Terms & Conditions

Sunshine & Daisies – Terms and Conditions (‘Conditions’)

Sunshine & Daisies. (‘We’, ‘Sunshine & Daisies’ or ‘Us’) have created these Conditions to define how we offer, sell or allow You to use our Products and Services.

Please review these Terms and Conditions regularly as we may modify them from time to time. It is Your responsibility to check whether these terms and conditions have been revised. These Conditions were last revised on 7th February 2007.

Departure from these Conditions shall be without prejudice and with the irrevocable right to demand the said Conditions are immediately and strictly adhered to.

The Conditions apply to:

all financial and non-financial offers, agreements or transactions between Customers and Us
usage and permission to use all Sites owned and operated by Us

Interpretation

In these Conditions:

‘Sites’ means the websites known as wineglasscharms.co.uk, sunshineanddaisies.co.uk, swarovskiwineglasscharms.co.uk, glasscharms.co.uk and all other websites owned and operated by Sunshine & Daisies
‘Conditions’ means these Terms and Conditions
‘You’ or ‘Your’ means an individual or corporate entity or un-incorporated entity.
‘Products and Services’ means products and services supplied by Us to its Customers.
‘Communications’ means on-line, off-line and telephone/fax communication of any means between Us and You.
‘Your Material’ means any material submitted for use as a component of Sunshine & Daisies, or for any other purpose relating to Your transaction with Us, which originated from You.
‘Privacy Policy’ means the Privacy Policy that can be found on any or all Sunshine & Daisies sites.

Provision of our Products & Services

We agree to provide You with Products and Services in accordance with these Conditions.
Products and Services will be provided on an ‘as is’ and ‘as available’ basis. We cannot guarantee that the Products and Services will be provided fault-free and We do not undertake or warrant that the Products and Services will be free from defects or available.
We may temporarily suspend Products and Services either partially or completely for any reason. We will restore Products and Services as soon as reasonably practicable after a suspension. We will not be liable to You for any loss which You incur as a result of any such suspension.
The pages contained in our Sites may contain technical inaccuracies and typographical errors. The information in our Sites pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in the Sites is only for information purposes. The material on this site does not constitute advice and You should not rely on any material on such Sites to make (or refrain from making) any decision or take (or refrain from taking) any action.
Your Communications with Us may be monitored in the context of our Privacy Policy, to allow support of Products and Services or where we have reason to believe there may have been a breach of these Conditions or the stated Privacy Policy.
Upon receipt and or provision of Sunshine & daisies Products and Services, You are required to examine whether the Products and Services are of reasonable standard to those requested. Should they not be of a reasonable standard, You should notify Us in writing without delay and in any case within seven days of receipt.

Use of Sunshine & Daisies Products

You warrant and undertake to us that You will use Your best endeavours to ensure that Your Material and Your Communications and Your use of Our Products and Services is in compliance with all applicable laws and regulations and in particular that it is not in the opinion of Us:

defamatory, offensive, indecent or of an obscene or menacing character; or
likely to cause annoyance, inconvenience or anxiety to any person; or
likely to breach any copyright or confidentiality or privacy or other intellectual property of any person; or
fraudulent or connected in any way with the committal or possible committal of a criminal offence; or
material of a racial or sexually discriminatory nature; or
‘spam’ mail; or
material that contains a mail bomb; or
a Trojan horse; or
material that contains viruses or worms other disruptive programs or devices; or
in breach of these Conditions of use.

You are fully responsible for the content of Your Material and You must ensure that Your Material does not cause disturbance to a recipient or other person whether used as part of Our Products and Services or not.
You are fully responsible for maintaining a copy of any of Your Material that is submitted to Us. We will not be liable to You for any loss, corruption or damage to Your Material.
Except as expressly permitted by these Conditions, You may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of Sunshine & Daisies Sites and/or Products & Services. In particular, You may not cache any of the contents for access by third parties nor mirror any content.

Rate and Payment Terms

The rates of Sunshine & Daisies Products and Services offered are stated in British Pounds and are inclusive of VAT, unless explicitly stated otherwise. For special orders, full payment is required at the time of ordering.
Products and Services and the rights to them, remain the property of Us until payment has been made.

Liability

In performing any obligation under these Conditions, our duty is only to exercise reasonable care and skill of a competent provider of such Products and Services and Sites.
We shall not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of Your use of Our Sites and/or Products and Services or in respect of any of Your actions or omissions taken in reliance on any of the advice or information contained in such Products and Services or Sites or any site to which Our Sites are linked.
Nothing in these Conditions limits our liability for death or personal injury resulting from our negligence.
We are not liable for any failure to perform any of our obligations under these Conditions caused by matters beyond our reasonable control.

Indemnity

You shall indemnify and hold us harmless from all losses, liabilities, costs and expenses in connection with any claim by any third party with respect to any alleged or actual infringement of copyright, trademark, Service mark or any other proprietary rights or any false or misleading statements or breach of advertising standards resulting from the use of Our Products and Services by You. This clause shall survive termination of this agreement for any reason whatsoever.

Privacy & Security of Personal Information

We may use and hold Your personal information as described in our Privacy Policy.

Intellectual property rights

All rights, including copyright, in the content of Sunshine & Daisies Products and Services and/or Sites from time to time are owned or controlled for these purposes by Sunshine & Daisies.
All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on You any licence or right under any trade marks, names or logos.

Assignment

You are not allowed to transfer or attempt to transfer this agreement in whole or in part to any other Person.
If We are unable to provide Products and Services because of something beyond our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (whether or not involving our employees), We will not be liable for this.

Jurisdiction

This agreement is governed by English Law, and both You and We submit to the non-exclusive jurisdiction of the English courts.