Terms & Conditions

These terms and conditions (as amended from time to time) govern your use of the online Platform’s content, services, and online orders (see “additional terms and conditions for online orders” below) placed via the website www.bycrescence.com. If you do not agree with these terms and conditions, please do not use the services and products.

If you wish to make a formal complaint about any of the editorial content of this blog and our related products, please contact customer.service@bycrescence.com. Please review the following terms and conditions carefully before using this Platform. You should also read our Privacy Policy which can be found here via the links on the Platform

TERMS AND CONDITIONS FOR THE PLATFORM CONTENT

1. Introduction

1.1 The Platform www.bycrescence.com is owned and operated by By Crescence Limited, a company registered in England and Wales with company number 12468033 and its registered office at By Crescence, 20-22 Wenlock Road, London N1 7GU
1.2 Where we use the term “Platform” we mean any website and its related content, services and products under our control.
1.3 Where we refer to “Content” we mean all content, information and material, including software, technology, text, links, posts, messages, emails, music, sound, graphics, pictures, video, games and all audio visual or other material available on or through the Platform, whether posted, uploaded, transmitted, sent or otherwise made available by us, and/or service providers, or by you, and/or other users or third parties.
1.4 Where we refer to “By Crescence, “we”, “us” and “our” we mean By Crescence Limited, and its respective officers, directors, members, employees, suppliers, agents, and representatives.
1.5 Where we refer to “you” and “your” this means or relates to you the user.
1.6 You understand and agree that we may add to or change these terms and conditions at any time. New terms and conditions are effective immediately upon posting to the Platform. Your continued use of the shall constitute on-going acceptance of these terms and conditions, as updated from time-to-time. We therefore recommend that you check this page regularly

2. Age Limit

2.1 You must be at least 18 years of age in order to use the Platform.
For legal reasons, we can only sell items via this website to individuals aged 18 or over. If you are under 18, you must involve a parent or guardian when placing orders online using the website.
2.2 We strongly recommend that if you are under 18 years of age, you ask your parents for permission before sending any information about yourself to anyone over the internet, and we encourage parents to teach their children about safe internet use practices.
2.3 This website is for use only by individuals who access it from within the United Kingdom. If you choose to access the Website from locations outside this territory, you are responsible for compliance with local laws if and to the extent they apply.

3. Disclaimer – Third party links, service providers and links to the Platform

3.1 Please be aware that information provided by this blog are reflective of the personal thoughts and opinions of the author(s) of the published blog posts, and that information provided on the Platform are subject to change without warning. Information found upon these blog posts are not intended to malign any individual, company, organisation, religion or ethnic group in any way, shape or form.

3.2.We recommend that you do not take any information held within as a definitive guide to the law or the relevant matter being discussed. You are advised to seek legal and/or professional advice where necessary rather than relying on the content supplied by the author(s) of this blog.  As a result By Crescence will not take any liability for actions arising as a result of the information on a blog post, as it is intended as opinionated and not informative and we insist that you double check the accuracy from a well-known reliable source, before acting upon it. The law, regulations and other forms of legal governance are constantly changing and adapting to meet the needs of the modern world and it is impossible to comprehensively detail the nature of such within the confines of a blog in a concise, up-to-date manner. Any opinions expressed within the blog are those of the author and not necessarily held by By Crescence itself. For the most up to date information, prices, offers and more offered by our company, please visit our website or contact us at enquiry@bycrescence.com.

3.3 The blog  posts are written in English and are directed mainly for England, Wales, Scotland and Northern Island. We sincerely apologise if words we use in our blog posts translate to something else in a different language, it is not our aim to be insulting or harmful to anybody anywhere, but we do not possess the powers to cross reference language used in other countries.

3.4 Photographs, images, links or content mentioned in our blog posts that are not ours, will also be cited to the correct owner, we do not wish to take credibility for content we did not create and do our very best to assure that credit is forwarded on where it is due. We employ you to take the time to read the accreditation and offer credit where it is deserved.

3.5 Links posted on any blog post are tested and deemed accurate at the time of the blog post being posted. We cannot confirm the direction of the URL after the time from when the blog post was posted and as a result we recommend caution when opening links as we do not take responsibility of the directed path for after the time it was posted, as we understand websites change and URL paths move, so we recommend directing to a specific site through your own means, rather than trusting a link in our blog post. We do not control such linked services, and are not responsible for their content, functionality or legality. Those third parties may collect data or solicit personal information from you; we are not responsible for the collection, use or disclosure of any information those services may collect. Linking to any other service or website from this Platform is at your own risk.

