Terms and Conditions
Thank you for visiting Cwaak. We hope you’ve enjoyed purchasing from the site and our service so far and have browsed through our wonderful card collection. Please find below our Terms & Conditions for purchasing with Cwaak.com
These terms and conditions apply to the use of this website www.cwaak.com (the “Website”). By visiting www.cwaak.com or by placing an order, you confirm that you have read these terms and conditions and agree to adhere to them in their entirety. If you do not agree to these terms and conditions, you must not use this Website.
We may update or vary our terms and conditions from time to time, so please check this page for the latest version whenever you visit Cwaak.com. We can also update and vary the terms and conditions by notice on other pages of this Website.
You will be able to purchases and access most sections of Cwaak.com without needing to register your details with us. Other areas like the ‘My Account’ section are only open to you if you register.
2. Trading details
When buying a product through Cwaak.com, you will be contracting with Zaman Designs Limited, a limited liability company incorporated in England and Wales under company number 11384666.
Registered office: Regus, 3000 Hillswood Drive, Chertsey, England, KT16 0RS, United Kingdom
Trading address: Regus, 3000 Hillswood Drive, Chertsey, England, KT16 0RS, United Kingdom
Email address: email@example.com
Telephone number: +44 (0)207 384 9026
3. Ordering from Cwaak
3.1. Product description
We use our reasonable endeavours to make sure that every product on Cwaak.com is shown accurately and that prices are correct. However, on some occasions there may be slight variations in colour, typefaces and layout. Cwaak.com disclaims all representations and warranties that the content or information on this Website is accurate, complete, up to date or does not infringe the rights of any third party.
3.2. Placing your order
When you place an order with Cwaak (by selecting an item and completing our online checkout process), we will send you an acknowledgement by email. This email will detail the products you have ordered, the date you purchased, total paid, payment method and recipient address. Please note that your completion of the online checkout process does not constitute our acceptance of your order.
Our acceptance of your order only takes place when we have dispatched your item(s). A ‘purchase contract’ between you and Cwaak.com is therefore made at the point of dispatch, rather than at the point of payment. If you have cancelled your order (before your item is marked as dispatch), or if we notify you that we cannot accept your order, then no purchase contract will have been made.
Reasons why Cwaak may not be able to accept an order:
a. If, unfortunately, we do not have your chosen goods in stock
b. Where we cannot obtain authorisation for your payment
c. If there has been a pricing or product description error
d. If you do not meet any eligibility criteria set out in our terms and conditions
We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
3.4. Ordering multiple cards
If you purchase multiple items within a single order they will be dispatched all together but could arrive in separate envelopes.
At Cwaak.com, you can pay for your goods using a credit or debit card and PayPal.
Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our Payment Service Provider (www.paypoint.com) for immediate authorisation. Once we have received authorisation from the Payment Service Provider we will confirm your order.
4. Supply and pricing of goods
4.1. Supply of Goods
The cards sold on our website are manufactured and shipped production facilities based in the UK. All products are supplied and despatched from the UK.
4.3. Prices and sales tax
All prices shown on the website include sales tax at the prevailing rate if applicable.
The prices of goods shipped from the UK include VAT at the prevailing rate (Currently the standard rate is 20%).
4.4. Postage and packaging charges
Cwaak.com offers it’s customers free delivery worldwide
4.5. VAT Receipts
In most cases your order confirmation contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines. However, should you require a Full VAT invoice, these are available upon request firstname.lastname@example.org; please allow up to 5 working days for these to be sent.
At Cwaak we understand how important it is that your cards arrive on time for that special occasion. Please note the following when purchasing your card:
• The dispatch date is the day we SEND the item you have ordered.
• Your order is likely to arrive quicker if you use a postcode.
• You can check that you have the correct postcode by using the Royal Mail’s handy postcode finder www.royalmail.com
• If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.
5.2. Delivery and postage of cards
All cards are posted by First Class or airmail unless the special delivery option is selected at extra cost.
