Terms & Conditions


Welcome to the Cream & Co™ website. The services available on the Cream & Co website are provided to you subject to the following Terms and Conditions. Using our website is conditional on your acceptance of these Terms and our Privacy statement. By placing an order from the Cream & Co website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

These Terms may change from time to time and you should check this page for any changes prior to using our website. Your continued use of our website means that you have accepted these Terms and the Privacy statement. You acknowledge and agree that these Terms and Conditions, including our Privacy Policy, supersede all prior agreements and that they constitute the entire and exclusive agreement between us concerning your use of the Website.

Definitions

This website www.creamandco.com (the "Website") is owned by Impact by Design Limited trading as Cream & Co. Any references to “we” “us” “our” and Cream & Co shall be deemed to be references to Impact by Design Limited. References to “you” and “your” shall be deemed to be references to any person using or placing an order via the Website or otherwise communicating with Impact by Design Limited. Headings are for convenience only and do not form part of the Terms and Conditions.

Privacy Policy

Please review our Privacy Policy which forms a part of these Terms and Conditions.

Placing an Order

To be eligible to purchase goods on this site and to lawfully enter into and form contracts on this site under English law you must:

  • be aged 18 or older; and
  • register on the Site; and
  • be the holder of a valid debit/credit card (or other authorised method of payment if this option is available on our website)

By placing an order via this website, you are making an offer to Cream & Co to purchase the goods detailed in your order under the stated terms and conditions.  If we have your email address, we will send to you an email acknowledgement providing you with the details and value of your order.

Completing the appropriate order form authorises us to recover any payment due to us through your credit or debit card, or other mechanism.

This means that your order is an offer, not a contract of sale between you and Impact By Design Limited, so prices and stock availability won't be contractually confirmed until you receive the 'confirmation of despatch' email, which is sent out once credit card authorisation has been confirmed and stock levels have been checked.

For the avoidance of doubt, the 'order confirmation' email that is sent out once you have placed an order is just an acknowledgement of your offer and should not be taken as our acceptance of that offer.

These terms and conditions cannot be varied except by changes made by Impact By Design Limited on the site, which may be made from time to time.

In particular, nothing said by any representative of Impact By Design Limited will operate as a variation to these terms and conditions or constitutes a legal representation on behalf of them.

Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.

If you require a VAT invoice or you require any information regarding your order(s) please contact Customer Services on 01202 883514 during normal UK working hours or email us at customerservices@creamandco.com

We may not accept your order:

  • If an item you have ordered is out of stock.
  • We are unable to obtain authorisation for your payment.
  • We suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error.

If the event that we are unable to fulfil your order, following our order acknowledgement, we will contact you by email or telephone advising you of this, provided we have your contact details.

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Receipt of Order

Impact By Design Limited must receive payment in full for your order before it can be accepted. Once your credit card has been authorised and stock is checked, Impact By Design Limited will send you an email receipt confirming your order. Please keep this receipt for your records.

We can only accept orders for items that are in stock. In exceptional circumstances, if we are not able to fulfil an order we have accepted, your credit card will be re-funded with the original price and we will notify you by email. In no circumstances will we be liable to you for any additional amounts.

Impact By Design Limited reserves the right to refuse to supply any person for whatever reason.

Payment

You may pay using any of the methods specified in the Payment section of the Website. You must confirm that the credit or debit card that is being used is yours.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will have their details passed onto the Police.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

All orders will be charged in British Pounds Sterling (£) and include UK Value Added Tax at the current rate, postage and packaging is quoted separately, so the total cost of your order is the price of the products ordered and delivery charges. Prices quoted on the Website are indicative only and are subject to change. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

Gift Vouchers

Cream & Co Gift Vouchers can be exchanged for merchandise either online www.creamandco.com or by telephone 01202 883514. They cannot be exchanged or refunded for cash. Gift Vouchers can be used towards the purchase of goods at a higher price than its face value upon payment of the difference. Cream & Co is under no liability for replacement or refund should vouchers be lost, stolen, damaged or destroyed whether they have been redeemed or not. Furthermore, we reserve the right to refuse any vouchers that have been modified, damaged or defaced. Gift Vouchers are only valid with a recognised Cream & Co unique serial number on them.

