This website is operated by Joy to Create. Throughout the site, the terms “we”, “us” and “our” refer to Joy to create. Joy to Create 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 stated here.
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 or qualification users who are browsers, vendors, customers, merchants, and/ or contributors of content. None of our Terms of Service affects your statutory rights as a consumer. Should you have any questions relating to these Terms of Service please contact our team before making a purchase by e-mailing email@example.com or call us on 02392 570890 between 9am – 5.00pm Monday – Friday. If we are unable to pick up your call please leave a message. We do our best to make sure you enjoy trading with us, if you have any suggestions or comments please email us on firstname.lastname@example.org
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 which 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.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you warrant that you are are at least 18 years of age 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
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 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 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products but must be accepted as a likeness since photographic reproduction and different visual display systems will vary. It is also important to ensure you have ordered sufficient fabric for your project as we cannot guarantee an exact colour or pattern match for future purchases. 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, or that any errors in the Service will be corrected.
SECTION 6 - BUYING FROM US
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We offer two secure payment gateways: Sagepay and Paypal through Sage Pay. Joy to Create does not store any card data on their systems. We accept payment by most major cards including: Visa, Mastercard, Maestro, Delta and by Paypal, however we do not accept American Express cards. It is important that the correct card or Paypal account details including the registered cardholder’s address are verified.
If you are shopping from outside the U.K. your credit card company will convert the transaction to your own currency. You can also place an order and pay over the phone using a card or by sending a cheque in which case the cheque must clear before goods are dispatched. In most cases the address you insert will be that to which the credit card being used is registered. If you choose to insert an address other than that to which the card is issued Sage Pay will ask your card issuer for a risk rating, advising as to the risk of a fraudulent transaction. Joy to Create will either choose to proceed with the order or cancel depending upon this risk rating. Payment in GBP (£) is taken at the time of placing your order.
We will send you an e-mail confirming receipt and that your order is being processed. All offers are subject to availability. We reserve the right to change prices without notice. If a price has changed we will notify you before dispatching your order. Orders being shipped to countries outside the EU may incur customs duties and charges when they are imported. Please be aware that we will not be responsible for customs processing or any charges.
We strongly advise that you confirm any such charges before making a purchase. As we process your order (the next working day after it was placed), we will inform you by e-mail if any items you order turn out to be unavailable. If this is the case we will ask you if you would like us to place your order on backorder or if you would like it cancelled. Should the price have changed since you placed your order we will advise you and give you the opportunity to cancel the order should you prefer.
SECTION 7 - SECURITY
Joy to Create has chosen Sage Pay as their Payment Service Provider. Sage Pay is the largest independent payment service provider (PSP) in the UK and Ireland. They provide a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way.
Sage Pay uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards. Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits.
They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable. Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation. In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.
SECTION 8 - 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.
For more detail, please review our Returns Policy.
SECTION 9 - DELIVERY DETAILS
All deliveries are made from Joy to Create or one of our supplier partners in the United Kingdom. We try our best to deliver all items as quickly as we can and subject to manufacturers availability, normally within 3-5 days or 5-10 days for larger items such as sewing machines. However, please allow up to 14 working days for your order to reach you. Horn furniture is delivered and assembled by a Horn technician and deliveries are typically within 6 weeks of order, however, customers are contacted to verify correct sizing and compatibility and also advised of delivery.
We will work as quickly as possible at peak times but please be patient particularly around Christmas and during other major events. If an item becomes out of stock we can either place the goods on backorder or refund you if preferred. Most deliveries are made via Royal Mail, Parcel Force or a courier and large items will require a signature on delivery.
European orders: Please allow up to 10 working days for orders to arrive.
Rest of the world: please allow up to 28 working days for orders to arrive
Delivery charges UK.
Order value under £20 - £1.95
Order value under £50 - £3.95
Order value over £50 Free
Delivery charges European countries and rest of the World.
Please note we are unable to supply Sewing machines outside the UK. In order to maintain the lowest delivery prices we will calculate costs based on shipping weight and advise you before the payment is taken. Please note we do not take responsibility for import taxes or duty imposed by local customs authorities when your order is imported. We strongly advise that you confirm these costs before placing any orders.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example 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, social media or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, 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, libelous, 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 libelous 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 13 - PERSONAL INFORMATION
SECTION 14 - 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 15 - USE OF JOYTOCREATE.COM
You may not copy, reproduce, re-publish, download, post, broadcast, transmit, make available to the public, or otherwise use joytocreate.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or recreate work from any joytocreate.com content except for your own personal, non-commercial use. Any other use of joytocreate.com content requires the prior written permission of Joy to Create. The names, images and logos identifying Joy to Create, joytocreate.com or third parties and their products and services are subject to copyright, design rights and trade marks of Joy to Create and/or third parties. Nothing contained in these terms shall be construed as conferring by implication or otherwise any licence or right to use any trademark, patent, design right or copyright of Joy to Create, joytocreate.com or any other third party.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of service, You agree to use joytocreate.com in a way that does not infringe, restrict or inhibit the rights of anyone’s use of joytocreate.com. Prohibited behaviour includes 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 governmental, 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.
SECTION 17 - INTELLECTUAL PROPERTY
The names, images and logos identifying Joy to Create, joytocreate.com or third parties and their products and services are subject to copyright, design rights and trade marks of Joy to Create and/or third parties. Nothing contained in these terms shall be construed as conferring by implication or otherwise any licence or right to use any trademark, patent, design right or copyright of Joy to Create, joytocreate.com or any other third party.
SECTION 18 - 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.
In no case shall Joy to Create, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Joy to Create and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal 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 20 - 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 21 - 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 22 - 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 23 - 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 England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
SECTION 24 - 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 25 - WEEE REGULATIONS
The Waste Electrical and Electronic Equipment (or WEEE) Regulations are now U.K. law. All European member States including the U.K. have agreed to reduce the amount of WEEE that is being disposed of in landfill sites. It is important that the amount of WEEE sent to landfill sites is reduced because: Some WEEE can be re-used or recycled. The amount of landfill space available in the UK is decreasing. If we can keep WEEE out of landfill sites it means there is more landfill space available for non-recyclable waste. WEEE can contain hazardous substances. When left in landfill sites the hazardous substances in WEEE can pollute soil and contaminate water supplies. This contamination can damage human health and the environment. Distributors of new Electric and Electronic Equipment (or EEE) have a part to play in reducing the amount of WEEE going into landfill sites. Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol.
Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled. Joy to Create are obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when you buy from us a new Electrical or Electronic product. As an example if a customer bought a new Pfaff sewing machine from us we would accept their old sewing machine back and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us at their expense within 28 days of purchasing their new item.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.