These terms and conditions (the “Terms”) set out your rights and obligations, and those of Tell Her You Care Ltd (“we” or “us”), in relation to this website, www.tellheryoucare.com (the “Website” or “Site”), and any products, services and material of any kind available through the Site or us (the “Services”).
We are a company registered in England and Wales under registration number 12395796 under the name Tell Her You Care Ltd; the address of our registered office is 16 New Way, Guiseley, Leeds, LS20 8JR.
When we refer to “Tell Her You Care” in these Terms, we mean us, the Site, or the Services, according to the context.
By registering with Tell Her You Care, you accept that you are entering into a contract with us under these Terms. People who register with Tell Her You Care establish an “Account”, and become “Users”. Visitors to Tell Her You Care who do not register with Tell Her You Care, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access Tell Her You Care.
You must be at least 16 years of age to use this website.
If you do not agree to these Terms, you must not use this Website or the App.
You should be aware that these Terms may change from time to time.
You will be able to access most areas of Tell Her You Care without registering your details with us. Other areas, and the opportunity to place orders with us, are only open to you if you register. I agree to the Terms & Conditions and Privacy Notice, and I am 16 years or older.
2. Trading details
Whenever you buy a product through this Website, you will be contracting with Tell Her You Care Ltd, a limited liability company incorporated in England and Wales under company number 12395796.
Registered office: 16 New Way, Guiseley, Leeds, LS20 8JR United Kingdom
3. Ordering from us
3.1. Product description
We use our reasonable endeavours to make sure that every product on Tell Her You Care is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout.
3.2. Placing your order
A contract for the purchase of a product is created as follows:
- The User places the order on the Site by pressing an order confirmation button (“Checkout”) at the end of the checkout process: if the product in question includes content selected by the User it is a “personalised product”; if it is a standard product which does not include any content selected by the User it is a “non-personalised product”
- By confirming your order, you are agreeing to purchase the product you have selected
- At this point, we take payment for your order by means of your nominated payment method
- We will send to you a “Thank you for your order” email detailing your order, and other information we must provide to you
From time to time, we may reject an order for the following reasons:
- If, unfortunately, we do not have your chosen product in stock
- Where we cannot obtain authorisation for your payment
- If there has been a relevant pricing or product description error
- If your order otherwise breaches any of the requirements of these Terms
- If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 3.4 below for our Content Rules)
- We suspect that the order has been placed fraudulently
- It appears that the order mistakenly duplicates another order
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
There are limited circumstances in which you may cancel an order after it has been made.
Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
You must be at least 16 years of age to use this website.
If you do not agree to these Terms, you must not use this website.
3.3. Personalising products
Tell Her You Care aims to provide you with a fast, high-quality service. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is up to you to ensure that content you have contributed for inclusion in a personalised product is correct, and (for example) is correctly spelt.
By contributing any content for a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to Tell Her You Care or the requirements of the product you have ordered.
3.4. Content Rules
We do not permit personalised products to include any content or material which:
- infringes anyone’s copyright
- infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
- contravenes any applicable law (including, without limitation, any criminal law) or regulation
- is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
- misrepresents identity or impersonates any person
- includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
- contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
- may harass, upset, embarrass or alarm any person
- gives the impression that it emanates from or has been approved by us
- advocates, promotes or assists any unlawful act
The above are our Content Rules.
At Tell Her You Care, you can pay for your products using credit card, debit card, PayPal or any other payment method which we make available to you at the time of your order.
- Orders will be processed and send by close of play on the next working day by Royal Mail First Class Post.
- Packaging and delivery costs are included in the product price
- Royal Mail advises that 90% of all First Class post arrives the next day but can take up to 3 working days to arrive
- Should there be any major or unprecedented mechanical fault or unforeseen force majeure, Tell Her You Care will endeavour to get orders in the post as soon as possible
- Tell Her You Care reserves the right the change the postage cost at any time
4. Supply and pricing of products
4.1. Supply of Products
The postcards and chocolate sold by us through our Website are shipped from our registered office in Leeds, in the United Kingdom.
4.2. Prices and VAT
Tell Her You Care is not VAT registered and so will not charge VAT on any products listed on the website. We reserve the right to change this at a future date if the company becomes VAT registered.
4.4. Postage and packaging charges
Packaging and delivery costs are included in the product price.
4.5. Substitute Products
Please note that if a product is unavailable, we may substitute it with an alternative product unless you request us not to do so.
As stated above, Tell Her You Care will aim to process and despatch orders by close of play on the next working day to send them by Royal Mail First Class Post, but Tell Her You Care does not guarantee delivery dates or times. We will make you aware of delivery charges (if there are any) before you place your order.
5.1. General despatch information
The despatch date is the day we send the item you have ordered, not the day it will be delivered.
- Your order is likely to arrive much faster if you use a postcode
- You can check that you have the correct postcode by using the Royal Mail’s postcode finder available at www.royalmail.com/find-a-postcode. We are not responsible for the accuracy of the Royal Mail’s postcode finder
- It is your responsibility to ensure that the delivery address you provide for any order you place is correct
5.2. Circumstances Beyond Our Control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
6. Changing or cancelling an order
If you need to change or cancel your order, please email firstname.lastname@example.org as soon as possible to give us the best chance to make any necessary changes before the order is processed.
