Terms & Conditions
To help find the information you are looking for, we have divided these terms and conditions into 5 sections. These are:
Part A. Information about Ellison: You can find out how to get in touch with us or view our registered company details.
View our Terms and Conditions of Sale
Part C. Terms and Conditions of Sale: You can view legal terms and conditions that apply to any product you order from our site.
View our Angel Policy
Part E. Angel Policy: You can view the limited licence that applies when you use our products to create items for sale.
Part A: Information About Ellison Europe Limited
This website is operated by Ellison Europe Limited (Ellison). We are registered in England and Wales under company number 06045703 and have our registered office at Unit 3 Whitegate Industrial Estate, Whitegate, Wrexham LL13 8UG. Our VAT number is 886263386.
You can contact us by telephoning our customer service team on 0844 499 8181 or by writing to us at our registered office or at firstname.lastname@example.org.
If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your account or order.
When we use the words "writing" or "written" in these terms, this includes e-mails.
The Website Terms apply to your use of our site whether as a guest or a registered user and to any order you place on our site. You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on our site, you confirm that you have read, understood and agree to these Website Terms in their entirety.
If you do not agree to these Website Terms, please do not use our site.
Other Applicable Terms
If you purchase a product from our site, our Terms and Conditions of Sale will apply to the sale.
If you make and sell items created using our products, you must comply with our Angel Policy.
Changes to Our Site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing Our Site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Our site is directed to people residing across the world, with the exception of North and South America (Serviced Countries). We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the Serviced Countries, you do so at your own risk.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Your Account and Password
When you register to use our site you must ensure that the details provided by you on registration or at any other time are true, accurate and up to date.
When you create an account we may provide you with and/or ask you to use a password. You should keep this password confidential and not disclose it with anyone. It is your responsibility for all activities and orders that occur or are submitted under your password. If you become aware of or suspect any unauthorised use of your password or account please contact us.
If you have reason to believe that your account details have been obtained by a third party without your consent and that a purchase had been made with your account, you should contact us immediately to suspend your account and cancel any unauthorised purchases that may be pending. Please note that purchases can only be cancelled until they are dispatched. Ellison accepts no liability or responsibility in the event that an unauthorised purchase is dispatched prior to you notifying us of the unauthorised nature of the purchase.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, 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 may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No Reliance on Information
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.
Limitation of Our Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products by use to you, which will be set out in our Terms and Conditions of Sale.
We encourage users of our site to contribute to our site by sharing with us their comments, suggestions, concepts, observations and ideas about our site, its products, and their commercial or educational use in general (Submissions).
Whenever you make use of a feature that allows you to upload Submissions, or to make contact with other users of our site, you must comply with our content standards. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Submission as well as to its whole.
Submissions must not:
contain any material which is defamatory of any person.
contain any material which is obscene, offensive, hateful or inflammatory.
promote sexually explicit material.
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
infringe any copyright, database right or trade mark of any other person.
be likely to deceive any person.
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
promote any illegal activity.
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
be likely to harass, upset, embarrass, alarm or annoy any other person.
be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
give the impression that they emanate from us, if this is not the case.
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that any such Submission does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
Rights You Licence
By using our site, you agree to grant, unless we indicate otherwise, a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works distribute and display such Ideas throughout the world in any media.
You agree to grant us the right to use the name that you submit in connection with such Submission, if we choose.
You represent and warrant that you own or otherwise control all of the rights to the Submissions that you submit, that the Submissions are accurate, that use of the Submission you supply do not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from Submissions you supply.
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 programmes and platform in order 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 which is malicious or technologically harmful. You must not attempt to gain unauthorised 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.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with our content standards.
If you wish to make any use of content on our site other than that set out above, please contact us.
Third Party Links and Resources in Our Site
Where our 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.
Changes to These Website Terms
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of our site.
By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
Part C: Terms and Conditions of Sale
1. These Terms
1.1 These terms and conditions of sale (Terms and Conditions of Sale) apply to any order you place through our website www.ellisontrade.com (our site). You must read these Terms and Conditions of Sale carefully as they tell you how we will provide 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.
1.2 By placing an order through our site, you confirm that you have read, understood and agree to these Terms and Conditions of Sale in their entirety. If you do not agree to these Terms and Conditions of Sale, you must not order any product through our site.
2. Business Customers
2.1 These Terms and Conditions of Sale apply to business customers. If you are a consumer customer please visit www.sizzix.co.uk.
2.2 You confirm that you have authority to bind any business on whose behalf you use or site to purchase products.
2.3 These Website Terms constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between is, whether written or oral, relating to its subject matter.
2.4 You acknowledge that entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Website Terms.
2.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
3. International Customers
Our site is for the promotion of our products worldwide, excluding North and South America (Serviced Countries). Unfortunately, we do not accept orders from addresses outside the Serviced Countries.
4. Our Contract With You
4.1 Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us (Contract).
4.2 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.3 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 limited 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.
5. Our Products
5.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2 The packaging of the product may vary from that shown on images on our site.
6. Your Rights to Make Changes
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.
7. Our Rights to Make Changes
We may change the product to reflect changes in relevant laws and regulatory requirements. In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
8. Price and Payment
8.1 The price of the product (which includes VAT and excludes delivery unless stated otherwise) will be the price indicated on the order pages in UK Pounds Sterling (£), the European Union (€), or USD ($) when you placed your order. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 8.3 for what happens if we discover an error in the price of the product you order.
8.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
8.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
8.5 We accept payment with Visa and Mastercard. All card payments are subject to authorisation by your card issuer. Subject to clause 8.6, 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.
