Terms of Service

 

TERMS OF SERVICE

1.  INTRO

This page (together with the documents referred to on it) tells you the Terms of Service (the “Terms”) on which you may make use of our website www.bigcrocodile.co.uk (our “Website”) and upon which we sell and supply the goods (the “Goods”). Please read these Conditions carefully before you confirm your order. By ordering Goods listed on this website, you indicate that you accept these Conditions and that you agree to abide by them. We reserve the right to amend the Website and these Conditions at any time without notice as we see fit and your continued use of the website will signify your acceptance of any adjustment to these terms.

2. INFORMATION ABOUT US

www.bigcrocodile.co.uk is a Website operated by Big Crocodile Ltd incorporated and registered in England and Wales, Whose registered office is at 90 Anmore Road, Denmead, Waterlooville, Hants PO7 6NT. Our Company registration number is 07741790. Our telephone number is 07973866512

3. OVERVEIW

Throughout the site, the terms “we, “us” and “our” refer to Big Crocodile. Big Crocodile offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), Including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and /or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

bigcrocodile.co.uk store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – DESCRIPTION OF PRODUCTS

Each product available from the website is subject to it’s product description which sets out additional specific conditions related to that product.

We make every effort to ensure that all details, descriptions and prices of goods appearing on the website are correct. Although we aim to keep the website as up to date as possible, the information, including product descriptions, appearing on this website at a particular time may not always reflect the position exactly at the moment you place your order. We will notify you of any material changes to this information which will be deemed to have been accepted by you unless we receive a notification in writing within 7 days upon notification. It is your responsibility to provide us with a valid e-mail address for such communications.

While we make every effort to provide accurate and helpful information, commentary and other materials posted on our website are a guide only and not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website.

SECTION 6 - PRODUCTS OR SERVICES

We offer the following ranges of products

Stock items: Items that are in stock and can be ordered to be despatched within 48 hours

Made to order: Some of our products are made to order. Product wait times are provided within the product description and are subject to change without prior notice. Please refer to the product wait times before placing your order. We are not responsible for any loss incurred by you due to you not allowing enough time for your item to be made and despatched to you.

Downloadable PDF items: You will be emailed a link to a downloadable PDF document once your order has been confirmed. You will not receive a physical item.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

SECTION 7 – PRICE

“Product Price” quoted on the website is the sale price of the product which is chargeable on the sale of the goods but excludes delivery costs and any costs related to importing products to a country outside of the UK.

“Order Price” – means the price at which we have agreed to accept your order and is deemed inclusive of delivery charges and other sales tax but does not include any costs related to importing products to a country outside of the UK.

“Delivery price” is quoted for delivery in the United Kingdom unless otherwise specified. You can calculate the cost of delivery to locations outside of the UK using the Shipping Rates Calculator of the Cart page before placing your order.

All prices on our store are displayed in GBP. You can change the currency using the tab at the top of the website homepage although not every currency is available. Please ensure that you accept the price converted into your own currency before placing an order.

We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to change the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control. In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.

SECTION 8 – ORDER AND CONTRACT CREATION

These Terms together with the Privacy Policy and dispatch confirmation email will govern the contract (“Contract”) to the exclusion of any other terms, including any terms and conditions which you may purport to apply under any purchase order, confirmation of order or other document and that by placing an order you acknowledge that any business conducted thereunder will be subject to these Terms. A contract will only exist after your payment card has been debited and an order confirmation email has been sent to you (whether or not you have received it) and will only relate to the Goods specified in the Order Confirmation.

We reserve the right to make delivery of the Goods in instalments. Each instalment will constitute a separate contract.

You Statutory Rights are not affected by the Terms. In the event of a conflict between such Rights and the Terms the Statutory Rights will prevail to all buyers who do not purchase Goods in the course of any kind of business.

No order shall be deemed accepted by us unless and until it is confirmed unconditionally by us via email.

The technical steps required to create the Contract between us are as follow:

1: To place an order choose the products you would like to order and add them to Cart. Once you have selected all of the products you would like to order continue to the checkout. Follow the instructions to calculate shipping costs and to complete your order.

2: Fill in all of the details required to complete your order. You are responsible for ensuring that all of the details you provide us are accurate. We will not accept an order from you unless all of the details have been entered correctly.

3: We will send you an order acknowledgement email detailing the products you have ordered. This is not an Order Confirmation. You should check that the details in the order acknowledgement are correct. If you have purchased a downloadable PDF item a link to this item will be emailed to the email address you have provided within 1 hour of the acknowledgement of your order.

