Terms and Conditions
Terms and Conditions
Please read these terms and conditions carefully as they set out the terms under which scribbler.com (the "Website") sells and otherwise makes products available to you ("Terms and Conditions"). Scribbler is a trading name of Scribbler Holdings Limited a company registered at 9 Harmsworth Street, London, SE17 3TJ. (company registration 01863486) ("we" and "us"; and "our" shall be construed accordingly). By purchasing products available on this Website, you as the customer will transact with us.
Placing your order
By placing an order through our Website, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
Due to the Licensing Act 2003, we are not permitted to sell alcoholic products to anyone under 18. We may refuse an order or delivery of alcoholic items at our discretion. By placing an order for alcohol, you confirm that you and the person the order is sent to are aged 18 years or over.
The prices payable for the items that you order are clearly set out on this Website. Items imported into the UK from Guernsey are potentially subject to the Low Value Consignment Relief. Where the intrinsic value of goods is less than £15.00 (excluding any postage and packaging), the consignment is free from import VAT. Where the value of the item exceeds £15.00, you are liable to pay import VAT on your purchases. All prices are expressed inclusive of any VAT payable. Prices can change and we endeavour to keep our prices updates at all times.
Scribbler.com offer their customers the facility to make payments on account as an advance payment for cards. In return for this advance payment we will give you bonus credits to be used against the purchase of cards from Scribbler.com. The scheme is referred to as Prepay, we reserve the right to change the name of the scheme but the same terms shall apply to any scheme involving advance payment for cards.
All prepay credits and bonus credits are separately recorded. The total balance of credit is shown in MY ACCOUNTS under PREPAY. Bonus credits are calculated at 20% of the Prepay amount as follows:
Prepay can be purchased at the point of checkout after cards are placed in your basket. At the point of checkout, we will check your balance of Prepay and bonus credits. Applicable products will be paid for by drawing down the Prepay credits and bonus credits pro rata. Prepay can also be purchased from the customers MY ACCOUNT page. Each time a card is added to the basket, the total amount for the card will be deducted from the Prepay credit.
Payments made on Prepay will be deemed as a payment for cards to be purchased from scribbler.com only. Prepay credit cannot be used to purchase cards and other goods at any of the Scribbler stores.
Your Prepay credit is available for 12 months from the day of purchase. After 12 months your credit will be removed from your account.
Our liability to you will be to provide cards to the value of the account balance. Cash balances will not be returned except in cases where you have received defective cards and specifically requested a refund of the cash balance held in the Prepay account.
If you change your mind after making a payment on account you may request a refund by contacting customer services within fourteen (14) days of the transaction, only if the prepay has not been used. Refunds can only be made to the credit/ debit card used to make the original purchase.
Refunds for Prepay will NOT include any bonus credit.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible. We will contact you to confirm that you are happy to proceed with the order and agree to wait for the original product(s) or would like to select an alternative product.
Supply of Goods
The cards and other products sold by us through our Website are manufactured and shipped from a range of different in-house and third-party production facilities based in the United Kingdom, Guernsey and overseas. Our suppliers of alcoholic goods are fully licensed under the terms of the Licensing Act 2003.
There will be no contract of any kind between you and us until payment for your goods is authorised by your bank or credit card issuer. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that payment for the goods is authorised (and not before) a contract will be made between you and us ("Contract"). Authority for payment must be given at the time of the order. Payment for your order will be taken once stock availability has been confirmed. If for any reason the goods cannot be supplied then payment will be refunded in full within 30 days from cancellation of the sale in compliance with distance selling legislation.
Delivery will be made to the UK on International address specified by you. We will make reasonable endeavours to despatch orders received before 2pm on the same day: orders received after 2pm on the following day; and orders received after 2pm on Friday to Sunday inclusive (or on public holidays) on the next working day. Customers may also select the day of despatch up to 12 months in advance. All card orders will be delivered by Royal Mail (or other commercial carrier at our discretion).
We are unable to accept returns, or provide refunds for print on demand or personalised products, unless the product is defective or we are otherwise in breach of our agreement with you and are obliged to do so.