8.6 Ellison may in its absolute discretion, and subject to credit assessment grant credit to you, up to a credit limit determined by Ellison and notified to you from time to time. If such credit terms are granted by us, all orders for products must be paid for in full by the due as specified in writing by Ellison.
8.7 Any orders for products will not be dispatched if you are not within your credit limit. Ellison reserves the right on written notice to you to withdraw any credit facility or to reduce any credit limit. All invoiced amounts or all invoiced amounts in excess of the reduced credit limit (as the case may be) shall become due immediately.
8.8 Time for payment shall be of the essence. Ellison reserves the right to charge interest at a rate of 4% per annum above the base rate of The Bank of England from time to time on all overdue invoices calculated on a daily basis until judgment or sooner payment.
9. Property and Risk
9.1 All risk in the products you order shall pass to you and will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
9.2 Title to the products shall not pass to you until we have received payment in full in cleared funds in respect of the products and all other sums which are due to us from you under any credit facility.
9.3 Until title to the products passes to you, you shall:
(3.a) store the products separately from all other goods held by you so that they remain readily identifiable as Ellison's property;
(3.b) not remove, deface or obscure any identifying mark or packaging on or relating to the products;
(3.c) maintain the products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
9.4 Subject to clause 9.5, you may resell or use the products in the ordinary course of business (but not otherwise) before we receives payment for the products.
9.5 If before title to the products passes to you and you become subject to any of the events listed in clause 9.6, then, without limiting any other right or remedy the we may have:
(5.a) your right to resell the Goods or use them in the ordinary course of its business ceases immediately; and
(5.b) we may at any time:
(5.b.i) require you to deliver up all products in your possession that have not been resold, or irrevocably incorporated into another product; and
(5.b.ii) if you fails to do so promptly, enter any premises of your premises or of any third party where the products are stored in order to recover them.
9.6 Your right to possession of the products and the right to resell the products before ownership has passed shall terminate immediately if:
(6.a) you as buyer (being an individual) has a bankruptcy order made against you or makes an arrangement or composition with creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors;
(6.b) you as buyer (being a body corporate) takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(6.c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of the business; or
(6.d) your financial position deteriorates to such an extent that in Ellison’s opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
10.1 Ellison shall ensure that each delivery of the products is accompanied by a delivery note that shows the date of the order, all relevant reference numbers, the type and quantity of the products (including the code number of the products, where applicable), and, if the products are being delivered by instalments, the outstanding balance of products remaining to be delivered
10.2 Ellison shall deliver the products to the location set out in the order or such other location as the parties may agree (Delivery Location) at any time after we notify you that the products are ready.
10.3 Delivery is completed on the completion of unloading of the products at the Delivery Location. Ellison accepts no liability for the further transportation of the produces once the products have been delivered to the Delivery Location, including without limitation in cases where the Delivery Location is to a forward carrier.
10.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Ellison shall not be liable for any delay in delivery of the products that is caused by an Event Outside Our Control or yours failure to provide Ellison with adequate delivery instructions or any other instructions that are relevant to the supply of the products.
10.5 If Ellison fails to deliver the products, its liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the products. Ellison shall have no liability for any failure to deliver the products to the extent that such failure is caused by an Event Outside Our Control or your failure to provide Ellison with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
10.6 If you fail to take delivery of the Goods within five business days of Ellison notifying you that the products are ready, then, except where such failure or delay is caused by an Event Outside Our Control or Ellison's failure to comply with its obligations under the Contract:
(6.a) delivery of the products shall be deemed to have been completed at 9.00 am on the fifth business day after the day on which Ellison notified you that the products were ready; and
(6.b) Ellison shall store the products until delivery takes place, and charge you for all related costs and expenses (including insurance).
10.7 If ten business days after the day on which Ellison notified you that the products were ready for delivery you has not taken delivery of them, Ellison may resell the products.
10.8 Ellison may deliver the products by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
11. International Delivery
11.1 If you order products from our site for delivery outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.3 It will be your sole responsibility to comply with all applicable laws and regulations for the country which the products are destined. We will not be liable or responsible if you break any such law.
12.1 Nothing in these Terms and Conditions of Sale limits or excludes our liability for:
(1.a) death or personal injury caused by our negligence;
(1.b) fraud or fraudulent misrepresentation;
(1.c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(1.d) defective products under the Consumer Protection Act 1987.
12.2 Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(2.a) any loss of profits, sales, business, or revenue;
(2.b) loss or corruption of data, information or software;
(2.c) loss of business opportunity;
(2.d) loss of anticipated savings;
(2.e) loss of goodwill; or
(2.f) any indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.
12.4 Except as expressly stated in these Terms and Conditions of Sale, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions of Sale by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
13. Events Outside Our Control
13.1 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 an Event Outside Our Control. An Event Outside Our Control is defined at clause 13.2 below.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(3.a) We will contact you as soon as reasonably possible to notify you; and
(3.b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. How We May Use Your Personal Information
(1.a) to supply the products to you;
(1.b) to process your payment for the products; and
(1.c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15. Other Important Terms
15.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
15.2 You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract without our prior written consent.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
(4.a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing to us addressed to our registered office and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or by email.
(4.b) A notice or other communication shall be deemed to have been received by us: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email, one business day after transmission.
(4.c) The provisions of this clause 15.4 shall not apply to the service of any proceedings or other documents in any legal action.
15.5 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.6 If we do not insist immediately that you do anything you are required to do under these terms, 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.
15.7 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
15.8 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Part E: Angel Policy
Our Angel Policy sets out the permission we give in the form of a limited license when you use our products for the purpose of creating items for sale. You can view our Angel Policy here.