Gift Wrapping

Gift wrapping is available and we will endeavour to wrap your item(s) as requested. There may be occasions when the product is too large and we will not be able to git wrap them, but we will contact you should this prove to be the case. When you have asked us to only use one box or bag we will endeavour to do so, but should the items not fit and we have to use more than one, you will be charged for each box/bag used.

Title to Goods and Risk of Loss

We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

Risk in the goods will pass to you upon delivery to you.

Postage & Packing / Delivery

We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery time-scales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.

All stock items will normally be dispatched within 24 hours. Delivery is Monday to Friday and will be within 3 to 5 working days from dispatch for UK deliveries. A charge is included as part of the order to cover postage and packing. For more information on non-UK deliveries please call us on +44 1202 883514.

Acceptance of Goods

Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.

If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services on 01202 883514 during normal UK working hours or email us at customerservices@creamandco.com.

Cancelling an Order

If you have placed an order but then wish to change or cancel it, please contact us as soon as possible. We will endeavour to make any changes but we cannot guarantee that we will be able to do so as the order may have already been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures. We do operate a No Quibbles Returns policy.

Returns Procedure

If you are not entirely delighted with the products that you have chosen you may return them to us within 30 days of receipt. We will be happy to offer you an exchange or, if you wish, a refund provided that the products are returned complete, in perfect condition, unused, unwashed and with the original packaging and tags. Items can only be returned outside this period if they are found to be faulty but please ensure to read the relevant product care information. We cannot accept an item returned as faulty if the appropriate care instructions have not been followed or the damage caused to the product is clearly due to wear and tear or misuse. Certain items are excluded from our returns policy for hygiene reasons.

Return of an item is at your own cost unless the item is faulty.

Please return to: Yew Tree House, Holt Lane, Holt, Dorset, BH21 7DJ.

If you are returning an item it would be really appreciated if you could drop us an email to say it is on it's way. email customerservices@creamandco.com

Product Descriptions

We strive to represent our products as accurately as possible, but we cannot guarantee the way in which different computer and mobile device screens render colour. The colour of the item you receive may differ slightly from the colour in our photography.

We will take all reasonable care to ensure that all details and images appearing on the Website are correct at the time the relevant information was entered onto the system. However, to the extent permitted by law, we do not warrant that the descriptions or other content available on the Website are accurate, complete, reliable, current, or error-free, although we do aim to keep the Website as up to date as possible. We apologise for any inconvenience that may be caused, but we cannot always offer the exact described product at the specified price, if errors or omissions are present.

Errors & Omissions

While every care is taken to ensure that all information on this website is correct, there may still be errors or omissions. If you find an error or omission please let us know by sending an Email to customerservices@creamandco.com and we will correct it as soon as possible after verification.

Complaints

If you wish to complain about any matter in respect of the goods please contact Customer Services on 01202 883514 during normal UK working hours or email us at customerservices@creamandco.com

Legal Governance & Liability

The Website, its contents and any contracts arising out of it are governed by English law. By entering into a contract both parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales. This does not affect your non-excludable statutory rights. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable for these terms and conditions and shall not affect the validity or enforceability of any remaining provisions. Our failure to execute any provision within these Terms and Conditions shall not affect our full right to execute it at any time thereafter, nor shall our waiver of a breach of any provision be taken or held to be a waiver of the provision itself. Time shall not be of the essence of these Terms and Conditions in respect to any of the times and dates mentioned or on the Website. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the Website.

Nothing contained in these Terms and Conditions shall be construed as creating any form of joint enterprise between us.

This website and our Terms and Conditions have been designed for use within the UK and under UK law. Whilst we are happy to consider orders from outside the UK, we give no warranty, express or implied, that the use of the Website or the placing of any order through the website complies with any applicable non-UK laws. Accordingly, any products or promotions not permitted under your local law are not offered to you.