4. DISCLOSURE – Affiliate Marketing Programmes

4.1 By Crescence participates in various affiliate marketing programmes, which means we may get paid commissions on editorially chosen products purchased through our website links to retailer sites. An affiliate advertising programme is designed to provide a means for sites to earn advertising fees by advertising and linking to various retailer sites. We choose to have affiliate links with specific affiliate programmes linked to retailers we regularly shop at, because we genuinely appreciate the quality of their offerings.  And for each blog post containing affiliate marketing links or sponsored links, we post both a a disclosure note and a disclaimer note to inform readers that  the post they are reading contains affiliate links or sponsored links we may get a commission on sale from. The help provide readers with all necessary and relevant information regarding a purchase or a promotion on the blog post so they can make well-informed decisions.

We are currently participating in the following affiliate marketing programmes

Amazon Associates Programme for the UK, Germany, and USA. “As an Amazon Associate we earn from qualifying purchases.”

Awin network via which we partner with an array of interiors, beauty and wellness brands such as Beauty Expert, Lookfantastic, Beauty Pie, OKA, Made.com (UK), Olivia’s, just to name a few.

RewardStyle network where we have access to more than 2,000 UK and US based retailers in interiors, beauty, fashion, wellness, jewellery, and many more, just to name a few.

4.2 We also accept paid for guest posts on this blog and these will always be marked as such either by “Guest Post”, “Guest Article”, “Contributed Article” or the author’s name.    We may also collaborate with brands on sponsored posts written by our blog post writers and these will be marked as Sponsored, Collaborative, PR Collaboration or similar.  Please note that the views, opinions and positions expressed within these guest posts are those of the author(s) alone and do not represent those of By Crescence. The accuracy, completeness and validity of any statements made within these articles are not guaranteed. We accept no liability for any errors, omissions or representations. The copyright of this content belongs to the author and any liability with regards to infringement of intellectual property rights remains with them.

4.3 There is space for adverts in the blog sidebars and we are happy to advertise products that are suitable for this blog in exchange for a fee.

4.4 The Platform in relation to all advertising, marketing and PR activities and ad placements may include certain features, functionality, and/or content that may be hosted, administered, supplied by or operated by third party service providers, such as social, community and public discussion areas, photo and video galleries, blogs, auctions, shopping, payment processing. These service providers may require that you agree to their additional terms, conditions, contracts, agreements and/or rules. Your compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with these terms and conditions. By Crescence specifically disclaims any and all liability in connection with the acts or omissions of such third party service providers.

5. Content by you or other users

5.1 “UGC” means any Content that you or other users upload, submit or make available to the Platform.
5.2 You understand that your communications on the Service are not private or confidential and may be viewed by others accessing the Platform.
5.3 Our Privacy Policy also applies to UGC.
5.4 We reserve the right to, but undertake no duty to, review, edit, move or delete any UGC in our sole discretion and without notice.
5.5 We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted as UGC. Any information or material placed online by other users of the Platform, including advice and opinions, is the view and responsibility of those users and does not represent the view of By Crescence. You agree that, to the maximum extent permitted by applicable law, we have no responsibility or liability to you for UGC including for any failure to or delay in removing UGC.
5.6 You are solely responsible for your UGC and may be held liable for UGC that you post. In this regard, you agree that you will comply with the following Acceptable Content Policy and not submit UGC that:
5.6.1 Is hateful, abusive, racist, discriminatory, sexually offensive, obscene, vulgar, defamatory, threatening to another user, promotes violence, is infringing of third party rights (such as copyright, trademark, trade secret or any other personal or proprietary rights, or confidentiality), invasive of personal privacy or publicity rights, disruptive to the flow of chat or in our reasonable view, otherwise objectionable.
5.6.2 impersonates another person (including celebrities), indicates falsely that you are an employee or a representative of By Crescence or its business partners.
5.6.3 you do not own or have the rights to submit or that is illegal.
5.6.4 promotes any form of illegal activity including (by way of example) hacking, drug taking, terrorism, cracking or distribution of counterfeit software.
5.6.5 contains advertising, promotions or commercial solicitations of any kind or could constitute junk mail, chain letters, pyramid schemes, or other commercial activities.
5.6.6 imposes an unreasonable or disproportionately large load on the Service’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Service;
5.6.7 contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine.
5.7 When you submit UGC, you grant us a non-exclusive, royalty free, perpetual (i.e. lasting forever), worldwide, irrevocable licence to exploit it in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party and you waive, and agree not to assert any moral or similar rights you may have in your UGC.

6. Use of the platform by you

6.1 You may retrieve and display Content from this Platform on a computer screen or other device, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of any Content. You agree to use the Service only for your own personal non-commercial use and lawful purposes
6.2 Notwithstanding anything else in these terms and conditions, you agree not to use the Services:
6.2.1 in any way that breaches any applicable local, national or international law or regulation;
6.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.2.3 for the purpose of harming or attempting to harm minors in any way;
6.2.4 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; or
6.2.5 to copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, or any other information available on or through the Platform
6.3 You agree not to disrupt, modify or interfere with the Platform or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Platform.

