|
These terms and conditions relate to all and any agreement between us when you buy goods/ products from us. Details of what we will supply and the price will be in an e-mail sent to you by us at the time you order - the “order e-mail”.
Definitions
“we” or “us” means The Little Things Ltd of 18 Blake Street, Dunfermline, Fife, KY11 4PW, who own and operate the website
“Website” means ww.thelittlethings.co.uk
“Personalisation” means your printed text, ribbon colour, flower colour, embellishment colour or card combinations of designs
1 Products
(1) In this agreement the “Goods” or “Products” are those items supplied as detailed on the order e-mail and refers to any item that we have available for sale. All goods are subject to availability.
(2) Products are offered with information provided to the best of our ability, based on available information and facts, including, where applicable, from manufacturers’. We do not any form a guarantee or warranty and you understand that we make no representation about any product. Where exact colour matches are important please contact us and we can organise sending a colour sample to you.
2 Ordering
(1) You can order by telephone or on our website by following the website process (see also “Ordering Information”)
(2) Orders are subject to acceptance by us and in accordance with these terms and conditions. Submission of an order or e-mail is not acceptance or confirmation of your Order
(3) Your order is generated and processed via your own entries into our website ordering system. Incomplete addresses, typographical, spelling or any errors made by you in completion of this process may result in problems with personalisation, non delivery, incorrect product identity information being printed or other client generated errors. We cannot refund or assist where the error is generated by incorrect information being supplied by you at the point of order.
(4) Upon receipt of your Order we will process your payment and check stock availability. If we are unable to supply the goods, or that will not meet our usual despatch time them we will inform you of this within 7 days and advise of when the goods will be available or make a refund.
(5) Despatch time estimates are as per the website. Despatch of goods to you is our acceptance of your order and denotes completion of our contract with you unless the order is cancelled or we have notified you otherwise
(6) We reserve the right to suspend the supply of goods at any time, without notice. We also reserve the right to supply a substitute (this will be as close to the original item as possible) where necessary.
3 Abide By Terms
By making use of our organisation and its products you will be deemed to be aged 18 or over, are not under any disability which would impair judgement or use of the site or products, that you have read and understood these terms and conditions and agree to be bound by them. If you are entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.
4 Payment
(1) The price of the goods is as displayed on our website at the time of purchase. We must received full cleared payment before any goods are despatched to you.
(2) We reserve the right to increase prices without prior notice, subject to 4(1) above.
(3) All prices are in GBP and include VAT (where applicable) but exclude delivery/shipping charges, unless expressly stated otherwise. You will be advised of delivery charges before completing checkout. Goods can not be collected in person - delivery/shipping charges are always payable.
(4) Payment for goods must be made on placing an order by using secure third parties such as Paypal Protx or Streamline Payment Terminal for telephone payment or by cheque. Please also refer top the “Payment options” section on the website.
(5) We deem payment received and cleared when it has been processed and either transferred to and reached our account or authorised by your payment provider as we, at our discretion, determine.
(6) Goods are despatched when we have cleared payment. The title in any goods will not pass to you until we have received full payment
5 Delivery
Any delivery charges quoted are for delivery to addresses in to mainland
Britain. Please refer to our Returns & Delivery Policy. Please note that we rely on Royal Mail for delivery of goods and Royal
Mail do not guarantee delivery times for many of their services. It is your
responsibility to select the method of delivery that suits your needs. If you
have any queries relating to delivery methods or times please either visit the
Royal Mail website directly at www.royalmail.com or e-mail us at sales@thelittlethings.co.uk before you place an order.
6 Returns
In the very unlikely event that you need to return any product, you must follow our Returns & Delivery Policy.
7 Supply & Time Estimate
(1) Whilst we will use our reasonable endeavours to supply the services, and to Link to that policy here supply products within any time estimate that we give, we shall not be responsible for any failure to supply or any unavailability.
(2) We will not be liable for any losses or damage suffered whatsoever because of any unavoidable or reasonable delay in completion, including third party involvement and your failure to deliver information or approve drafts etc. We do aim to keep you informed about any delay. Ideally put the time estimate on the Order e-mail.
8 Intellectual property
(1) Unless you have our specific written agreement, all content, including the text, graphics, and any other components contained within the finished product remain our property and we retain full ownership rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in either the products or our Website
(3) Rights to Designs, photographs, graphics and any third party items always remain the property of their respective owners.
9 License to Us
You agree that we have a non-exclusive, worldwide, and royalty-free perpetual licence to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use any information, photographs or any other content as necessary solely for the purposes of designing and supplying products you have purchased from us.
10 Accuracy, Data Responsibility & Copyright
(1) You confirm that any data, information, materials or documents or anything passed to us have been checked by you as being accurate, suitable for the use you require, is proof-read and that either you own the copyright or that your use does not breach any copyright, intellectual property or the rights of any third party, whatsoever in nature, and is not contrary to any law
(2) You agree that all text and graphics will be provided by you in the format as specified by us.
(3) Where applicable, you conform that you are solely responsible for checking any final proofs.
