- These terms
- What these terms cover. These are the terms and conditions on which I supply my products to you.
- Why you should read them. Please read these terms carefully before you submit your order to me. These terms tell you who I am, how I will provide products to you, how you and I 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 terms, please contact me to discuss.
- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- you are an individual; and
- you are buying products from me wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between me and you in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on my behalf which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
- Information about ME and how to contact ME
- Who I am. I am Anunita Majumdar, a sole trader established in England and Wales. My address is 1 Ringmore Road, Walton on Thames, Surrey, KT12 3DQ.
- How to contact me. You can contact me by writing to me to the address set out above.
- How I may contact you. If I have to contact you I will do so by telephone or by writing to you at the email address or postal address you provided to me in your order.
- “Writing” includes emails. When I use the words “writing” or “written” in these terms, this includes emails.
- MY contract with you
- How I will accept your order. My acceptance of your order will take place when I send you a confirmation email to accept it, at which point a contract will come into existence between you and me.
- If I cannot accept your order. If I am unable to accept your order, I will inform you of this and will not charge you for the product. This might be because my product is out of stock, because of unexpected limits on my resources which I could not reasonably plan for, because I have identified an error in the price or description of the product or because I am unable to meet a delivery deadline you have specified.
- Your order number. I will assign an order number to your order and tell you what it is when I accept your order. It will help me if you can tell me the order number whenever you contact me about your order.
- I only sell to the UK. My website is solely for the promotion of my products in the UK. Unfortunately, I do not accept orders from addresses outside the UK.
- MY products
- Products may vary slightly from their pictures. The images of the products on my website are for illustrative purposes only. Although I have made every effort to display the colours accurately, I 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. Although I have made every effort to be as accurate as possible, because my products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on my website have a slight tolerance.
- Product packaging may vary. The packaging of the product may vary from that shown in images on my website.
- Making sure your measurements are accurate. If I am making the product to measurements you have given me you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure by contacting me.
- MY RIGHT to make changes
- Minor changes to the products. I may change the product to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
- Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on my website.
- When I will provide the products. During the order process I will let you know when I will provide the products to you. Estimated delivery times are between 3 to 5 days from the date of the order.
- I am not responsible for delays outside my control. If my supply of the products is delayed by an event outside my control then I will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact me to end the contract and receive a refund for any products you have paid for but not received.
- When you become responsible for the products. The products will be your responsibility from the time I deliver the product to the address you gave me.
- When you own products. You own the products once I have received payment in full.
- Reasons I may suspend the supply of products to you. I may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes; or
- make changes to the product as requested by you or notified by me to you (see clause 5).
- I may suspend supply of the products if you do not pay. If you do not pay me for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of me reminding you that payment is due, I may suspend supply of the products until you have paid me the outstanding amounts. I will contact you to tell you I am suspending supply of the products. As well as suspending the products I can also charge you interest on your overdue payments (see clause 12.6).
- Your rights to end the contract
- How you can end the contract with me. Your rights when you end the contract will depend on whether there is anything wrong with the product, when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10 if you are a consumer and clause 11 if you are a business;
- If you are a consumer and have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day you receive the product.
- How to end the contract with ME
- Tell us you want to end the contract. If you have a right to end the contract as described in these terms, to end the contract with me, please let me know by doing one of the following:
- Phone or email. Call customer services on +447946341105 or email me at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Simply write to me at 1 Ringmore Road, Walton on Thames, Surrey KT12 3DQ, including details of what you bought, when you ordered or received it and your name and 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 me. You must either return the products in person or post them back to me at 1 Ringmore Road, Walton on Thames, Surrey KT12 3DQ. If you are a consumer exercising your right to change your mind you must send off the products within 14 days of telling me you wish to end the contract.
- When I will pay the costs of return. I will pay the costs of return if the products are faulty (unless the default is caused by you). 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 I will refund you. If you are entitled to a refund under these terms I will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, I may make deductions from the price, as described below.
- When I may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, I may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If I refund you the price paid before I am able to inspect the products and later discover you have handled them in an unacceptable way, you must pay me an appropriate amount.