First Class Postage timings
Order Placed (UK) Dispatched by Cwaak
Before 5pm Mon-Fri Same day
After 5pm Mon-Fri Following day
Before 11am Sat Same day
After 11am Sat - Sun Following Monday
Public Holidays Following working day
*The Royal Mail have advised that 90% of first class post in the UK will arrive the following day. Unfortunately, the other 10% can take up to 3 days. If possible, we recommend you allow 3 working days for delivery from the 'Dispatched by Cwaak' date.
If possible, please allow three working days from dispatch for cards to arrive. After all, it is better for a card to arrive early.
If your order hasn’t arrived after three days, please give us a call. We would rather send a replacement card than leave you disappointed.
International Postage Timings
Europe Allow 4 working days
All destinations outside Europe Allow 7 working days
Special Delivery Timings
If you’re sending your order to a UK address, and you have the complete postcode, you can also choose Royal Mail Special Delivery. This service comes at an increased cost (as detailed by Royal Mail).
A special delivery ordered before 2pm and despatched Monday - Friday is guaranteed for delivery before 2pm the following day. Royal Mail do not guarantee special deliveries to arrive on a Saturday (although we find that items sent to residential addresses where their local post office work a half day on Saturdays, generally do tend to arrive on a Saturday)
If you would like a guarantee for arrival on a Saturday, by selecting Friday dispatch you can select ‘Saturday Special Delivery’ for an additional fee for any UK address.
If a Special Delivery item cannot be signed for, it is returned to the depot and can either be collected in person from the local Post Office, or redelivered at a later date. This is subject to Royal Mail’s terms and conditions for Special Delivery.
5.7. Circumstances Beyond Our Control
Neither we, nor any carrier service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions - such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or from any industrial dispute or strike.
6. Changing or cancelling an order
Before you request a change or cancellation, please ensure the order status of your purchase is still at the ‘ORDER RECEIVED’ stage. If you have registered an account with Cwaak.com this can be checked by visiting “Order History’ which can be found under the ‘My Account’ tab. If you carried out your purchase as a Guest, as long as you haven’t received the ‘Order Dispatched’ email you are still able to amended or cancel your purchase.
If the status on you account displays ‘Order Dispatched’ and you have received the ‘Order Dispatched’ email then it has already been posted to you and, unfortunately, cannot be amended or cancelled.
It is best to call us if you need to cancel or change your order - dial 0207 384 9026 or +44 207 384 9026 if outside the UK. Please have your order number or the email address you registered/made your purchase with available so we can answer your query as quickly as possible.
Emails are answered during business hours (9am – 5pm) in the order they are received. It is therefore possible that your order could begin production before your email is processed and we will be unable to make any changes, with this in mind please call us.
At Cwaak.com, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or we have sent you the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then be able to advise you on whether you are eligible for a refund or replacement.
7.1. Reporting a problem
If you are not happy with your Cwaak order, please contact our Customer Service Team on 0207 384 9026 or +44 0207 384 9026 if outside the UK, or use our Contact Form. Please quote your order number, the email address you have registered or purchased with and describe the issues with the order.
We aim to acknowledge any complaint within 7 working days, (usually it takes 1-2 days) and will do our best to resolve it within 10 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems.
7.2. Issuing refunds
Where an item is faulty, we will ask you to complete the following form (http://cwaak.com/return-add) and upload a photograph within three days of receipt. We will then be able to advise you on whether you are eligible for a refund or replacement within 24 hours.
If you are eligible for a refund, we will reimburse the price you have paid for the card(s) via the method of payment you paid with. Alternatively, we may offer to resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
Refunds cannot be given if the fault is a result of your own actions such as product misuse.
Multiple refund requests
If there are persistent claims for refunds from the same individual or group of individuals, then Cwaak reserve the right not to issue a refund or replace an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone.
8. Your privacy and security
Moonpig.com is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998. We are listed in the Register of Data Controllers under the number Z4843659.
You can see the information that we hold about you by logging on to Moonpig.com and checking your account details. You can also update your account details online.
8.1. How we use your contact information
The personal information you provide to us will include your contact details (Telephone, email, postal address)
Cwaak will not sell or disclose any personal data to any third party unless required to do so by law.
We will use your information to send you regular email newsletters, keeping you informed of new products and seasonal offers. You can choose whether to receive these newsletters when you are registering.