7. Competitions and Prizes

From time to time we may run competitions, free prize draws and promotions on the Platform. These are subject to the Competition Terms & Conditions and/or separate terms and conditions that will be made available in each instance.

8. Additional rules

We reserve the right to post, from time to time, additional terms and conditions that apply to specific parts of the Platform. Such additional terms and conditions will be posted in the relevant parts of the Platform, and will be clearly identified. Your use of those parts of the Platform constitutes your agreement to those additional terms and conditions.

9. Complaints

9.1 Copyright: If you believe that your work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, or that the Platform contains links or other references to another online location that contains material or activity that infringes your copyright, please contact us at enquiry@bycrescence.com

9.2 Defamation: If you believe that another user has defamed you on the site through their UGC, please contact us at enquiry@bycrescence.com.

10. Indemnification

You agree to indemnify By Crescence and its suppliers, service providers, and their respective officers, directors, members, employees, suppliers, agents, and representatives, and to hold them harmless from any and all claims, actions, suits and liabilities, losses, damages, costs and expenses (including legal fees) that may arise from your UGC, from your unauthorised use of our Content, or from your breach of these terms and conditions.

11. Disclaimer of warranty and limitation of liability

11.1 To the maximum extent permitted by applicable law, you agree that your use of the Platform is at your own risk. The Service is provided on an “as is” and “as available” basis for your use, and to the extent permitted by applicable law, By Crescence and its business partners, and their respective officers, directors, members, employees, and representatives hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Platform.
11.2 By Crescence does not guarantee that access to the Platform will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Platform. We do not guarantee that you will be able to access or use the Platform at times or locations of your choosing, or that we will have adequate capacity for the Platform as a whole or in any specific geographic area.

12. Termination

We have the right to terminate your use of or ability to access the Platform, for any reason, without notice.

13. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.

ADDITIONAL TERMS AND CONDITIONS FOR ONLINE ORDERS

These terms and conditions (“Terms and Conditions”) apply to all orders for items which you, acting in your individual capacity as a consumer (“you”) place with us By Crescence Limited, owner of the UK registered trademark Crescence Home (“we” “us” or “our”):

online using the website which we operate from the URL: “www.bycrescence.com” and other URLS from time to time (“Website”)
If you are a trade buyer or acting in the course of a business please contact us at customer.service@bycrescence.com.

For legal reasons, we can only sell items via this website to individuals aged 18 or over. If you are under 18, you must involve a parent or guardian when placing orders online using the website.

We are an United Kingdom registered company and this website and the information and marketing materials contained on it are provided in the English language only. If you do not understand all or any part of these Terms and Conditions, you may not place orders using this website.

1. Accepting these terms and conditions

Before placing your order, please read carefully these Terms and Conditions, our Privacy Policy, Website Conditions of Use and other policies we may notify you of. You should print or download copies for your future reference. Together they constitute the entire agreement between us that you agree to be bound by anytime you place an online order via the Platform.

2. Placing Orders

When you order items online for the first time, you will need to register with us by setting up an account or you can opt to proceed to check out as a guest. Both options are for security reasons. The first option also avoids you having to re-enter your details when you place subsequent orders. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. Please take all necessary steps to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being or are likely to be used in an unauthorised way.
Please ensure the details you provide us with on registration are correct and complete and inform us promptly of any changes to those details (e.g. change of email or postal address). We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order it will be without charge to you.

3. Prices

We accept payment online in the following currencies: Pounds Sterling (£GBP), Euro (EUR), and US Dollars (USD).
Your order will be invoiced in the currency you selected on the website at the time of purchase. The price of the items will be in line with the price displayed on the website when you placed your order. Prices displayed on the Website include United Kingdom Value Added Tax (VAT) which will be charged at the current rate as shown on the online order form. Delivery and packaging is charged extra unless otherwise stated. Details of our delivery charges can be found in the Delivery section of these Terms and Conditions.

Although we try to ensure that all prices on the Website are accurate, errors may sometimes occur. If we discover an error in the price of items you have ordered we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.

4. Colours, sizes and specifications

We make every effort to display the colours, sizes and specifications of items available on the Website as accurately as possible. The colours you see will however depend on the resolution of your monitor. We cannot guarantee that your monitor’s display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the sizes and specifications of items displayed on our Website without prior notice. We cannot guarantee that a particular colour, size or specification of an item will be available. A member of our Customer Services team will contact you if the item you have ordered is no longer available.

5.Delivery options and charges

All delivery options and charges for individual products sold are clearly specified in the delivery and returns tab of each product page.  Please ensure you double-check such options before placing your order.

