Website terms and conditions of supply of goods
This page gives you information about us and the legal terms and conditions (TERMS) on which we sell any of the products (PRODUCTS) listed on our website (OUR SITE) to you.
These Terms will apply to any contract between us for the sale of Products to you (CONTRACT). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on the 16th January 2017.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.peaudechagrin.com. We are A Lapis Limited, a company registered in England and Wales under company number 09056157 and with our registered office at Devonshire House, 1 Devonshire Street, London, W1W 5DR. Our main trading address is 75 Sydenham Hill, London, SE26 6TQ, United Kingdom. Our email address is email@example.com.
1.2 Contacting you
If we have to contact you or give you notice in writing, we will do so by e-mail to the e-mail address you provide to us in your order.
2. OUR PRODUCTS
2.1 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 that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. All of our Products are individual and handmade.
2.2 The Packaging of the Products may vary from that shown on images on our site.
3. USE OF OUR SITE
Your use of our site is governed by these Terms. Please take the time to read this, as they include important terms which apply to you.
4. PURCHASE OF PRODUCTS
4.1 You may only purchase Products from our site if you are at least 18 years old.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 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 clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the order have been accepted (ORDER CONFIRMATION). The Contract between us will only be formed when we send you the Order Confirmation.
5.4 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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.2, 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 including any delivery costs charged as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms (if any) were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) changes in the way that our business operates as and where we roll out new Products, goods or services (if and when applicable).
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. YOUR CONSUMER RIGHT OF RETURN AND REFUND
7.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
7.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract is for a single Product (which is not delivered in instalments on separate days).
End of the cancellation period
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
7.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form at the end of these Terms on our website. If you use this method we will e-mail you to confirm we have received your cancellation.
7.4 You can also e-mail us at firstname.lastname@example.org. When you are e-mailing us please include details of your order to help us identify it. Your cancellation is effective from the date you send us the e-mail letter to us. If you cancel your Contract we will:
(a) refund you the price you paid for the Products less any sum reasonable deductible to reflect any loss or damage to the Product as caused by you;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer;
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you,14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.5;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you,14 days after you inform us of your decision to cancel the Contract.
7.5 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.6 We will refund you on the credit card or debit card used by you to pay. If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract using a reputable courier.
(b) unless the Product is faulty or not as described (in this case, see clause 7.4), you will be responsible for the cost of returning the Products to us using a reputable courier. If the Product is one which cannot be returned by courier, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
7.7 We are under a legal duty to supply Products that are in conformity with this Contract. You have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms.
8.1 We will contact you with an estimated delivery date. Because of the bespoke nature of the Products, which are tailor made following each delivery, delivery will take place within 6 months after the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
8.2 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. If more than one attempt to deliver needs to be made, we reserve the right to levy an additional delivery charge.
8.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
8.5 If we miss the 90 days delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.7 If you do choose to cancel your Order for late delivery under clause 8.5 or clause 8.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9. INTERNATIONAL DELIVERY
9.1 Our postal service provider is Deutsche Post DHL Group and we therefore deliver to all destinations offered by their services (DHL DELIVERY DESTINATION). If the country you wish to deliver to is not a DHL DELIVERY DESTINATION we can discuss with you alternative options.
9.2 If you order Products from our site for delivery to one of the DHL Delivery Destinations outside the European Union, you are formally responsible for the import; your order will be subject to an additional charge of EUR 350; we will arrange for all import duties/taxes etc. to be paid by the shipping company on your behalf.
9.3 If you order Products from our site for delivery to a DHL Delivery Destinations address within the European Union, your order will be subject to additional charge of UK VAT, which will be added at the applicable current rate chargeable in the UK for the time being, currently 20%. 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.
9.4 You must comply with all the applicable laws and regulations of the country for which the Product is destined. We will not be liable or responsible if you break any such law.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.2 If we discover an error in the price of the Products you have ordered we will contact you in writing to 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, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. HOW TO PAY
11.1 All payments made on our site are processed by Stripe Inc, a third party payment processor made available on our site. You must comply with the terms and conditions of all agreements between you and Stripe Inc, https://stripe.com/gb/terms, and if you have any disputes regarding the processing of your payment you must deal directly with Stripe Inc to deal with the dispute. Payment for the products and all applicable delivery charges is in advance. We charge your debit card or credit card as soon as we receive the order.
12. OUR WARRANTY FOR THE PRODUCTS
12.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification provided by you.
12.3 this warranty is in addition to, and does not affect, your 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.
13. OUR LIABILITY
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) title and quiet possession;
(d) any breach of the terms implied by the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 below in clause 14.2.
14.2 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.
14.3 If an EVENT OUTSIDE OUR CONTROL takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(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.
14.4 You may cancel a Contract affected by an EVENT OUTSIDE OUR CONTROL which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to "in writing", this will include e-mail. You may contact us as described in clause 1.1.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
16.2 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. However, the recipient of your gift of a Product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
16.3 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.
16.4 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.
16.5 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.