Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. Where to find information about us and our products
You can find everything you need to know about us, Abacus Creative Resources Limited, and our products on our website, in our catalogue, or from our sales staff before you order. We also confirm the key information to you in writing after you order, either by email, in your online account or on paper.
We don't give business customers all the same rights as consumers: For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
2. If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
3. We only accept orders when we've checked them
We contact you to confirm we've received your order and we accept it when we dispatch or supply the product and confirm dispatch or supply to you.
4. Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because we can't verify your age (where the product is age-restricted), because you are located outside the UK, as stated on our website, and in our marketing or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
5. Unless we agree otherwise, we charge you when you order
However, for some products we take payment at regular intervals, as explained to you during the order process. If your product is goods, you will own it once we have received payment in full. Where you have a credit account with us, we will invoice after dispatch and payment is within 20 days of the date of the invoice.
6. If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7. We charge interest on late payments
If you are a business and we're unable to collect any payment you owe us we charge interest on the overdue amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. You pay us the interest together with any overdue amount.
If you are a consumer and we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
8. We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
9. We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
10. Products can vary slightly from their pictures
Some of our product may not exactly match images shown on your device or in our marketing/website or its packaging may be slightly different.
11. You're responsible for making sure your specifications are accurate
If we're making or supplying any product to a specification you provide, you're responsible for making sure those specifications are correct.
12. We charge you if you don't give us information we need or do preparatory work as agreed with us
We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery as agreed with us. For example, we might need to re-deliver on another vehicle or reschedule services.
13. If you are a consumer and you bought online, or over the telephone, you have a legal right to change your mind plus additional rights under our guarantee
13.1. Your legal right to change your mind. For most of our products bought online, or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
13.2. When you can't change your mind. You can't change your mind about an order for:
- services, once these have been completed;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- goods that are made to your specifications or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
13.3. The deadline for changing your mind.
If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product(s)
If the product(s) are for regular delivery (for example, a subscription), you can only change your mind after the first delivery.
If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
13.4. How to let us know. To let us know you want to change your mind, contact our Customer Service Team.
13.5. You have to return the product at your own cost. If your product is goods you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost unless we offered free returns when you bought the goods. You can:
- bring the product to our store. You will need your email receipt and the card you paid with.
- send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, contact our Customer Service Team.
13.6. We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
13.7. We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund.
13.8. When and how we refund you. If your product is goods that you're sending back to us, we will refund you or credit you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
14. You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for regular deliveries of goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team.
You have rights if there is something wrong with your product
14.1. Return the product to us. If you think there is something wrong with your product, you must either bring it into one of our stores or contact our Customer Service Team.
14.2. Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
14.3. Your rights if you are a business. We warrant that on delivery, any products which are goods shall:
- conform with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
14.4. Your remedies if you are a business. Unless an exception applies (see clause 14.5) if:
- you give us notice in writing during the Warranty Period within a reasonable time of discovery that a product does not comply with the business customer warranty (see clause 14.3);
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
14.5. Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if:
- you make any further use of such product after telling us it is non-compliant;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises because we followed any drawing, design or specification supplied by you;
- you alter or repair the product without our written consent; or
- the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
15. We can change products and these terms
15.1. Changes we can always make. We can change a product:
- to reflect changes in relevant laws and regulatory requirements; and
- to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product.
16. We can suspend supply (and you have rights if we do)
16.1. We can suspend the supply of a product. We do this to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product (see We can change products and these terms).
16.2. We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than 3 months you can contact our Customer Service Team to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
17. We can withdraw products
We can stop providing a product. We let you know at least 1 month in advance and we refund any sums you've paid in advance for products which won't be provided.
18. We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
- you don't make any payment to us when it's due and you still don't make payment within 30 days of our reminding you that payment is due;
- you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
- you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product ("click and collect") but you don't do this within 14 days of any agreed collection date then (unless the product is made to your specifications or is clearly personalised) we may treat your order as cancelled and refund the purchase price as set out above.
19. We don't compensate you for all losses caused by us or our products
PLEASE READ THIS SECTION CAREFULLY
19.1. Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in clause 22.2 to businesses.
19.2. Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid for the products you have purchased.
19.3. Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
19.4. No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
21. You have several options for resolving disputes with us
21.1. Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products.
21.2. Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. When you submit a complaint to us, we may recommend engaging with an independent body to resolve the complaint.
21.3. You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
22. Other important terms apply to our contract
22.1. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll contact you to let you know if we plan to do this. If you're a consumer and you're unhappy with the transfer you can contact our Customer Service Team to end the contract and we will refund you any payments you've made in advance for products not provided.
22.2. You can only transfer your contract with us to someone else if we agree to this.
22.3. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
22.4. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
22.5. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Last Updated: 21 October 2022