DELIVERY

Standard Delivery                      £3.99

UK delivery within 5 to 6 working days, 7.30am – 6pm, Monday to Saturday. Generally free on orders over £50, otherwise £3.99

Next or Named Day Delivery     £6.95    

Delivery on the day of your choice, 7.30am – 6pm, 7 days a week. Order by 4pm for delivery the next day.

Morning Delivery                    £10.95   

Named morning delivery by 11:30 am, available Monday to Saturday. Order by 2 pm for delivery the next morning.

International Delivery

Available for the following European countries within 5 to 6 working days.

Germany                                  £3.99 

France                                      £5.55

Delivery Restrictions

We do reserve the right not to deliver an order if we believe the address isn’t secure, for example we currently do not deliver orders to BFPO or PO box.

In light of Covid-19, we have additional health and safety measures in place to protect our logistics team. Safety is our priority, so your delivery might take longer. 

6. The Contract Between Us

When you place an order to purchase items using the Website this is an offer by you to us to purchase those items. We only accept your order when we have confirmed availability and have processed the payment on your credit card successfully. The contract between us is formed at the point we accept your order. See the Acceptance of Online Orders below for further details. If an item within your order is not available we will contact you. Where possible we may offer you a substitute item. Please see the Availability and Substitution section below.

7. Acceptance of Online Orders

We acknowledge receipt of orders which you submit using the Website by sending you an email summarising the details of your order (“Online Order Receipt”). We accept your order for an item when we send you an email confirming that we have dispatched the items in your order (“Online Order Dispatch Note”). For orders placed online using this Website the contract between us is formed at the point we send you the Online Order Dispatch Note for those items detailed in the Dispatch Note email. If your order contained a number of items and the email mentions only some of them, those items which have yet to be dispatched to you do not form part of that contract. Included in the Dispatch Note email is an order reference number that will enable you to track the progress of your order.

8. Availability and Substitution

We accept orders for items subject to availability. If for any reason the items you ordered are no longer available we will at our discretion either:- offer you an alternative item of equivalent quality and price (where this is possible); or- cancel the item from your order and where payment has already been deducted from your account, give you a full refund in respect of that item.

9. Payment

You may pay for your order by supplying your credit or debit card details.  We accept payment using the following card types: Visa, Maestro, MasterCard, American Express. In the case of online orders, you supply these details in the secure online order form. 

For orders placed online, we also accept payment by Paypal. We regret that we cannot accept cheques, or cash as payment online.

Receipt of your credit or debit card details and debit of payments does not constitute our acceptance of your order. Acceptance of your order occurs in the case of online orders when we send you the Online Order Despatch Note email, at the point we dispatch the items (see The Contract Between Us section above). You are responsible for ensuring the email address and other contact details you provide to us are correct. We will not be responsible if you do not receive the Despatch Note email or other confirmation from us where the details you have supplied are incorrect or in the event of communication system failures outside our control.

Please note that we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email. For details of the security measures we employ please read our Privacy Policy.

Unless we are fraudulent or negligent, we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.

10. Risk and Title

Risk in the items will pass at the time the items are delivered. Ownership of items delivered will only pass when we receive payment in full of all sums due in respect of the items (including packing and delivery costs). If we do not receive payment in full we may, without prior notice, claim from you any items that have been delivered.

11. Privacy and Communications

When you place orders, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy. To fulfil our obligations to you under these Terms and Conditions we communicate with you by email and by posting notices on the Website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications be in writing. In this context, it is worth informing our customers that they might receive an email from Customer Reviews with an invitation to review their order. Customer Reviews is an independent company that processes customer reviews in an ethical and unbiased manner. Customers must accept terms and conditions before placing an order. All emails sent to our customers will be sent via Amazon Simple Email Service, a service provided by Amazon Web Services (AWS). Using DKIM (Domain Keys Identified Mail) and SPF (Sender Policy Framework) authentication, emails are guaranteed to be delivered as reliably and securely as possible and this added layer of security protects customers and By Crescence.

12. Losses

We will be responsible for any losses you suffer as a direct result of us breaching these Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract between us for the sale of items was formed (see “The Contract Between Us” section above). We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our appointed sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
Our liability to you under these Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these Terms and Conditions excludes or limits our liability to you for personal injury or death caused by our negligence.

13. Events beyond our reasonable control

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

14. Alterations to this Website and Terms & Conditions

We reserve the right at any time to make changes to the Website, these Terms and Conditions, the Website Conditions of Use, Privacy Policy and such other policies as we may notify you of from time to time. You will be subject to the policies and terms and conditions in force at the time you order items using the Website. Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, they will be deemed severable and will not affect the validity or enforceability of the remaining terms and conditions

15. Waiver

If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

16. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.