Introduction to Terms of Sale
Please take the time to read these terms and make sure that you understand them, before ordering any Products. Our VAT number is 155105144.
Please note that by ordering any of our Products and by clicking the button marked 'I Accept', you agree to be bound by these Terms and the other documents expressly referred to in these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in paragraph 4 below. Every time you wish to order Products from our site, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between you and us, are only in the English language. To contact us, please see our contact us at firstname.lastname@example.org.
1. Our Products1.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee the display upon which you are viewing the Products accurately reflects the actual colour of the Products. Accordingly, the Products that you purchase may vary slightly from those images that you viewed.
1.2 Although we have made every effort to be as accurate as possible, because our Products are handmade and bespoke products, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 3% tolerance.
1.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
1.4 You may only purchase Products from our site if you are at least 18 years old. If you are below 18 years old, you may only purchase our Products with the involvement of a parent or guardian.
1.5 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Except as set out in these Terms and permitted under applicable laws, nothing in these Terms will affect these legal rights.
2. How we use your personal information
3. How the contract is formed between you and us
3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 3.3 below.
3.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been ordered and are available ("Order Confirmation"). A contract between us and you for the sale and purchase of the Products in accordance with these Terms will only be formed when we send you the Order Confirmation ("Contract").
3.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in paragraph 4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible, however we shall have no liability to you to account for or pay any amount in respect of interest in the intervening period.
4. Price of product and delivery prices
4.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
4.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
4.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
4.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products that you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process or if we do not receive a response from you within 48 hours, we will treat the order as cancelled and notify you in writing. Please note that we do not have to and will not provide the Products to you at the incorrect (lower) price.
5. How to pay
5.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card immediately upon confirmation of your order.
6. Our right to vary these terms
6.2 Whenever we revise these Terms in accordance with this paragraph 6, we will give notice of this by stating the last date on which these Terms were amended at the top of this page.
7. Your right of return and refund
7.2 Other than if the Products were faulty or mis-described, you may only cancel a Contract prior to the date you receive the Order Confirmation, which is when the Contract between us is formed.
7.3 If you wish to cancel a Contract, please contact our Customer Services by e-mail us at email@example.com to tell us. When making contact with us, you will need your Order Confirmation number. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
7.4 If the Contract is validly cancelled, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in paragraph 7.3. If you returned the Products to us because they were faulty or mis-described, please see paragraph 7.5.
7.5 If you wish to or have returned the Products to us under this paragraph 7 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.6 We refund you on the credit card or debit card used by you to pay.
7.7 If you wish to return the Products which were delivered to you in accordance with these terms because you believe that the Products are defective, you must comply with the following: we will not accept any Products which have been worn by you; you must return the Products to us as soon as reasonably practicable, and in any case within 21 days from the date of receipt, in the original packaging with all labels; unless the Products are faulty or not as described (in this case, see paragraph 7.5), you will be responsible for the cost of returning the Products to us; and you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
7.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this paragraph 7 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 Delivery will be completed when we, or our nominated delivery agents, deliver the Products to the address you gave us.
8.3 If no one is available at your address to take delivery, our delivery agent will leave you a note that the Products have been returned to our premises or the premises of our delivery agent, in which case, please contact them to rearrange delivery.
8.4 The Products will be your responsibility from the completion of delivery.
8.5 You own the Products once we have received payment in full, including all applicable delivery charges.
9. International Delivery
9.2 If you order Products from our site for delivery to one of the international delivery destinations, 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.
9.3 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.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10. Our Liability
10.2 We only supply the Products for domestic and private use.
10.3 We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and/or defective products under the Consumer Protection Act 1987.
11. International Delivery
11.2 An "Event Outside Our Control" means any act or event beyond our (or our manufacturer's) 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 which affects us or our manufacturer, from time to time.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: we will contact you as soon as reasonably possible to notify you; and 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.
12. Other important terms
12.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
12.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.5 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.