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GENERAL TERMS AND CONDITIONS (GTC)

USE OF THE CHERRYDECENA SITES

By using the cherrydecena sites you agree to be bound by these Terms and Conditions. The cherrydecena sites are made up of a number of sites, including for example, www.cherrydecena.com, www.cherrydecena.co.uk, www.cherryhealthcare.org.uk, http://mischiefcherry.livejournal.com, http://www.myspace.com/cherrydecena, including sponsored sites such as www.kevin-west.com, www.krazymotors.com,  and http://www.cherrydphotography.com/. These Terms and Conditions govern your use of the cherrydecena sites and Online Stores and all services provided in connection with these. If you disagree with the terms, you may cease to use any of the services offered by cherrydecena.

These Terms and Conditions do not affect your statutory rights.

BOOKSHOP LIMITATION OF LIABILITY

At all times our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and you will be officially charged for your order.

All offers are subject to availability and while stocks lasts.

cherrydecena shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any item(s) or any failure or inability of a customer or household to use an item or items for any reason.

Images, unless otherwise noted, were taken from the Internet and are assumed to be in the public domain. In the event that there is still a problem or error with copyrighted material, the break of the copyright is unintentional and noncommercial and the material will be removed immediately upon proof.

SHIPMENTS

For shipments outside the UK, please contact Cherry (cherry@cherrydecena.com) first before buying for alternative shipping arrangements.

SHIPPING POLICY

The standard postage and packing (P&P) fee is £2.50 for one regular paperback book. This standard rate applies to all items, unless otherwise specified with that item, i.e., large hardback with bigger bulk and weight.

Please make sure that you choose the correct shipping charge otherwise your order cannot be processed due to insufficient shipping payment.

Item(s) will be mailed straight away from the UK. Standard target time is within 48 hours.

For items which are not paid on the day of purchase, will be mailed as soon as payment is received. cherrydecena reserves the right to withdraw item without prior notice if it is no longer available before payment is received. cherrydecena will not take payment if the item is no longer available.

PAYMENTS

PayPal payment is preferred.

To pay by cheque - please make cheque(s) payable to Cherry Decena. Accepts cheques in sterling pounds only. Please note that cheques may take several banking days to clear, depending on your bank's clearing time. Item(s) will be mailed as soon as payment is received. Item(s) will be put on reserved status so that it will not be sold to anyone else whilst awaiting clearing time of the cheque.

EXPIRY DATE ON PAYMENT CARD(S)

Please ensure that the expiry date of your payment card is after the anticipated dispatch date of your order. For orders in which payment is taken at the point of dispatch of goods and in the event that the payment card has expired we will be unable to take payment and fulfill your order.

PAYPAL

PayPal users are also bound by the PayPal Terms and Conditions.

RETURNS POLICY

Email us at orders@cherrydecena.co.uk for any problems with your order and/or to return item(s) within 7 days from date of purchase for a full refund. Item(s) being returned must be in its original state/condition as when it was purchased, saleable, returned within 7 days, in its original packaging and with the "reason for return" filled-in at the bottom of the receipt with the item.

You may return defective item(s) for a full refund. You must include the original packing slip and description of the defect with the returned item(s). It may take up to 20 days for your return to process.

Refund comes in the form of a cheque in the buyer's name in sterling pounds only. Cheque will be mailed to the buyer's address only, upon receipt of returned item(s). Apologies for being unable to mail refund cheques to any other address(es) other than the one provided by the buyer at the point of purchase. It is strongly suggested to mail back any item using a signed for or registered postal service for evidence in case of dispute. Please keep the receipt of mailing back of item until the issue is resolved.

REFUND POLICY

Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.

Refund(s) come in the form of cheque in the buyer's name in sterling pounds only. Cheque will be mailed to the buyer's address only. Apologies for being unable to mail refund(s) to any other address other than the one provided by the buyer at the point of purchase.

For refunds that come under the Returns Policy, please refer to the Returns Policy.

CANCELLATION POLICY

You may cancel an order only if the order has not yet been processed. In Stock orders ship out within 48 hours. If your order has already been processed you will have to process a return.