To obtain a refund please return the product(s) to us in the same condition in which you received them. We will examine the returned product(s) and will notify you of your refund via e-mail within a reasonable period of time. We will usually process 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 product. 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 reasonable cost incurred by you in returning the item to us.
We will refund any payment received from you using the same method originally used by you to pay for your purchase.
Products must be returned to the following address:
SCRIBBLER CUSTOMER SERVICE
9 HARMSWORTH STREET
Note that the right to cancel or return a product as described above does not apply to any food, drink or other products which normally deteriorate rapidly.
Payment & Security
You can pay with any Visa, MasterCard, Maestro, American Express or Visa Delta card, or via PayPal. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons. Payment will be taken for out of stock product(s) to secure stock, only if you are happy to proceed with the order and agree to wait for the product(s). Payments for products will be itemised on your bank statements as showing payment to Scribbler Limited.
The purchase on our website will be made in pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which holders of international credit cards will be liable to pay.
To the fullest extent permitted by applicable law, our liability to you in respect of an order shall be limited to the value of that order, and we shall not be liable to you for any indirect, consequential, special or punitive loss, harm or damage (including economic loss, loss of profit, loss of revenue, loss of business, wasted expenditure or depletion of goodwill) whatsoever or howsoever caused, including, without limitation, as a result of our negligence. For the avoidance of doubt nothing in these terms and conditions excludes our liability in respect of death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; or for fraud or fraudulent misrepresentation.
We use Internet standard encryption technology to protect your data when you transmit it to us. When you use your credit card, all your data is encrypted and held on a Secure Socket Layer (SSL) server. We are constantly updating our technology to provide you with the maximum practicable level of security. To check that you are in a secure area of our Website look at the bottom right of your internet browser and you will see a closed padlock or an unbroken key.
If using a public computer or terminal, always close the browser when you complete an online session.
We will never ask you to confirm any account or credit card details via email and if you receive an email claiming to be from http://www.scribbler.com asking you to do so then please ignore it and do not respond.
Except as expressly set out in these Terms and Conditions, all implied warranties and representations (whether implied by statute, custom, common law or otherwise) are excluded to the fullest extent permitted by law.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge 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.
Our Right to Vary these Terms and Conditions
We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the despatch confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within 7 working days of receipt by you of the products).
The Contract between you and us is binding on you and us and on our respective successors and assignees. 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. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our 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.
No failure or delay by us to exercise any right or remedy provided under a Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. You and we both acknowledge that, in entering into any Contract, you and we have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms and Conditions (and any document expressly referred to herein). Nothing in this clause shall limit or exclude any liability for fraud.
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 English courts. If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. Only you and we shall be permitted to enforce these Terms and Conditions.
If you have an order query, please email us at firstname.lastname@example.org. You can call us on +44 (0) 333 006 6270 from Monday to Friday between 9am and 5pm (excluding UK Bank Holidays). Please note telephone calls may be recorded for training and quality purposes. Alternatively, you can write to us at the following address:
Scribbler Customer Services
9 Harmsworth Street
London SE17 3TJ
Your obligations when using this Website
By using this Website, you confirm that you are aged 18 or over.
You agree to use this Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of this Website.
You may download and print content from this Website solely for your own personal use. However, you must not copy, use or otherwise deal with Website content for any other reason. You must not modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of this Website for commercial exploitation in any circumstances.
Accessing our Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
As a convenience to our users, we may make third party software available via this Website. To use the third-party software, you must agree to the terms and conditions imposed by the third-party provider and the agreement to use such software will be solely between you and the third-party provider.
We do not guarantee that any software downloaded via this Website will be free from viruses or other forms of malicious code. We make no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded via this Website. In no event shall we be liable for claims of any nature arising from or related to any third-party software downloaded via this Website.
We own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to this Website and its content ("IPR").
If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to this Website.
Uploading Material to our Website
Whenever you make use of a feature that allows you to upload or otherwise submit material to our Website, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
You hereby grant us and our agents and subcontractors a perpetual, worldwide, non-exclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to us by you, solely for the purpose of fulfilling your product orders.