(4) It will always remain your responsibility to retain back-ups of any information, photographs or any which you supply to us. It is not our responsibility to retain any copies.
(6) You agree that we are not responsible for any omissions, additions, changes, alterations, typographical, clerical or other error or omissions within any information or content on goods. You specifically agree that we have no liability in respect of this clause and furthermore you will indemnify us for any loss.
11 Responsibility and Misuse
(1) You agree that you will solely be responsible for your use of any goods provided to you and that you will use the website and any of our products legally and only for the purposes that they are intended to be used for and at all times in accordance with any manufacturer’s instructions, advice, suggestion and information and will not misuse them nor use them negligently.
(2) It is your responsibility to ensure that all products are suitable for your use, including, as applicable any colour matches and personalisation.
(3) We specifically draw your attention to the use of small parts in many of our designs which can cause choking or other harm. We do not consider that our products are suitable for use by children under 3 or any other children or vulnerable persons unless specifically supervised by a responsible adult.
(4) We refuse to handle in any way, information, data or material which we, in our absolute discretion, deem to be illegal, offensive or controversial, and as such reserve the right to terminate any agreement without notice.
I have added this because whilst I think it unlikely, it is possible that someone may request offensive personalisation
(5) You agree that we have no liability in respect of this clause and furthermore you will indemnify us for any loss resulting in any breach of this clause.
12 Your information & data protection
(1) You are responsible for ensuring that any information you provide is accurate, correct and up-to-date. Any information we hold will be stored and used in accordance with the current Data Protection Act and other relevant legislation within England and Wales. Please refer to our Privacy Policy You need a link to that policy here
(2) You can check that the information which we are holding is accurate by accessing your account online if you are registered (click on ‘My Account’ near the top of the screen, enter your email address and password to log on and view your details) or emailing us at sales@thelittlethings.co.uk. Also, even if you have consented to receive our newsletter from us you can request that we do not contact you with further information by e-mailing us at any time at sales@thelittlethings.co.uk
13 Website Use
(1) Use of the website is at your own risk and by licence only for personal use and you acknowledge and agree that all copyright, and all other intellectual property rights in all content shall remain at all times vested in us or our licensors and you agree that you will not, nor will you assist any other person or organisation to, breach copyright in any way whatsoever.
(2) We can not guarantee that the provision of the website will be uninterrupted, secure or error-free nor free of viruses or anything which may affect use nor will we be held responsible or liable for this. The website is provided on an “as is” and “as available” basis.
(3) We have made every effort to ensure that products are displayed as accurately as possible but can not be responsible for variations. What you see depends on your monitor and settings and we can not guarantee this will be accurate.
14 Assignment
(1) Any rights given cannot be transferred, sold, rented or shared in any way by you and nobody else can benefit but you. A copy of these terms will be admissible in any dispute or in any proceedings.
(2) We reserve the right to assign and/or sub-contract all or any part of the supply of goods but if we do this it will not affect your rights under any agreement.
15 Electronic Ordering and/ or goods
(a) Consumers can cancel any order made via our web-site within 7 days of receiving the goods. Please refer to clause 6. We will then refund any amount you have paid within 30 days of receiving your cancellation. When you have made a card payment credit will be made only to the original card you used to make the payment.
(b) However, when purchasing any personalised goods and/or any perishable items you waive your cancellation or refund rights under Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 (as amended).
(c) Goods must be returned according to our Returns Policy link to that policy here
16 Liability Disclaimer
(1) To the extent that the law allows we are not responsible for any loss, incidental or consequential damage, or loss arising out of purchase, any use, errors, mistakes, accident, theft or fraud, destruction, or any part of the supply of goods or use of our website.
(2) In the unlikely event that we would be held liable for anything whatsoever then, to the extent that the law allows, any aggregate liability whatsoever shall be limited to 100% of the amount paid by you for the goods involved in the incident or series of related incidents.
(3) We take all reasonable precautions to keep order details secure, but we cannot be held liable for any losses caused as a result of unauthorised access to information you provided
(4) You are responsible for providing, accurate, correct and up-to-date information and we will not be held responsible for any losses whatsoever in this regard.
(5) We do not intend to affect your statutory rights as a consumer
17 Queries, complaints, Notices
(1) Complaints must be in writing to sales@thelittlethings.co.uk and we aim to respond to any queries or complaints within 7 working days. If any complaint may amount to a breach of any term herein then you must allow us 30 days to remedy that breach.
(2) Any notices must be in writing to our registered office and for you, your address on your last order.
(3) Notices will be deemed to have been received on the 7th day after posting using Royal Mail 1st class service provided that a duly stamped proof of posting is obtained from Royal Mail.
18 Generally
(1) There terms and conditions supersede any prior representations, understandings and agreements between you and us
(2) We reserve the right to vary our terms and conditions at any time and variation takes effect when they are posted on the website. It is your responsibility to read terms and conditions on each occasion you use or purchase and your continued use of our website shall confirm your acceptance to be bound by the latest terms and conditions
19 Invalidity
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
20 Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish Courts
|