[www.sinceritycards.com] (the “Site“) is a site operated by Sincerity Group, Inc (“We“). We are registered in the United States. In Tallahassee, FL.
What these terms cover and why you should read them
These Terms and Conditions (the “Conditions“) are the terms for using the Site and are the terms on which we supply any cards or other products, services, or digital content available on the Site (the “Products“) to you. We, will sell and you, the Customer, shall purchase the Products in accordance with these Conditions.
Please read these Conditions carefully before using the Site or ordering any Products from the Site. These Conditions tell you who we are, how we will provide the Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Conditions, please contact us to discuss.
By using our website you accept these Conditions
By using the Site or ordering any Products from us you accept these Conditions and agree to be bound by these Conditions. If you do not agree to these Conditions, you must not use our website or order any Products from us. You should print a copy of these Conditions and any confirmation of order or Dispatch Confirmation that you receive from us, for your future reference.
We may amend these Conditions from time to time. Every time you wish to use our Site, please check these Conditions to ensure you understand the Conditions that apply at that time. These Conditions were most recently updated on June 23, 2024.
We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Conditions and other applicable terms and conditions, and that they comply with them.
These Conditions refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy, which includes information about the cookies on our site.
How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address provided to us in your order. “Writing” includes emails. When we use the words “writing” or “written” in these Conditions, this includes emails.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Our contract with you and how we will accept your order
We will acknowledge your order by e-mail as soon as possible. Please note that this email does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming that the Product has been dispatched (the “Dispatch Confirmation“). The contract between us for the purchase of the Products will only be formed when we send the Dispatch Confirmation.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
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. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
The images of the Products on our Site are for illustrative purposes only. We try to ensure that the products represented on the Site are accurate, but please note we cannot guarantee that a device’s display accurately reflects the color, typeface or layout of the Products and that slight variations in color, typeface and layout may occur between the Products as you see them on screen and those that are delivered.
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.
Where there is a reference in these Conditions to “working days” this shall mean Monday to Friday inclusive but excluding any major Holiday in the United states.
Price of the Products
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 (including any VAT) as shown at the bottom of the order form, except in cases of obvious error.
Local taxes and customs charges may be applicable and will be 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.
If we accept your order, the price will be as stated on the order form, although if the rate of VAT increases between the date of your order and the date of the Dispatch Confirmation, we will add the necessary additional amount of VAT to the price of the Products and this will be shown on the Dispatch Confirmation.
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.
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.
If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
Payment
When you place your order you must stipulate your chosen method of payment. The payment options are:
payment by credit/debit card at the time of order;
payment by check or credit/debit card after the order is placed.
You must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you. If you do not make payment by one of the above methods before we send you a Dispatch Confirmation and either the Products have not been delivered to you or you have ordered more Products from us, we may withhold any deliveries to you to the value of the outstanding sum until you have paid all sums owed to us.
Delivery
Subject to clause 7 above, the Products will be dispatched to you as follows:
All non-personalized greetings cards and other Products:
within three working days of your order, we will use our reasonable endeavors to confirm whether we can fulfil your order and if we can, we will provide you with a Dispatch Confirmation;
Personalized Products:
within 10 working days following your approval of the proof (provided by us online or by email or by post) we will use our reasonable endeavors to confirm whether we can fulfil your order and if we can, we will provide you with a Dispatch Confirmation;
We aim to deliver all Products within the timeframes as set out in the Dispatch Confirmation, and where this is not possible, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 20 will apply.
Ownership of the Products and when you become responsible for the Products
The Products shall remain our property and ownership of the Products shall not pass to you until we have received payment in full.
The Products will be at your risk from the time we deliver the Product to the address you gave us or you (or a carrier organized by you) collect it from us.
Our Responsibility for loss or damage suffered by you
We warrant that the Products which we supply to you will be as described, of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
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.
We are not liable for any business losses. 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.
Defective Products
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.
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. Your statutory rights are not affected by anything in these Conditions.
Your responsibility for providing information we may require
We may need certain information from you so that we can supply the products to you, for example, information to create any personalized Products. If so, this will have been stated in the description of the products on our website. We may contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 20 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Should you wish to place orders with us over the telephone, and not through one of our websites, all the information you give will be used and relied upon for the preparation and dispatch of your order. It is your responsibility to check that all of the information given is correct, and we cannot be held responsible if such information is later found to be incorrect.
Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at 15.1.1 to 15.1.5 below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the Product or these Conditions which you do not agree to;
we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
there is a risk that supply of the Products may be significantly delayed because of events outside our control;
we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or
you have a legal right to end the contract because of something we have done wrong.
Your right to change your mind
How long you have to change your mind depends on what you have ordered and how it is delivered.
Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you are not entitled to change your mind about your order, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not entitled to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you are a consumer who has changed their mind)
Tell us you want to end the contract. To end the contract with us, please let us know by contacting us by phone or email. Please provide your name, home address, details of the order number and, where available, your phone number and email address.
Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please contact us for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
We will pay the costs of return:
if the Products are faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the Product or these Conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
How we will refund you. If you are entitled to a refund under these Conditions we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
We may end the contract if you break it
We may end the contract for a Product at any time by writing to you if:
you do not make any payment to us when it is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
You must compensate us if you break the contract
If we end the contract in the situations set out in Clause 19.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Personalized Products
You acknowledge and agree that when ordering personalised Products:
you are solely responsible for ensuring the accuracy, quality and suitability of the content and images which you upload; in particular you are responsible for ensuring that the images uploaded are in a suitably high resolution for printing, are lawful and in line with any recommendations that we may publish on our Site from time to time; and
you acknowledge and agree that when viewed on screen, uploaded images may appear to be of a higher resolution than they are and consequently there may be differences between the Products as they appear on screen and the printed Products.
You agree that in uploading content to the Site you will not print, digitize, upload or otherwise obtain Prohibited Content.
Prohibited Content means content which:
we believe is abusive, deceptive, obscene, defamatory, slanderous or otherwise inappropriate or unlawful; or
materials protected by copyright or other intellectual property rights (such as photographs, images, logos) that are used without the express permission of the owner.
When you access the Site, you agree that all content which is uploaded onto the Site is the responsibility of the person who submitted it.
In order for us to provide personalized Products you acknowledge that we need the right to make use of the content which is uploaded to the Site by you. Accordingly, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, transferable license to use, copy, reproduce, distribute, display, modify, transmit, make derivative works of and distribute any content uploaded to the Site by you, solely for the purpose of providing personalised Products.
You remain the owner of all content that you upload onto the Site and as a condition to use, you represent and warrant to us that you are the owner of all copyright and other intellectual property rights in any content you upload onto the Site or that you have permission from the owner of all relevant intellectual property rights in the content to submit such content.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our Site including any Registered Trade Marks and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We are not responsible for websites we link to
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Do not rely on information on this Site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmed and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Transfer of rights and obligations
We may transfer this agreement to someone else. We may transfer our rights and obligations under these Conditions to another organization.
You may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing.
Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Conditions.
Events outside our control
If our performance of our obligations under the contract is affected by an event which could reasonably be considered to be outside our control we will not be liable to you for this provided we try to work around the issue. An example of an event outside our control would be a virus outbreak which leads to a government order that factories must close, meaning we cannot obtain stock from our suppliers. A further example is a power outage which affects our systems which we could not have reasonably avoided, or any other event which is otherwise unavoidably beyond our control.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
