.uk
(b) - you do not create a frame or any other browser or border environment around this Website
(c) - you do not in any way imply that we are endorsing any products or services other than our own
(d) - you do not misrepresent your relationship with us nor present any other false information about us
(e) - you do not otherwise use any trade marks displayed on this Website without our express written permission
(f) - you do not link from a website that is not owned by you and
(g) - your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause at any time and to take any action we deem appropriate.

You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of any clause

Disclaimer


While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

Liability


We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Advertising and Sponsorship


Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

Governing Law and Jurisdiction


These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.

We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.

Miscellaneous


You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.