4: You will receive an order dispatch confirmation via email once your order has been shipped. The completion of the Contract will take place on the dispatch to you of the Goods ordered unless we have notified you that we do not accept your order, or you have cancelled it. The Contract will only relate to the Goods stated in the Order Confirmation.

Non – acceptance of an order may be a result of one of the following

            The product being unavailable

            Our inability to obtain authorisation and confirmation for your payment.

            The notification from our payment systems that the payment method you are using may be fraudulent.

            The identification of a pricing or description error

             You not meeting the eligibility of the order criteria set out in the Terms.

The Contract will be conducted in English

SECTION 9 - PAYMENT

We accept payment via credit or debit card through a third party merchant service, Shopify Payments Powered By Stripe, provided to us by Shopify Inc. We do not receive or store any credit or debit card details. We are notified of the success of payments from this Third Party and have no control over whether a payment is accepted or declined by them.

We also accept payment through Paypal.

By placing an order you agree to payment being charged to your debit/credit card account or from your Paypal account.

Payment will be taken out of your account before delivery of goods.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if third party procures unauthorised access to any data you provide when accessing or ordering from the website.

SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 – CANCELLING YOUR CONTRACT

You are entitled to cancel your order at any time prior to receiving the Order Confirmation. After receiving the Order Confirmation you have the statutory right under the Consumer Contracts Regulations 2014 to cancel any order for Goods at any time prior to receiving the Goods or up to seven working days after receiving them.

If you exercise your right to cancel and return the Goods in the original packaging with a copy of the invoice, we will provide a full refund on the price paid for the Goods and the original delivery charge. The following goods are excluded from these Regulations and you cannot cancel orders for these Goods:

  • Downloaded PDF patterns
  • Bespoke items – (special custom made to order requests) this does not relate to made to order items available from the Website.
  • Goods that you have used

You shall also have the right to cancel an order for Goods in the case of faulty or defective Goods at the earliest opportunity after you have discovered the fault or defect – as long as the fault is not due to misuse or normal wear and tear. In all cases of cancellation, the notification to us must be made in writing with seven working days (or 30days in the case of faulty, defective, wrongly described or wrongly delivered goods) and should include the order number and details of the claim. Upon receiving your cancellation notice, we will contact you providing you with relevant instructions. You must then immediately return the Goods to us at your own cost and risk. In the case of faulty, defective, wrongly described or wrongly delivered goods we will refund the cost of return postage provided you provide proof of the postal cost.

Your refund will be paid to payment method you used to make the original order within 7 working days of us receiving the returned item.

SECTION 13 – POSTAGE AND SHIPPING

UK orders will be shipped by Royal Mail as standard. Overseas orders will be sent airmail. We reserve the right to use an alternative courier service if they are deemed by us to provide a better service or cost effectiveness of delivering your items.

We are unable to guarantee delivery times. You are responsible for allowing adequate delivery time for your order to arrive. We cannot be held responsible for any loss incurred due to you not receiving your order within your expectations. You will be notified by email when your order has bee dispatched.

If you require next day delivery or you would like to request and alternative means of delivery you can email your request to info@bigcrocodile.co.uk and we will inform you if this is possible. You should email your request before placing your order.

SECTION 14 – OVERSEAS SHIPPING (OUTSIDE THE UK)

If you purchase an item from us that requires shipping outside of the UK your goods may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price and cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order. When shipping products internationally, please be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.

SECTION 15 – LINKS FROM OUR WEBSITE

Where our website contains links to other websites and resources provided by third parties, these links are for you to access at your sole discretion and risk. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from the use of them.

SECTION 16 – INTELLECTURAL PROPERTY RIGHTS

The content of this website is protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public or otherwise use any content on our website in any way except for your own personal, non-commercial use. You may only use content as is permitted using the functionality of the website.

Many of the images on our website especially those of Photography Props in use are used with the expressed permission of the copyright holder. Copying, downloading or screen grabbing of any of these images is strictly prohibited. The copyright for each of these images remains with the original photographer and permission to use their images can only be expressed by them.

We acknowledge that goods sold by us, as well as the website content, may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. No licence is granted to you to reproduce copyrighted material unless with the prior permission of the copyright owner.

SECTION 17 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example images of our products in use or contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 19 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 21 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Big Crocodile Ltd and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 22 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 24 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 25 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

SECTION 26- CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@bigcrocodile.co.uk.

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