Emails are answered as soon as possible but it is possible that your order could begin production before your email is processed and we will be unable to make any changes requested in the email.
7. Returns and refunds
At Tell Her You Care, we want every give to be perfect. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
We have different rules for returns of personalised products, please see below.
7.1. Reporting a problem
If for any reason you are not happy with your Tell Her You Care order, please contact us at email@example.com. You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 7 working days (but hopefully sooner) and will do our best to resolve it within 28 days. Should it be necessary, we will then advise you how to return your item.
7.2. Returning products and issuing refunds
Personalised products – Postcards that have a personal message written on them
Where an item is faulty, we will ask you to return it to us within three days of receipt. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have. You must return the unused product to us within 14 days of notifying us of the cancellation, and must pay the cost of returning the product to our nominated address.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to send a replacement item free of charge. Please note it is not our policy to offer both a refund and a resend.
Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt.
Non-personalised products: Chocolate
The chocolate that Tell Her You Care offers as part of the gifts is non-personalised. You have the right to cancel your contract for the purchase of a non-personalised product provided you notify us of the by emailing us at firstname.lastname@example.org – no longer than 15 days after the day on which the product is delivered. You must return the unused non-personalised product to us within 14 days of notifying us of the cancellation, and must pay the cost of returning the product to our nominated address. We will refund the purchase price you have paid for the product if its within 14 days of its return. However, if the value of the product has been reduced by any handling of it beyond what is necessary to check whether the product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Note that the value of a product may be reduced to nothing if its seal (or similar) is broken. Please follow any returns procedure for non-personalised products which we specify from time to time.
8. Use of the Website
8.1. Abuse of service
You agree not to use Tell Her You Care directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3.4 above).
8.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website is protected by Tell Her You Care or third-party copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You may use and access Tell Her You Care to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Tell Her You Care.
No-one may copy, distribute, show in public or create any derivative work from Tell Her You Care, or any of the material which is found on Tell Her You Care unless properly licensed in writing by us to do so. You are not allowed to use Tell Her You Care (or to copy or use any material found on Tell Her You Care) for any commercial purpose other than to conduct the purchase of a product from Tell Her You Care.
No-one may use any robot, spider, scraper or other automated means to access Tell Her You Care for any purpose without our prior express written permission.
8.3. Website content and service access
We will always try to ensure that Tell Her You Care is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third-party websites you do so at your own risk.
We use reasonable care and skill to provide Tell Her You Care in accordance with our specifications for Tell Her You Care but:
- the Services are provided “as is”
- we cannot and do not guarantee that Tell Her You Care or the Services will meet your requirements
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order We are under a legal duty to supply goods which conform to our contract with the User.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
- for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
- any loss or corruption of data
- any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
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 by you, your use of the Website, or anything done while your Account is logged into the Website.
The provisions of this section shall survive the termination or expiry of these Terms.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Tell Her You Care, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Tell Her You Care if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
8.7. Contact from third parties
If anyone contacts us in relation to your or your Account’s use of Tell Her You Care or a transaction associated with you or your Account, then you agree:
- to provide all reasonable information and assistance we may require in connection with responding to that contact
- to respond promptly and accurately to it, should we pass the message to you for a response
9. Offers and Promotions
The offers and promotions which we make available on our Website are governed by terms and conditions which will be accessible to you at the time.
These Terms are intended to contain your entire agreement with us relating to the Services, the Website.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and Tell Her You Care shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these Terms from time to time, and post the new version on Tell Her You Care. The new version of these Terms will take effect:
- commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you
- immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you – examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, Tell Her You Care, and (ii) the refinement of provisions that are already included or referred to in these Terms
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Tell Her You Care. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services and each order and purchase of a product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.
We don’t separately file the Terms entered into by Users when they register for Tell Her You Care. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
By submitting a review on Tell Her You Care, you confirm and agree that:
- You are the sole author of the review – none of it has been copied from elsewhere;
- Your review is accurate and fair;
- You are at least 18 years old; and
- You grant Tell Her You Care a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy and modify your review.
You also agree you will not submit a review:
- That is known by you to be false, inaccurate or misleading;
- That infringes anyone’s copyright, trade mark or other proprietary rights, or a duty owed to any person or entity, such as a duty of confidentiality;
- That breaches any applicable law, or that advocates, promotes or assists any unlawful act
- That is, or may reasonably be considered to be, offensive, abusive, threatening or defamatory;
- That promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
- For which you were compensated or granted any consideration by any third party;
- That references any other website or service;
- That misrepresents identity or impersonates any person;
- That includes any personally identifying information about any person, such as their name, address, phone number, or email address;
- That is pornographic, obscene or indecent;
- That may harass, upset, embarrass or alarm any person; or
- That comments on any other reviewer
Tell Her You Care reserves the right, in its absolute discretion, to:
- Decline to publish a review; and
- Remove a review for any reason
For any review that you submit, you grant Tell Her You Care a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.
By submitting your email address in connection with your rating and review, you agree that Tell Her You Care and its third-party service providers may use your email address to contact you about the status of your review and for other administrative purposes.
When we refer to “Tell Her You Care” in these Terms, we mean Tell Her You Care Ltd or www.tellheryoucare.com Website according to the context.
These Terms take effect on 1st April 2020