Group Cards - Terms and Conditions
New - more Leaving Cards and Retirement Cards!

Group Cards – TERMS AND CONDITIONS


Last Updated: 6th April 2020


Please read these Terms and Conditions carefully before using the http://www.groupcards.co.uk website operated by Group Cards. You should print a copy of these Conditions for your future reference.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

1.    Group Cards

1.    Group Cards® is a registered Trade Mark of Candle Events Ltd

2.    Group Cards is a Trading Name of Candle Events Ltd.

3.    Group Cards is an online greeting card retail site that allows groups of people to add personal messages to the same card, just as would be done in an office for a family member or friend. Group Cards also facilitates monetary collections into a single account.

4.    Candle Events Ltd is a limited company incorporated under the laws of England and Wales. Our registered address is: 91 Sunnyhill Road, Streatham, London, England, SW16 2UG

5.    If you have any questions about these Conditions, please contact us by email on customerservices@groupcards.co.uk

2.    The Agreement between us 

1.    We, Group Cards will sell and you, the Customer, shall purchase any cards or other products or services available on the website ("the Products") These Terms and Conditions ("the Conditions") are intended to set out the agreement between us.

2.    We will acknowledge your order by e-mail as soon as possible with details of your purchase request.

3.    It is your responsibility to check that your order is accurate and to give us all the information we need to complete the order. We will let you know what, if any, information we do need.

4.    We try to ensure that the products represented on the website are accurate, but please note that slight variations in colour, typeface and layout may occur between the products as you see them on screen and those that are delivered.

5.    When using our site, you accept that communication with us will be mainly electronic. For contractual purposes, you agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

6.    Where there is a reference in these Conditions to "working days" this shall mean Monday to Friday inclusive but excluding any statutory or bank holiday in England.

3.    Changes to Agreement

1.    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 5 days' working notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

4.    Product Pricing

1.    The price of the Products and any delivery costs will be calculated, in pounds sterling, when you complete your order form and will be the price as shown on the website and the email receipt sent to the given email address.

2.    The postage cost for orders sent to addresses in the UK are free. If your delivery address is outside of the UK then the delivery cost will be shown on the order screen.

3.    If your delivery address is outside the European Union local taxes and customs charges may be applicable and these are your responsibility. Please note that you must also comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

4.    Subject to our obligation to supply Products at the price stated in accepted orders, we reserve the right to change the list prices of the Products at any time.

5.    Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Product's correct price is less than our stated price, we will charge the lower amount when dispatching a Product to you. If the Product's correct price is higher than the price stated on our site, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel the order and have already paid for the goods, you will receive a full refund for the price of the product(s). Upon cancellation, Group Cards will deposit any collections made, minus the admin free from the payment providers, within 2 days of agreement of cancellation into the account entered when the order was placed. You acknowledge that although the refund will be processed within two days of agreement of cancellation, the funds may take longer to appear in the given account.

6.    We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order confirmation email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect pricing.

5.    Payment

1.    Payment is taken on confirmation of the order, using Stripe. Payments are non-refundable, although in certain circumstances Group Cards may agree to change the order. Please contact customerservices@groupcards.co.uk in these circumstances.

6.    Delivery

1.    Subject to clause 4 above, the Products will be dispatched to you as follows:

1.    All personalised greetings cards and other products:

1.    within five working days of approval of your order, if you have chosen to approve before printing and dispatch.

2.    Within three working days of the closure date of your order if you have chosen to send without approval.

2.    We aim to deliver all products within the timeframes as set out above unless there are exceptional circumstances.

3.    If in the case of unforeseen circumstances beyond our reasonable control, we are not able to process your order within the periods mentioned in clause 6.1, we will contact you via email and you may cancel your order.

4.    We use Royal Mail for delivery and you acknowledge that there may be variations in their delivery times that cannot be guaranteed by Group Cards and Group Cards cannot be held responsible for delays caused by the delivery provider.

7.    Ownership of the Products

1.    For paid products:

      1. The Products shall remain our property and ownership of the Products shall not pass to you until their full price has been paid to us.
      2. The Products will be at your risk from the time of postage.
      3. Delivery of physical cards will be made to the address supplied by Royal Mail

2.    For free products:

      1. Group Cards provide eCard products without charge for cards containing up to 35 messages.
      2. eCards containing over 35 messages can be purchased at the prices shown on the website.
      3. Delivery of e-cards is done via e-mail. The Customer can also download an e-card version and send it to themselves if preferred.

3.    For Monetary Collections:

      1. All money contributed will be taken from contributors using Stripe. A small admin fee is taken by this provider and by Group Cards. After the event end date, the collection minus these administration fees will be transferred to the account number / sort code entered when the event is set up.

8.    Our Responsibility

1.    We warrant that the Products which we supply to you will be of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied.

2.    Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

3.    This does not include or limit in any way our liability:

1.    for death or personal injury caused by our negligence;

2.    under section 2(3) of the Consumer Protection Act 1987;

3.    for fraud or fraudulent misrepresentation; or

4.    for any matter which it would be illegal for us to exclude, or attempt to exclude, our liability.

4.    We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

9.    Defective Products

1.    If, once you have examined the Products, you discover a defect in the quality of the Products you must tell us as soon as possible after discovering the defect.

2.    If you notify us of a defect in the quality of the Products you must return the Products to us. We will then examine the returned Products to confirm whether they are defective and if they are defective we will notify you via e-mail of the refund due to you as soon as possible and, in any case within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Products. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

3.    Your statutory rights are not affected by anything in these Conditions.

10. Your Responsibility

1.    When messages are sent inviting people to contribute to a card through Group Cards, Group Cards is acting only as an e-mail gateway in this respect. You are responsible for ensuring you have permission to send e-mails to the recipients you supply, and are responsible for any content you send and confirm that you will not send abusive, racists, deceptive, obscene, defamatory or otherwise slanderous messages.