A phone number is requested, we may need to use this if we need to ensure you are happy with the service you received.
8.2. Opt out
When you register on Cwaak.com, you can decide to opt out of receiving any promotional communications from us, however emails regarding your account, purchases or registration are mandatory. At any point, you can change your preference of promotional communication in your account section. Please allow three working days for your opt out to be processed.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
While you do not need to allow your browser to accept cookies in order to browse much of our web site or to access many of our services, you must have cookies enabled if you wish to shop online or access any areas reserved for registered users.
8.4. Securing your personal information
Moonpig.com uses Secure Socket Layers (SSL), the most advanced security system available. All of the personal information you enter, including your name, address, and the contents of your address book, is encrypted by secure server software before it is safely transmitted across the Internet. Our Customer Service Team has access to this information.
8.5. Securing your password
When you register with Moonpig.com, you do so as an individual. You must not share your user name and password with anyone else.
We know that you may use the same password for other Internet accounts, and that it is highly sensitive. Rest assured, your password will remain encrypted and we do not have access to it. If you forget your password, we can send you a temporary one. You will then be able to access your account and create a new password.
9. Use of the Website
9.1. Abuse of service
You agree not to use Cwaak.com directly or indirectly for any unlawful purpose, or to cause distress or offence to any person.
9.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the Website is protected by Cwaak.com’s or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You do not have permission, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights. "Cwaak" is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.
9.3. Website content and service access
We will always try to ensure that Moonpig.com is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
We may host competitions on Cwaak.com, below are some legalities and rules that apply to all competitions on Cwaak, Social Media websites and our partners.
Cwaak Competition Rules
These rules are the conditions of entry to all competitions conducted through www.cwaak.com (the “Website”) (“Competitions”). They apply together with any additional Terms and Conditions published on the Website.
1. These rules are the “Competition Rules” and apply to competitions on the Website. By entering a Competition, entrants agree to be bound by the Competition Rules and all other Terms and Conditions on the Website.
2. Competitions are not open to persons who at any time between the start date of the Competition and the date on which the winner is selected (inclusive) are employees of Torchlight Limited, any of its wholly owned subsidiaries or any marketing services agency or other company involved directly with the administration of the Competition, or any member of their households.
3. Eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire. These will be set out in the relevant Competition Notice.
4. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. Torchlight Limited reserves the right to verify the eligibility of all entrants.
5. The address you provide with your competition entry ("Entry") will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the relevant Competition Notice, Competitions are only open to residents of the United Kingdom and you are not entitled to enter the Competition if you are resident outside of the United Kingdom. Where a Competition is open to entrants from outside the United Kingdom, you are not entitled to enter the Competition if you are resident in a country or jurisdiction where the Competition may breach any law or regulation. Where this applies, Torchlight Limited’s invitation to enter the Competition in such country and/or jurisdiction is withdrawn.
6. Where a Competition is open to all age groups, Torchlight Limited assumes that by using the Website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition in accordance with the Competition Rules. If a Competition is only open to a certain age group (e.g. 18 and over), this will be set out in the relevant Competition Notice within the “About us” section of the Website, and Torchlight Limited assumes that by entering the Competition (and you warrant that) you are the appropriate age to enter the Competition.
7. Torchlight Limited reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Competition Rules.
8. In the event that any entrant is disqualified from the Competition, Torchlight Limited in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to the Competition Rules.
9. Entries through agents or third parties will be invalid.
10. Competition Entries must be made in the manner and by the closing date and time specified in the Competition Notice. Failure to do so will disqualify the Entry.
11. There is no purchase requirement to enter a Competition and there is no charge to register for use of the Website
12. Proof of posting or emailing cannot be accepted as proof of delivery. Torchlight Limited cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to Entries, or Entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside Torchlight Limited’s control.
13. Entrants should note that Torchlight Limited does not undertake to return any Entries, including those containing artistic or other material.
14. Unless stated otherwise in the Competition Notice, prize winners will be chosen at random from all correct Entries (for Competitions involving answering questions or where entry is by emailing or otherwise providing a name and/or contact details to Torchlight Limited) or from all submitted Entries in Torchlight Limited’s absolute discretion (where creative or artistic merit or other subjective criteria apply to Entries) within 28 days of the closing date specified in the Competition Notice. In all matters, the decision of the judge(s) and Torchlight Limited shall be final and no correspondence or discussion shall be entered into.