Please email your cancellation notice to orders@cherrydecena.co.uk to inform us of the cancellation. Cancellation process will begin as soon as the notice is received. You will get an email reply to your notice to the email address you used to notify us, for the status of the cancellation.

SHOP PICTURES

Please note that the pictures used to represent the item(s) in the shop may not exactly match the item(s) available. Please email us (orders@cherrydecena.co.uk) for any queries.

GIFTSHOP

Please note that the Giftshop has been discontinued. As of the 27th of December 2008, the Giftshop service will no longer be available.

CHERRYD SHOP

Please note that your product bought at the CherryD Shop is sold and shipped by cafepress.co.uk. It is only the design that is created by cherrydecena. cherrydecena reserves the right to the intellectual property rights to the cherrydecena designs. No cherrydecena design shall be altered/modified nor used for any commercial, promotional or any other purposes other than the use meant by CherryD Shop without permission from cherrydecena.

By using the CherryD Shop you are agreeing to the cafepress terms and conditions.

It was set-up mainly to assist friends and customers to get hold of products with cherrydecena designs.

The CherryD Shop is also governed in conjunction with the Terms and Conditions of cafepress.com. In view of this, the Shipments, Shipping Policy, Payments, Returns Policy, Refund Policy and Cancellation Policy of cherrydecena do not apply to the CherryD Shop. If you have any queries regarding your CherryD Shop purchase, please go directly to the cafepress Customer Service (http://help.cafepress.com/hc/s-74058960/cmd/kbresource/kb-6725053487011191197/front_page!PAGETYPE?VisitorProfile=cafepress). To return a product, please go to the Return Request page (http://www.cafepress.com/cp/info/help/returnrequest.aspx) of cafepress. Also check the Privacy Policy (http://www.cafepress.com/cp/info/help/privacy_policy.aspx) of cafepress as the Privacy Policy of cherrydecena does not apply here. If you have any concerns relating to the Privacy Policy, please contact cafepress at privacy@cafepress.com

To go to cafepress, please click here. Contact details for cafepress is as follows:

Corporate Headquarters
CafePress.com
1850 Gateway Drive, Suite 300
San Mateo, California 94404
Phone: 650-655-3000
Toll Free: 877-809-1659
Fax: 650-655-3002
Email: info@cafepress.com
URL: http://www.cafepress.com

Press & Analyst Contact
CafePress.com Public Relations
1850 Gateway Drive, Suite 300
San Mateo, California 94404
Phone: 650-655-3039
Email: pr@cafepress.com

Customer Service
Customer Service Department
1850 Gateway Drive, Suite 300
San Mateo, California 94404

Cafepress is a US-based company, therefore, conversion to (GB) sterling pounds or any other currency is based on the daily currency exchange rate. This may cause the prices to fluctuate.

PRIVACY POLICY

SHOP

Contact information including email addresses, telephone numbers, postal addresses, etc., which is provided by the user is used solely for the purpose of completing the shop order as applicable. This includes information pertaining to gift recipients. Financial information including credit card numbers, expiration dates, billing addresses is used solely to bill the customer for their order. cherrydecena does not share this information with outside parties except to the extent necessary to complete that order and/or in accordance to the refunds policy and/or as the law dictates.

MEMBERSHIP(S) / SUBSCRIPTION(S)

For information given for membership(s) and/or to subscribe to cherrydecena sites and services will only be used as intended for membership and/or subscription purposes. Information will never be shared with third parties nor for spam, illegal and/or unsolicited mailings.

GENERAL PRIVACY

Some pages on the cherrydecena sites include links to third party websites. These sites are governed by their own privacy statements, and cherrydecena is not responsible for their operations, including but not limited to their information practices. Users submitting information to or through these third party websites should review the privacy statement of these sites before providing them with personally identifiable information.

PRIVACY SUPPORT

For any concerns, please email the Support Team at support@cherrydecena.co.uk. If you have any knowledge or suspicion regarding a violation of the Terms and Conditions, i.e., Privacy Policy, please contact the Support Team as soon as possible.

SPECIAL NOTE ABOUT CHILDREN

Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal identifiable information to us or use the service.

