Terms & Conditions
1.1 These terms constitute a legal document ("the Agreement") which sets out the rights and obligations of you as a purchaser ("you"), and those of SmartDreamers Productions Ltd ("SmartDreamers Productions Ltd", "we" or "us"), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering for SmartDreamers Productions Ltd services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being the "Registration Data"); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SmartDreamers Productions Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SmartDreamers Productions Ltd has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the SmartDreamers Productions Ltd site (or any portion of it).
2. Place of performance and applicable law.
SmartDreamers Productions Ltd is the trading name for SmartDreamers Productions a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. SmartDreamers Productions Ltd makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with SmartDreamers Productions Ltd ("the Pre-contract Notice"). The Pre-contract Notice contains important information such as a description, price (including export taxes) and delivery charges of the good or services ordered. SmartDreamers Productions Ltd suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 SmartDreamers Productions Ltd will not be obliged to supply the goods or services submitted in your order until you have received an e-mail from SmartDreamers Productions Ltd accepting your order ("Order Confirmation"). However, in the event the goods or services are listed on SmartDreamers Productions Ltd site at an incorrect price due to typographical error or error in pricing information received from its suppliers but SmartDreamers Productions Ltd have accepted your order before the discrepancy is noticed, SmartDreamers Productions Ltd shall e-mail you to ask whether you are willing to pay the correct price for the goods or services ordered. If you are unwilling to pay the correct price SmartDreamers Productions Ltd reserves the right to cancel the contract immediately without any liability to you.
3.3 [If SmartDreamers Productions Ltd exercises its right under clause 3.2 to cancel a contract it will immediately issue a credit to your debit or credit card account if it has already made a charge to your card before cancelling your order.] OR
[SmartDreamers Productions Ltd will not charge your debit or credit card until the goods are despatched to you or it has commenced performance of the services sold to you.]
3.4 [In the event that the goods ordered by you are not available SmartDreamers Productions Ltd reserves the right to provide you with goods of a similar quality and specification and will inform you of such in the Order Confirmation.]
4. Right to cancel
4.1 You have the right to cancel any contract either:
4.1.1 within seven days from the date of delivery if SmartDreamers Productions Ltd has supplied goods to you; or
4.1.2 within seven days from the date SmartDreamers Productions Ltd sent you the Order Confirmation if SmartDreamers Productions Ltd has contracted to supply services to you, provided that SmartDreamers Productions Ltd has not started to provide those services before the expiry of the cancellation period.
4.2 The cancellation notice should be sent by e-mail to SmartDreamers Productions Ltd at [
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
] and must state your name, a description of the goods or services concerned and the contract number of the cancelled contract. Attaching the Order Confirmation SmartDreamers Productions Ltd originally sent you will also assist SmartDreamers Productions Ltd in processing your cancellation as quickly as possible. [The contract number is stated in the Order Confirmation e-mailed to you on SmartDreamers Productions Ltd acceptance of your order.]
4.3 Where SmartDreamers Productions Ltd have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to SmartDreamers Productions Ltd. SmartDreamers Productions Ltd will only accept the returned goods in their original packaging and which do not exhibit signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.
4.4 You must return the goods to SmartDreamers Productions Ltd by registered post or similar within five days (excluding Saturdays, Sundays or Bank Holidays) from the date of the Cancellation Notice. You are responsible for the cost of returning the goods to SmartDreamers Productions Ltd and the risk of damage to the goods in transit. If the goods are damaged in transit SmartDreamers Productions Ltd reserves the right to refuse a refund and it will be your responsibility to seek compensation from the carrier.
4.5 Once SmartDreamers Productions Ltd has received the returned goods and satisfied itself that you have complied with clause 4.3, it will send you confirmation by e-mail that the return of the goods has been accepted by SmartDreamers Productions Ltd and will immediately make a refund of the contract price to your debit or credit card used to purchase the goods.
5. Content
5.1 SmartDreamers Productions Ltd has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, SmartDreamers Productions Ltd disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
5.2 SmartDreamers Productions Ltd shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
5.3 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of SmartDreamers Productions Ltd. When you activate any of these you will leave the SmartDreamers Productions Ltd site and SmartDreamers Productions Ltd has no control over and will accept no responsibility or liability for the material on any site which is not under the control of SmartDreamers Productions Ltd.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of SmartDreamers Productions Ltd.
6.2 Subject to clause 6.1, you agree that SmartDreamers Productions Ltd shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
6.2.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
6.2.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under SmartDreamers Productions Ltd’s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where SmartDreamers Productions Ltd has been advised of the possibility of such loss or damage).