15. Prize winners will be notified in the manner and within the time specified in the Competition Notice (and may be contacted by Torchlight Limited’s nominated supplier(s)). Return of any prize notification as undeliverable or your failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the Website.
16. Claims for prizes must be made in the manner and within the time specified in the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
17. Prizes are non-transferable and there is no cash alternative. Torchlight Limited reserves the right to substitute prizes of equal or greater value at any time.
18. Prizes are awarded at the discretion of Torchlight Limited and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Where Entries are being judged on creative or artistic merit or other subjective criteria, Torchlight Limited and/or the Competition judges in their absolute discretion reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if Entries are not of the requisite standard.
19. Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. Torchlight Limited reserves the right to request written proof of age of any winner.
20. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
21. All Entries will become the property of Torchlight Limited on its receipt of them and will not be returned. In consideration of Torchlight Limited agreeing to consider entrants to the Competition, each entrant hereby assigns to Torchlight Limited all intellectual property rights in his or her Entries and waives all moral rights.
For the avoidance of doubt, pursuant to the above assignment of intellectual property rights Torchlight Limited (and third parties authorised by Torchlight Limited) may make any and all Entries available on the Website and in any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and license the Entries in any way it sees fit, including in advertising and/or sponsorship.
22. Torchlight Limited does not guarantee to use or otherwise make publicly available any Entry. Torchlight Limited may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
23. Your Entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing, threatening or illegal. If relevant, Torchlight Limited reserves the right, but without having the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
24. Torchlight Limited does not accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. The prizes are provided without warranty of any kind, either express or implied, including, without limitation, the implied warranties of satisfactory quality, conformity with description or fitness for a particular purpose. The express provisions of these Competition Rules are in place of all warranties, representations, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded by Torchlight Limited to the maximum extent permitted by law.
25. Torchlight Limited is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received as a result of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.
26. Nothing in the foregoing shall exclude Torchlight Limited liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
27. The name of the winner and the winning Entry will be sent to anyone who writes to Torchlight Limited within 3 months after the closing date, enclosing a stamped addressed envelope, requesting details of the winning Entry.
28. Winners may be requested to take part in promotional activity and Torchlight Limited reserves the right, without additional payment or permission, to use the names, ages and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity. By entering the Competition you agree to such use of your personal information, images, photographs and/or audio and/or visual recordings.
29. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation. Data relating to entrants will be retained by Torchlight Limited for a reasonable period after the Competition closes to assist Torchlight Limited to operate Competitions in a consistent manner and to deal with any queries relating to the Competition.
30. The Competition and the Competition Rules are governed by English law and any disputes are subject to the exclusive jurisdiction of the courts of England. The Website is only intended to be accessed from the United Kingdom. Torchlight Limited makes no representation that materials on the Website relating to this Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Website outside of the United Kingdom, you are responsible for compliance with all local laws.
11. Website Offers and Promotions
• There are no cash alternatives to our offers
• Promotions cannot be back dated or applied retrospectively to orders already placed
• We reserve the right to cancel, change or extend the offer at any given time
• Orders must be purchased within the valid promotion time, but can be dispatched at any date permitted by the Cwaak.com calendar
• Cwaak.com will not be responsible for any technical issues which result in the failure to apply the promotional discount to an order, whether any such failure is within the control of Cwaak.com or not.
• Cwaak.com reserves the right at its sole discretion to disqualify any person it finds to be tampering or to have tampered with the operation of the promotion or the Cwaak.com website, or to be acting in violation of these terms and conditions or the terms and conditions of the Cwaak.com website.
• Cwaak’s decision is final in all matters relating to our promotions.
• If in its sole discretion Cwaak.com offers a refund, the amount refunded will not exceed the cash value of the original offer
These terms and conditions constitute the entire agreement in respect of the use of this Website and the items and services offered via this Website.
If any of these terms and conditions is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
Only you and Cwaak shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the English Courts.