COPYRIGHT INFRINGEMENT

cherrydecena will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to any of the cherrydecena sites. This policy shall cover all aspects of cherrydecena, including but not limited to user book reviews, chats, blogs, society pages, any user forums and/or any Community Site as defined by the Use of Community Sites section.

Procedures for Reporting Copyright Infringements:

Submit a Notice of Copyright Infringement containing the following information:

· Identification of material being infringed
· The location of the infringements being committed (location of the infringing material)
· The location of the infringed material (the original material's location)
· Who is complaining
· How he/she may be contacted
· A statement of Good Faith Belief that the material is infringing

Send the Notice of Copyright Infringement to the following Designated Copyright Infringement Agent for cherrydecena:

Copyright Agent of cherrydecena, Cherry House, Queen Street, Pentre, RCT CF41 7HS, UK

Once the Notice of Copyright Infringement is received, the following actions will be taken:

· First attempt at resolution to be mediated and/or initiated by cherrydecena
· A statement that the user has a good faith belief that the removal was a result of misidentification on our part
· A complete listing of the user's contact information
· A consent to jurisdiction in Her Majesty's Court

If there is a failure to resolve the copyright infringement issue(s) after the initial resolution attempt, the following actions will occur:

· Submission to jurisdiction in Her Majesty's Court

If this counternotice is received by the cherrydecena Copyright Agent, a copy of the counternotice will be sent to the original complaining party. The user's material and/or access will be restored in 10-14 days unless the cherrydecena Copyright Agent is informed that a lawsuit has been filed over the infringing material.

To the extent possible, repeat offenders will be removed permanently from the system and/or access denied to cherrydecena services and sites.

Consider this policy as notice for possible court copyright infringement proceedings for offenders and possible offenders.

INTELLECTUAL PROPERTY

The content of the cherrydecena sites are protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the cherrydecena site on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and propriety notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the cherrydecena sites without written permission from cherrydecena.

No license is granted to you in these Terms and Conditions to use any trade mark of cherrydecena or its affiliated companies.

LIMITATIONS

You may not use cherrydecena sites for any of the following purposes:

· disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
· transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
· gaining unauthorized access to other computer systems, copyrighted materials, financial information, protected data or otherwise access is not meant to be permitted
· interfering with any other person's use or enjoyment of the cherrydecena sites
· breaching any laws concerning the use of public telecommunications networks
· interfering or disrupting networks or web sites connected to the cherrydecena sites
· making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

cherrydecena reserves the right to refuse to post material on the cherrydecena sites or to remove any material already posted on the cherrydecena sites.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlement agreed by us arising out or in connection with:

· any claim by any third party that the use of the cherrydecena site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
· any claim by any third party that the use of the cherrydecena site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
· any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the cherrydecena sites by you.

AVAILABILITY OF THE CHERRYDECENA SITES

Although cherrydecena aims to offer you the best service possible, cherrydecena makes no promise that the services at the cherrydecena sites will meet your requirements. cherrydecena cannot guarantee that the service will be fault free. If a fault occurs in the service, you should report it to the Customer Services (see below for contact details) or by email at support@cherrydecena.co.uk and we will attempt to correct the fault as soon as we reasonably can.

Your access to the cherrydecena sites may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. cherrydecena will attempt to restore the service as soon as it reasonably can.

NOTIFICATION OF CHANGES

The cherrydecena Terms and Conditions may be revised over time as new features are added to the cherrydecena service as we incorporate suggestions. We may amend these Terms and Conditions at any time by posting a revised version on our websites. The revised version will be effective at the time of posting. The changes will apply to the use of the cherrydecena sites after posting said changes. You will be deemed as having expressly consented to all amendments to the Terms and Conditions by virtue of using our services. If you do not wish to accept the new Terms and Conditions you should not continue to use the cherrydecena site, the Online Stores and related services. If you continue to use the cherrydecena sites, this indicates your agreement to be bound by the new Terms and Conditions.

CHERRYDECENA'S LIABILITIES

The cherrydecena sites are provided by cherrydecena without any warranties or guarantees. You must bear the risks associated with the use of the internet.