2.    You may only use this web-site to send electronic or physical cards to individuals or companies. 

3.    You may not use this web-site for any mass-marketing or spamming purposes. We reserve the right to take any action, including legal action against anyone who uses Group Cards for that purpose. 

4.    We reserve the right to terminate any account that does not comply with clause 10 of these terms with no prior notice. Group Cards will provide written notice for the reasons for termination of account to the email address provided within 30 days of termination.

11. Cancellation

1.    Personalised Cards

1.    You acknowledge and accept that personalised products are made to your specification and regrettably you cannot cancel any order for personalised products once you have approved the card for sending.

2.    Where Group Cards is unable to fulfil its delivery obligations as stated in Clause 6, you are able to cancel the order and Group Cards will process a full refund of the product and deposit any collections made, minus the admin free from the payment providers, within 2 days of agreement of cancellation into the account entered when the order was placed. You acknowledge that although the refund will be processed within two days of agreement of cancellation, the funds may take longer to appear in the given account.

3.      Due to costs involved in the production of the card that start immediately, once the card is paid for and approved, it is not possible to refund it in accordance with clause 11.1. However in some cases where stock permits we may be able to change a card as long as the card has not been approved for printing. Please contact customerservices@groupcards.co.uk to discuss this.

12. Refunds

1.    Non-personalised items

1.    Non-personalised items purchased through groupcards.co.uk can be returned within 14 days of receipt, or 14 days after Christmas day (25th December). To return an item please contact our customer service team at customerservices@groupcards.co.uk, you will need to include your email order confirmation and reason for return in the email. Refunds [SA1] are made onto your card, not in cash. The items must be returned in the original condition with original packaging to the address shown.

13. Personalised Cards

1.    You acknowledge and agree that when ordering personalised products:

1.    you are solely responsible for ensuring the accuracy, quality and suitability of the content which are uploaded or entered

2.    Prohibited Content means content which:

1.    Group Cards believes is abusive, deceptive, obscene, defamatory, slanderous or otherwise inappropriate or unlawful; or

2.    materials protected by copyright or other intellectual property rights

3.    Group Cards will use all reasonable endeavours to provide and deliver the card selected, however in rare circumstances the selected card may not be available and so we will carefully select a substitute matching the category and theme of the unavailable card.

4.    Group Cards will use all reasonable efforts to provide and deliver the messages entered in the format and layout approved by the user, however in some circumstances the format of text and layout of the messages may need to be changed and Group Cards  reserve the right to make such modifications, without prior approval by the purchaser/user, in order to improve the final printed presentation.

5.    Group Cards will use all reasonable efforts to provide the card as selected in the order. In some rare instances we may not be able to provide the card selected. In this instance we will substitute the product to a card in a similar or more expensive price bracket unless we are informed via email not to substitute, in these instances we will permit the cancellation of the order as in clause 11.2.

14. Intellectual Property

1.    This web-site and all of the software connected with it are protected by UK and International Copyright laws, and are the property of Group Cards, Candle Events Ltd and Henson IT Solutions Ltd. You may not copy the code or ideas within the code without permission.

15. Notices

1.    All notices given by you to us must be given to Candle Events Ltd and be sent to our registered office address or by email to customerservice@groupcards.co.uk. We may give notice to you at either the email or postal address which you provide to us when placing an order. Notice will be deemed received 24 hours after an email is sent, or three days after the date of posting any letter.

16. Transfer of rights and obligations

1.    The contract between you and us is binding on you and us and on our respective heirs and assigns.

2.    You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

3.    We may transfer, assign, charge, sub-contract or otherwise dispose of a contract or any of our rights or obligations under it, at any time during the term of the contract.

17. Events outside our control

1.    If, for some reason which is beyond either of our control, either of us are unable to comply with these Conditions, that party will not be liable to the other or be deemed to be in breach of the agreement between us. Such reasons shall include, but not be limited to, strikes or other industrial action, war, riots, fire, explosion, extreme weather, flood, insurrection, embargo, industrial action, shortage of transport, general shortage of material and acts or omissions of governments ("Force Majeure Event").

2.    The performance of the contract is deemed to be suspended for the period that the Force Majeure Event continues, and both parties will use their reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

18. Waiver

1.    If on any occasion either of us fail to insist upon strict performance of any obligations under the contract or fail to take action against the other party where that party has failed to comply with these Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve the defaulting party of their obligations. Any such waiver shall not constitute a waiver of any subsequent default.

19. Severability

1.    If any of these terms and conditions or any provisions of the contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to an extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. Entire Agreement

1.    These Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.

2.    We each acknowledge that in entering into a contract (and the documents referred to in it); neither of us relies on any statement, representation, assurance or warranty ("Representation") of any person other than as expressly set out in these terms and conditions.

3.    Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

4.    Nothing in this clause shall limit or exclude any liability for fraud.

21. Disputes

1.    Arbitration:

      1. The parties to this contract hereby agree to resolve legal disputes through arbitration methods rather than civil lawsuits in the first instance. The parties agree to select a neutral arbitrator in the event a dispute arises that cannot be solved between them.
      2. In the case of arbitration each party agrees to pay half of the total fees and costs due for arbitration and will make their portion of the payment direct to the arbitrator.

2.    Jurisdiction:

      1. These Conditions and any agreements between us and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such agreements or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.