You remain the owner of all content that you submit to this Website and as a condition of use, you represent and warrant to us that you are the owner of the copyright to such content or that you have written permission from the copyright owner to submit such content.
We have the right to remove any material you submit to our Website if, in our opinion, such material does not comply with the content standards set out below.
We will use reasonable efforts to store any digital photos that you upload to our Website, subject to your active participation i.e. your purchasing products via this Website at least once every 365 days. If you do not purchase any products during such period, we may remove and discard any photos or material submitted by you. You should retain copies of all material and photos you submit, as we accept no liability for their loss or destruction at any time.
You must not upload or submit any photos, text or other works which:
are obscene, sexually explicit, offensive, defamatory, hateful or inflammatory;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender, or age; infringe any copyright or trade mark of any other person, or which would breach any legal duty owed to a third party, such as a duty of confidence; promote any illegal activity or violence; are threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; are likely to harass, upset, embarrass, or alarm any other person; or contain computer viruses or other malicious programs.
Our liability to you
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.
Any claim arising out of or related to use of this Website must be filed within 3 (3) months from the date on which the claim or cause of action was discovered or reasonably could have been discovered, failing which such claim or cause of action shall be forever barred.
Other important terms
Who we are
Scribbler is a trading name of Scribbler Holdings Limited. This Website is managed by Scribbler Holdings Limited whose registered offices are at 9 Harmsworth Street, London SE17 3TJ.
We respect your right to privacy and will only process personal information you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws.
If you have any questions about how we collect, store and use personal information, or if you have any other privacy-related questions, please contact us by any of the following means:
Email us at: email@example.com;
Write to us at: Scribbler Customer Services, 9 Harmsworth Street, London SE17 3TJ.
The personal information we collect about you
When you access and browse this Website (including when you submit personal information to us through data entry fields on the Website), we may collect the following information from you:
Your title, forename and surname;
Your billing address and your delivery address and country;
Your phone, mobile and email details;
Your payment card details; and
Your marketing communication preferences.
How we may store and use your personal information
Scribbler (or third party data processors acting on our behalf) may collect, store and use your personal information listed above for the following purposes
to make this Website available to you and to provide you with content which is tailored to your individual tastes;
to complete any purchases you make through this Website and deliver those purchases to you;
to provide you with any other services that you request from us; and
to send you Scribbler marketing communications, as described below.
We may also collect anonymised details about visitors to our Website for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymised details we collect for these purposes.
Disclosures of your personal information
Scribbler Limited is legally responsible for the collection of your personal information through the Website and its subsequent storage and use.
Other than disclosures we make to our third party suppliers and affiliated Scribbler companies, we will not disclose, sell or rent your personal information to any third party for commercial purposes.
However, if a third party were to acquire all (or substantially all) of our business and/or assets, we may disclose your personal information to that third party in connection with the acquisition. Please note that we may also disclose your personal information where we are required to do so by applicable law, by a governmental body or by a law enforcement agency.
Scribbler and affiliated Scribbler companies may contact you occasionally (including by e-mail and SMS) with details of Scribbler branded products, services and special offers that it (or they) think may interest you or otherwise for customer research purposes. However, we will only do this where we are permitted to do so by law and provided that you have not informed us that you do not wish to be contacted for these purposes.
You always have the right to ask us not to contact you for these purposes at any time. You can do this by writing to us by post or by e-mail at the address provided above. When contacting us, please provide your name, contact details and, if you have one, your Scribbler account number or correspondence reference so that we may respond promptly to your request.
Whilst we take appropriate technical and organisational measures to safeguard the personal information that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal information that you transfer over the Internet to us.
You have the following rights:
the right to ask us to provide you with copies of personal information that we hold about you at any time, subject to a fee specified by law (currently £10);
the right to ask us to update and correct any out-of-date or incorrect personal information that we hold about you free of charge; and
the right to opt out of any marketing communications that we may send you.
If you wish to exercise any of the above rights, please write to us (either by post or by e-mail) at the address specified above.
Third party sites