The cherrydecena sites provide content from other Internet sites or resources and while cherrydecena sites endeavours to ensure that material included on the cherrydecena sites are correct, reputable and of high quality, it cannot accept responsibility if this is not the case. cherrydecena will be responsible for any errors of omissions or for the results obtained from the use of such information or for any technical problems you may experience with the cherrydecena sites. If cherrydecena is informed of any inaccuracies in the material on any of the cherrydecena sites we will attempt to correct any inaccuracies as soon as we reasonably can.

In particular we disclaim all liabilities in connection with the following:

· incompatibility of the cherrydecena sites with any of your equipment, software or telecommunications links
· technical problems including errors or interruptions of the cherrydecena sites
· unsuitability, unreliability or inaccuracy of the cherrydecena sites
· inadequacy of the cherrydecena sites to meet your requirements

To the full extent allowed by applicable law, you agree that cherrydecena will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the cherrydecena sites.

IMAGES

Images, unless otherwise noted, were taken from the Internet and are assumed to be in the public domain. In the event that there is still a problem or error with copyrighted material, the break of the copyright is unintentional and noncommercial and the material will be removed immediately upon proof.

THIRD PARTY WEBSITES

As a convenience to cherrydecena sites visitors and customers, the cherrydecena sites include links to other web sites or materials which are beyond the control of cherrydecena. cherrydecena is not responsible for the content on the Internet or World Wide Web pages or any other sites outside the cherrydecena sites.

ADVERTISING AND SPONSORSHIP (Ad T&C)

Part of the cherrydecena sites may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that materials submitted for inclusion on the cherrydecena sites complies with relevant laws and codes. cherrydecena will not be responsible for any error or inaccuracies in advertising and sponsorship materials.

Any advertising or sponsorship content(s) displayed in any of the cherrydecena site(s) does not represent cherrydecena. Advertising and sponsorship content(s) are solely the view or opinion of the advertiser or sponsor and does not reflect the opinion or view of cherrydecena.

Advertising and sponsorship is subject to acceptance and Terms. By submitting your material for advertising and/or sponsorship with us, you have agreed to the Terms and Conditions. Furthermore, you have agreed that your advertising or sponsorship material does not contain any of the following:

· any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
· material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
· gaining unauthorized access to other computer systems, copyrighted materials, financial information, protected data or otherwise where access is not meant to be permitted
· breaching any laws concerning the use of public telecommunications networks
· materials protected by copyright without the permission of the owner
· material which does not agree with any of the Terms and Conditions with the use of the cherrydecena sites and services.

ADVERTISING SUPPORT

If you have any concerns regarding the content of an advertising or sponsorship, please email the Support Team at support@cherrydecena.co.uk.

For more information regarding advertising and/or sponsorship with cherrydecena, please email the Advertising Team at ads@cherrydecena.co.uk.

APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the Welsh courts.

INTERNATIONAL USE

cherrydecena makes no promise that materials on the cherrydecena sites are appropriate or available for use in locations outside the United Kingdom, and accessing the cherrydecena sites from territories where its content are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and you are responsible for the compliance with the local laws.

USE OF COMMUNITY SITES

Each Community Site on the cherrydecena sites (together the "Community Sites") that may allow users to interact with each other via message boards, blogs, society pages and other user forums. We advise you not to post or in anyway reveal any of your personal details on the Community Sites (for example, your address and telephone numbers).

You may not use any of the Community Sites for any of the following purposes:

· disseminating any unlawful, harassing, libellous, defamatory, racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
· transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
· transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters, or "spam"
· gaining unauthorized access to other computer systems
· interfering with any other person's use or enjoyment of the Community Sites
· making or transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
· impersonating another person
· referring to specific website addresses outside of cherrydecena sites
· advertising

cherrydecena reserves the right to refuse to post material, to remove material already posted on the Community Sites and to contact you in the event that there are concerns about the content you have added to a Community Site. cherrydecena may review or edit the content of the Community Sites. Therefore, if you have concerns about any of the content(s) of the Community Sites, you should contact cherrydecena by emailing us at support@cherrydecena.co.uk. The relevant content may be removed from the Community Sites. If we believe that any material placed on the Community Sites is unlawful, we may contact the relevant authority.

cherrydecena makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards, blogs and/or society pages by third parties. You are solely responsible for the content of your messages posted and the views expressed by individuals do not represent the views of cherrydecena.