We will not be liable for any damages associated with use of the Website however caused, including but not limited to: computer viruses; any misleading, inaccurate or false statements; events beyond our reasonable control. Impact By Design Limited’s total liability for any claim howsoever arising shall not exceed the price of the goods supplied by Impact By Design Limited to the customer, together with any postage costs incurred. Impact By Design Limited shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way. In no event shall our maximum aggregate liability exceed one hundred pounds sterling.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from: any third-party claim, action, or demand resulting from your use of the Website; and from any action you take that adversely impacts the Website or imposes an unreasonable burden on our infrastructure.

Copyright & Other Rights and Your Obligations

The Website and all text, images, information, photographs, video, audio and other content contained within it, are owned by or licensed to Impact By Design Limited. The copyright and all other intellectual property rights in the content contained on the Website are the sole and exclusive property of Impact By Design Limited.

The trademarks, and other logos displayed on the Website are the registered and unregistered marks of Impact by Design Limited, or their suppliers, or other parties. All trademarks not owned by Impact by Design Limited that appear on the Site are the property of their respective owners, who may or may not be connected to us.

The contents of the Website and the Website as a whole are intended solely for personal, non-commercial use. You may view the Website and print its contents for this purpose only. You may not use, transfer, copy, link to or reproduce any part of the Website in any form or by any means except for the sole purpose of viewing its content as intended, unless you have the express written permission of Impact By Design Limited.

Where written permission has been given a website that links to our Website: must not imply our endorsement of that website, products or services; must not contain or link to distasteful, obscene or unlawful content; must not portray or associate us, our website or the products we sell in an undesirable or objectionable manner; must not take any action that may impose an unreasonable load on our infrastructure or breach our Privacy Policy. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

In your use of the Website, you agree to act always in accordance with the law and in good faith. You must not make any alteration to the Website and not impair in any way the integrity or operation of the Website. If you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all losses and damages that this may cause to Impact by Design Limited.

You agree that you are fully responsible for any content, data, or other media that you submit to the Website, or otherwise impart to Impact by Design Limited, which must be legal and inoffencive. You warrant that it does not infringe any property rights and agree that by providing any item to Impact by Design Limited you assign all rights to us, that you have the right to do so, and that we may use or modify any item as we wish. Furthermore you agree to ensure that all content you submit is true; relevant to Cream & Co; does not falsely appear to impersonate submissions by another; misrepresent your relationship with another party; is not an advert or other promotional item and does not adversely affect Impact by Design Limited. We have the right to remove any item and terminate user accounts and/or services at our sole discretion.

We do not control content submitted by other users to the Website, as such you accept that you may come across material that contravenes these terms and conditions. Please let us know so that we can remove it. User submitted connect is not endorsed by us and may be inaccurate, misleading or otherwise objectionable. We accept no liability, for loss or damages of any kind, in relation to any user content, or its use, and you agree that entire responsibility lies with the party that supplied it to us. 

Your Account

You warrant, and are responsible for ensuring, that the personal information which you provide is true, accurate and kept up to date in all respects.

You can update your details through "my account" page. You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Customer Services on 01202 883514 (+44 1202 883514) during normal UK working hours or email us at customerservices@creamandco.com.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Impact by Design Limited’s best interests to do so.

See our Privacy Policy regarding the treatment of your personal information.

Third Party Links

We are not responsible for the content of any off-site pages or other websites linked to or from the Website. Links appearing on our Website are for convenience only and we do not endorse nor warrant their content or any actions taken as a result of accessing them. Your linking to or from any off-site pages or other websites is entirely at your own risk. You should carefully review the terms and conditions and privacy policies of all other Websites that you visit.

Our Details

Cream & Co is a trading name of Impact by Design Limited 

Impact By Design Limited is a company registered in England and Wales

Company registration number: 6233727, VAT registration number: 910 5452 55

Registered office: 1 Sunburst House, Elliot Road, Bournemouth, Dorset, BH11 8JP

Office Address: Yew Tree House, Holt Lane, Holt, Dorset, BH21 7DJ

Telephone Number: 01202 883514

 

If you have any questions regarding these Terms and Conditions, please contact us by email at customerservices@creamandco.com