- When your refund will be made. I will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 28 days from the day on which I receive the product back from you or, if earlier, the day on which you provide me with evidence that you have sent the product back to us.
- Our rights to end the contract
- I may end the contract if you break it. I may end the contract for a product at any time by writing to you if:
- you do not make any payment to me when it is due and you still do not make payment within 14 days of me reminding you that payment is due; or
- you do not, within a reasonable time, allow me to deliver the products to you.
- You must compensate me if you break the contract. If I end the contract in the situations set out in clause 9.1 I will refund any money you have paid in advance for products I have not provided but I may deduct or charge you reasonable compensation for the net costs I will incur as a result of your breaking the contract.
- Your rights in respect of defective products if you are a consumer
- If you are a consumer I am under a legal duty to supply products that are in conformity with this contract.
- Your rights in respect of defective products if you are a business
- If you are a business customer I warrant that on delivery, and for a period of 3 months from the date of delivery (“Warranty Period”), any products which are goods shall:
- conform in all material respects with their description; and
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
- Subject to clause 11.3, if:
Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To: Anunita Majumdar
Address: 1 Ringmore Road, Walton on Thames, Surrey KT12 3DQ
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
I shall, at my option, repair or replace the defective product, or refund the price of the defective product in full.
- I will not be liable for a product's failure to comply with the warranty in clause 11.1 if:
- you make any further use of such product after giving a notice in accordance with clause 11.2.1;
- the defect arises because you failed to follow my oral or written instructions as to the storage, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises as a result of me following any drawing, design or specification supplied by you;
- you alter or repair the product without my written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 11, I shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 11.1.
- These terms shall apply to any repaired or replacement products supplied by me under clause 11.2.
- Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. I take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if I discover an error in the price of the product you order.
- What happens if I got the price wrong. It is always possible that, despite my best efforts, some of the products I sell may be incorrectly priced. I will normally check prices before accepting your order so that, where the product's correct price at your order date is less than my stated price at your order date, I will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, I will contact you for your instructions before I accept your order. If I accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, I may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. I accept payment with most of the major credit cards. You must pay for the products before I dispatch them. I will not charge your credit or debit card until I dispatch the products to you.
- My right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to me under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- I can charge interest if you pay late. If you do not make any payment to me by the due date I may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me interest together with any overdue amount.
- MY responsibility for loss or damage suffered by you if you are a consumer
- I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract but I am 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 I and you knew it might happen, for example, if you discussed it with me during the sales process.
- I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or for fraud or fraudulent misrepresentation.
- Where I am not liable. I am not liable to you for any damage to the products which are caused by you. For example, you might doing the following things (the below is not an exhaustive list):
- tear the clothing;
- detach any buttons;
- shrink the clothing in the wash,
- allow the colour to run in the wash;
- unstitch the clothing; or
- generally not take care of the products
- and I am not responsible for any fair wear and tear to the products caused by the ordinary course of wearing the clothing over time.
- I am not liable for business losses. If you are a consumer I only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose my liability to you will be limited as set out in clause 14.
- MY responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude my liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 11.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 14.1:
- I shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
- loss of profit or revenue (whether direct or indirect);
- loss of business or anticipated savings (whether direct or indirect);
- loss of contract (whether direct or indirect);
- loss of reputation or goodwill (whether direct or indirect);
- loss or corruption of software or data (whether direct or indirect); or
- any indirect or consequential loss
- arising under or in connection with any contract between us; and
- How I may use your personal information
- Other important terms
- I may transfer our contract to someone else. I may transfer my rights and obligations under these terms to another individual or organisation. I will contact you to let you know if I plan to do this. If you are a consumer and you are unhappy with the transfer you may contact me to end the contract within 7 days of me telling you about it and I will refund you any payments you have made in advance for products not provided.
- You need my consent to transfer your rights to someone else (except that you can always transfer my guarantee). You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing. However, if you are a consumer you may transfer my warranty at clause 10.1 to a person who has acquired the product. I may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and me. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of my guarantee.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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 I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I 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 me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the products, I can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en).
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.