You will be responsible for:

· any claim by any third party that the use of the Community Sites by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice
· any claim by any third party that the use of the Community Sites by you infringes that third party's copyright or other intellectual property rights of whatever nature
· any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Community Sites by you.

By submitting material you are granting cherrydecena a perpetual, royalty-free, non-exclusive license to reproduce, modify, translate, make available, distribute or sublicense the material in whole or in part and in any form.

You will be responsible for our losses and costs resulting from your breach of these Community Sites Terms and Conditions.

To report concerns relating to the Community Sites, please email support@cherrydecena.co.uk. For any copyright infringement issues, please refer to the Copyright Infringement section.

MEMBERSHIP/SUBSCRIPTION POLICY

Information provided for the purposes of subscribing to the cherrydecena sites and services will only be used as intended for membership and/or subscription purposes which includes the following:

· provide the member and/or subscriber with access to cherrydecena sites and services
· provide the member and/or subscriber with information "for fun" as part of cherrydecena services, i.e., newsletter (where applicable)
· information will not be shared with third parties nor for spam, illegal and/or unsolicited mailings.

Upon application for membership and/or as subscriber, an email verification will be sent to the email address that you provided. Your account will be activated as soon as an email confirmation is received as applicable.

If you are experiencing problems with your account, accessing your account or any queries, please contact the Support Team at support@cherrydecena.co.uk. If you have any concerns regarding a violation of the Terms and Conditions, i.e., Privacy Policy, please contact the Support Team as soon as possible.

Please see our Privacy Policy for the use of information. We operate on a non-third party usage of your information.

By clicking the submit button, you are agreeing to the General Terms and Conditions.

CHERRYD PHOTOGRAPHY

By accepting the free photographer services from CherryD Photography you (the client) are expressly agreeing to:

Participate in promotional schemes by CherryD Photography (if any).
The pictures generated by the photo shoot will be of joint ownership between the client and CherryD Photography. Furthermore, the client agrees to give CherryD Photography the right to use of the pictures in any manner.
The client agrees to CherryD Photography's right to store the pictures in any manner or form.
The client agrees to the use of his/her name and pictures for promotional schemes by CherryD Photography (if any).

Images, unless otherwise noted, were taken from the Internet and are assumed to be in the public domain. In the event that there is still a problem or error with copyrighted material, the break of the copyright is unintentional and noncommercial and the material will be removed immediately upon proof.

MISCELLANEOUS

We reserve the right to vary or terminate the operation of any cherrydecena service at any time without notice.

The failure of cherrydecena to take any action in respect of a breach of these Terms and Conditions shall not constitute a waiver of their enforceability. cherrydecena reserves its rights in respect of these Terms and Conditions.

cherrydecena shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

Images, unless otherwise noted, were taken from the Internet and are assumed to be in the public domain. In the event that there is still a problem or error with copyrighted material, the break of the copyright is unintentional and noncommercial and the material will be removed immediately upon proof.

SUPPORT

For concerns please email us at support@cherrydecena.co.uk. Or you can use the form in the Contact Me page to get in touch with us.

Allow us the chance to make things right.

CONTACT INFORMATION

T: 07593073018 (UK) [00 44]

F: 01443 434255 (UK) [00 44]

w: cherrydecena.com

e: cherry@cherrydecena.co.uk  (to contact Cherry)

admin@cherrydecena.co.uk  (general enquiries)

support@cherrydecena.co.uk  (Customer Support Team)

links@cherrydecena.co.uk  (link exchange)

orders@cherrydecena.co.uk  (Sales Team)

ads@cherrydecena.co.uk  (Advertising Team)

bookquery@cherrydecena.co.uk  (for book enquiries)

tc@cherrydecena.co.uk  (for terms and conditions issues)

reviewer@cherrydecena.com  (for correspondence with reviewer contributors)

publisher@cherrydecena.com  (for correspondence with publishers)

author@cherrydecena.com  (for correspondence with authors)

VAT Registered address: Cherry House, Pentre CF41 7HS, UK. VAT Registration Number : 931 3738 27.

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