6.3 You also agree that (except in relation to such liability as has been expressly excluded in clause 6.1 above) the maximum aggregate of liability of SmartDreamers Productions Ltd in contract, tort, negligence, statutory duty or otherwise (even where SmartDreamers Productions Ltd has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
6.3.1 any defect in a product;
6.3.2 any failure by SmartDreamers Productions Ltd to process signals, data, information, orders or messages correctly or in a timely manner;
6.3.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
6.3.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 6.3.5 to three times the price of the relevant goods/services. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and SmartDreamers Productions Ltd becomes liable for loss or damage that could otherwise have been limited.
6.4 You agree and acknowledge that you are in a better position than SmartDreamers Productions Ltd to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by SmartDreamers Productions Ltd, and therefore that SmartDreamers Productions Ltd cannot adequately insure in respect of such liability. You warrant to SmartDreamers Productions Ltd that you will insure against, or bear yourself, any loss for which SmartDreamers Productions Ltd has excluded liability.
6.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 6 may not apply to you.
7. Indemnity
Save to the extent that it falls within the provisions of clause 6, you shall indemnify SmartDreamers Productions Ltd and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the SmartDreamers Productions Ltd site or purchase of goods and/or services from that site which are brought or threatened against SmartDreamers Productions Ltd or suffered or incurred by SmartDreamers Productions Ltd by another person or entity.
8. Delivery
Delivery times quoted are estimates only, and SmartDreamers Productions Ltd shall not be liable for any delays caused except to the extent caused wilfully or negligently by SmartDreamers Productions Ltd. However, unless we have agreed a longer period for delivery with you, we will either deliver goods and/or services within thirty days of you placing the order or we will let you know as soon as it will not be possible to meet this obligation. If we do let you know then we will either agree a new time for delivery with you or, at your request, refund any monies paid by you in respect of the delayed goods/services.
9. Matters Beyond our Reasonable Control
SmartDreamers Productions Ltd shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
10. Language
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
11. Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
12. It is assumed that these terms and conditions have been read and accepted prior to any online, telephone or orders by mail being made.
Privacy Policy
PRIVACY POLICY for Smartdreamers Productions
At Smartdreamers Productions we are dedicated to safeguarding and preserving your privacy when visiting our site or communicating electronically with us.
This Privacy Policy, together with our terms of use, provides an explanation as to what happens to any personal data that you provide to us, or that we collect from you.
We do update this Policy from time to time so please do review this Policy regularly.
Information We Collect
In operating our website we may collect and process the following data about you:
1. i. Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.
2. ii. Information that you provide by filling in forms on our website, such as when you registered for information or make a purchase.
3. iii. Information provided to us when you communicate with us for any reason.
Use of Cookies
On occasion, we may gather information about your computer for our services and to provide statistical information regarding the use of our website to our advertisers.
Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer's hard drive. They help us to improve our website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.
Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.
Use of Your Information
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
1. i. To provide you with information requested from us, relating to our products or services. To provide information on other products which we feel may be of interest to you, where you have consented to receive such information.
2. ii. To meet our contractual commitments to you.
3. iii. To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.
If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.
Further, we may use your data, or permit selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented at the time your information was collected.
If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.
If you do not want us to use your data for our or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.
Storing Your Personal Data
We do not store your credit or debit card details.
We may transfer data that we collect from you to locations outside of the European Economic Area for processing and storing. Also, it may be processed by staff operating outside the European Economic Area who work for us or for one of our suppliers. For example, such staff maybe engaged in the processing and concluding of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all reasonable steps to make sure that your data is treated securely and in agreement with this Privacy Policy.
Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.
Disclosing Your Information
Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any).
We may also disclose your personal information to third parties:
1. i. Where we sell any or all of our business and/or our assets to a third party.
2. ii. Where we are legally required to disclose your information.
3. iii. To assist fraud protection and minimise credit risk.
Third Party Links
You mind find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
Access To Information
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details below.
Contacting Us
We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us at
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Delivery Policy
Orders are usually despatched next business day. Within the UK orders are sent via Royal Mail 1st Class delivery, this service generally takes 1-2 business days. Europe and Rest of the World are sent via Royal Mail International delivery, and can take anywhere between 4-14 days to arrive.
Refunds
We guarantee your satisfaction. All of our products come with a 14 day no quibble guarantee.
Please return to:
Maryland House
Old Road
Harbertonford
Totnes
Devon
TQ9 7PU
UK
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