Terms & Conditions
Blackburns of Bolton Ltd T/A Click to Create ("Click to Create")
Welcome to Click to Create. Click to Create provides members a fun, safe and easy way to order merchandise on line. However, before you enter the Click to Create site (the "Site") or use any of the Click to Create services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always prevail. We suggest that you periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and Click to Create that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at info@blackburns.co.uk. Your use of the Site and its services (together, the "Service") is entirely conditional on and subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to access the Site or use the Service.
I. Terms of Membership Click to Create membership (referred to as "Membership") is available to you if you are over 18 years of age and you submit certain requested information to Click to Create, including (but not limited to) your name and correct email address. In addition, by becoming a Member, you agree to provide Click to Create with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests). Refer to “Privacy Policy” for further information. If you are under 18 years of age you may only use the Site in conjunction with and under the supervision of a parent or guardian.
Before you can purchase your items, we will ask you to provide a valid credit or debit card number and related details (including expiry date, security code and billing address). Regardless of age, a Member who is not the credit or debit cardholder must obtain the permission of the cardholder before purchasing from the Site.
A condition of Membership is your "Active Participation" in the Service. Active Participation is defined as purchasing merchandise (including reprints) through the Service at least once every 400 days. If your Member account is inactive for a period of over 400 days, Click to Create may terminate your Membership (or any part thereof) or use of the Service, and remove and discard any content, including but not limited to any and all information, communications, postings, order history or any other content within the Service. Please refer to “Termination” for more terms affecting your Membership.
If you place an order with Click to Create the acceptance of the same by us will bring into existence a legally binding contract.
II. Order History Storage As long as you are an active participant in the Service, Click to Create offers free, unlimited storage of your online order history. See the section "Terms of Membership" for more information on maintaining an active Membership. Please refer to "Termination” for more terms affecting the storage of your order history.
III. Member Conduct We are committed to ensuring that our Service remains a fun and safe place to shop. Members are encouraged to use the Service to post personalised data and comments (the "Content"). To this end, we require that every user of the Service, whether or not such user is a Member, agrees not to use this Service to upload, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:
a. Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others.
d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Click to Create Service.
e. Content that advocates illegal activity.
f. Content that harms minors in any way.
g. Any links to the above. Click to Create has the sole discretion to determine whether the Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although Click to Create does not and will not examine and review all Content submitted or transmitted to the Service, Click to Create has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.
Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all Content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any Content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure. Finally, you acknowledge that Click to Create in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall Click to Create (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.
You agree to indemnify Click to Create for any losses sustained in accordance with the provisions at VII and VIII below.
IV. Prices and Delivery The price shown for your merchandise excludes postage. The charges for postage are shown before you are asked to confirm the order and will depend on the delivery destination. The price you pay includes VAT at the appropriate rate. Your goods will be delivered via recorded delivery (signed for) post within 10 days of your order confirmation.
V. Complaints and Returns We hope you will be happy with the Service and with your merchandise. If you are not you can write to us at Click to Create, Blackburns of Bolton Ltd, Unit H, Lecturers Close, Bridgeman Street, Bolton, BL3 6DG. If your complaint is about your merchandise you must return it to the above address within 30 days for it to be inspected. If your claim is valid then we will replace your merchandise at no extra cost to you.
VI. Privacy Policy We respect your privacy and have taken specific steps to protect it. Blackburns of Bolton Ltd T/A Click to Create is registered under the Data Protection Act. We will only use data we collect about you lawfully in accordance with the Data Protection Act.
The personal information which we will hold about you on secure servers will be accurate and up to date. We do not have access to your credit or debit card details as when you pay for your order you are taken to the separate secure ePayments pages.
You can check the information we hold about you by contacting Click to Create, Blackburns of Bolton Ltd, Unit H, Lecturers Close, Bridgeman Street, Bolton, BL3 6DG.
VII. Copyright
What You License to Click to Create
When you join our Service, you become a participant in an online community of people who enjoy shopping on line . In order for us to make your personalised data available to you and your invitees, as well as to use your data to offer you our special variety of online services, we need the rights to make use of all Content on the Service (in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant Click to Create a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Service by you, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the Service, and as a condition to Membership, you represent and warrant to Click to Create that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content.
Copyright Protection for Content on the Service
All the information, Content, image files, software and materials offered by our Service are protected by U.K. and international copyright laws and by other applicable laws. You understand that Click to Create is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Click to Create has the absolute right to terminate your membership or exclude you from the Site if you use our Service to violate the intellectual property rights of third parties.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Click to Create has a process in place to respond to your concerns. Please see “How To Contact Us About Copyright Infringement Claims”
VIII. Indemnity YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CLICK TO CREATE. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LAWYERS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
IX. Limited Warranty
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN THE EVENT THAT YOUR GOODS ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT RETURNED, CLICK TO CREATE'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR CLICK TO CREATE TO REPLACE YOUR MERCHANDISE AT NO EXTRA COST.
(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, CLICK TO CREATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLICK TO CREATE MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. CLICK TO CREATE MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH CLICK TO CREATE'S SITE OR THAT ARE ADVERTISED ON CLICK TO CREATE'S SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
X. Limitation of Liability YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, CLICK TO CREATE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
XI. Termination You agree and acknowledge that Click to Create, in its sole discretion, may terminate your Membership (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by Click to Create elsewhere on the Site;
b. Conduct that Click to Create believes is harmful to other Click to Create users, the business of Click to Create, or other third party information providers;
c. Failure to continue Active Participation; and
d. Conduct that violates the letter or spirit of these Terms.
Further, you agree that Click to Create shall not be liable to you or any third-party for any termination of your access to the Service.
XII. Jurisdiction These Terms and Conditions Shall be governed by the laws of England and be Subject to the exclusive jurisdiction of the English Courts
XIII. Modification of Terms You agree that Click to Create reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Click to Create shall be prospective only.
XIV. Entire Agreement These Terms constitute the entire agreement between you and Click to Create and govern your use of the Service, superseding any prior agreements between you and Click to Create. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.
The failure of Click to Create to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XV. Reporting Violations You can report abuse of these Terms to info@blackburns.co.uk.
XVI. No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the service, or access to the Service for any commercial purposes.
How to Contact Us About Copyright Infringement Claims
If you believe your copyright or the copyright of another has been infringed on the Service, please provide Click to Create with a written notice containing the following information:
1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Claims of infringement by the Service should be addressed to Click to Create, Blackburns of Bolton Ltd, Unit H, Lecturers Close, Bridgeman Street, Bolton, BL3 6DG.
Telephone number: +44 (0) 1204 532121