OUR TERMS

1.                  These terms

1.1               What these terms cover. These are the terms and conditions on which we supply products to you.

1.2               Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you                           who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is                       a problem and other important information.

1.3               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.

  •     You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft          or profession).

1.4               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 us 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 behalf of us which is not set out in                     these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this                       agreement.

 

2.                 Information about us and how to contact us

2.1              Who we are. We are Charlotte Dee Designs a sole trader established in England and Wales.  Our address is 10 Maybury                         Close, Frimley, Surrey, GU16 7HH.

2.2              How to contact us. You can contact us by writing to us at charlotte@charlottedeedesigns.com or by post to 10

                   Maybury Close, Frimley, Surrey, GU16 7HH.

2.3              How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address                     or postal address you provided to us in your order.

2.4              "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.                  Our contract with you

3.1                How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which                          point a contract will come into existence between you and us.

3.2                If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you                        for the product. This might be because the product is out of stock, because of unexpected limits on our resources which                        we could not reasonably plan for, because we have identified an error in the price or description of the product or                                    because we are unable to meet a delivery deadline you have specified.

3.3               Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It                            will help us if you can tell us the order number whenever you contact us about your order.

4.                  Our products

4.1               Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes                        only. Although we have made every effort to display the colours accurately, we 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                      we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights,                                      capacities, dimensions and measurements indicated on our website have a 5% tolerance.

4.2               Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5.                 Your rights to make changes

                       If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is                          possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or                                anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to                      go ahead with the change.

6.                   Our rights to make changes

6.1              Minor changes to the products. As we informed you in the description of the product on our website, we may make                              changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the                                    contract before the changes take effect and receive a refund for any products paid for but not received.

7.                  Providing the products

7.1               Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2                When we will provide the products. During the order process we will let you know when we will provide the products to                       you.

7.3               We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our                        control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the                        delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay                            you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4               Collection by you. If you have asked to collect the products from our premises, you can collect them from us by                                      arrangement.

7.5               When you become responsible for the goods. A product will be your responsibility from the time we deliver the product                      to the address you gave us.

7.6               When you own the goods. You own a product once we have received payment in full.

7.7              We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are                              supposed to (see clause 14.3) and you still do not make payment within five (5) days of us reminding you that payment                        is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to                          tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid                                invoice (see clause 14.6). We will not charge you for the products during the period for which they are suspended. As                            well as suspending the products we can also charge you interest on your overdue payments (see clause 14.5). 

8.                 Your rights to end the contract

8.1               You can always end your contract with us.  Your rights when you end the contract will depend on what you have                                    bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and                                whether you are a consumer or business customer:

(a)           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 a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and                                clause 13 if you are a business;

(b)           If you want to end the contract because of something we have done or have told you we are going to do,see clause 8.2;

(c)            If you are a consumer and have just changed your mind about the product, see clause 8.3. 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;

(d)           In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.4].

 

8.2              Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason                        set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have                            not been provided and you may also be entitled to compensation. The reasons are:

(a)           we have told you about an upcoming change to the product or these terms which you do not agree to);

(b)           we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)           there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)           we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical                            reasons, in each case for a period of more than thirty (30) days; or

(e)           you have a legal right to end the contract because of something we have done wrong.

8.3              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 fourteen (14) days and                    receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these                            terms.

8.4             Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and                     you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is                         completed, but you may have to pay us compensation. A contract is completed when the product is delivered and paid                           for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has                           changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by                     you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge                     you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9.0             How to end the contract with us (including if you are a consumer who has changed their mind)

9.1             Tell us you want to end the contract. To end the contract with us, please let us know by sending us an email                                            at charlotte@charlottedeedesigns.com Please provide your name, home address, details of the order and, where available,                    your phone number and email address.

9.2             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 us. You must post them back to us at 10 Maybury                      Close, Frimley, Surrey, GU16 7HH. If you are a consumer exercising your right to change your mind you must send off the                      goods within 14 days of telling us you wish to end the contract.

9.3             When we will pay the costs of return. We will pay the costs of return:

(a)           if the products are faulty or misdescribed; or

(b)           if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in                            pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result                  of something we have done wrong; or

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.  

9.4              How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the                           products including delivery costs, by the method you used for payment. However, we may make deductions from the                             price, as described below.

9.5             When we 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:

(a)           We 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 we refund you the price paid before we                    are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an                                      appropriate amount.

(b)           The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For                                  example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24                      hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6               When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer                                  exercising your right to change your mind then:

(a)           your refund will be made within 14 days from 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.

(b)           In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10.               Our rights to end the contract

10.1               We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)           you do not make any payment to us when it is due and you still do not make payment within five (5) days of us reminding you                    that payment is due;

(b)           you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the                            products;

(c)           you do not, within a reasonable time, allow us to deliver the products to you.

10.2            You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will                     refund any money you have paid in advance for products we have not provided but we may deduct or charge you                                     reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3            We may withdraw the product. We may write to you to let you know that we are going to stop providing the product.                         We will let you know at least five (5) days in advance of our stopping the supply of the product and will refund any sums                        you have paid in advance for products which will not be provided.

11.               If there is a problem with the product

                      How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can                          write to us at charlotte@charlottedeedesigns.com or by post to Charlotte Dee, 10 Maybury Close, Frimley, Surrey, GU16                        7HH.

12.              Your rights in respect of defective products if you are a consumer

12.1           If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box                       below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal                               rights.

 

12.2              Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either                        post them back to us. We will pay the costs of postage. Please email us at charlotte@charlottedeedesigns.com for a                              return label.

13.               Your rights in respect of defective products if you are a business

13.1            If you are a business customer we warrant that on delivery any products which are goods shall:

(a)           conform with their description; and

(b)           be free from material defects in design, material and workmanship.  

13.2            Subject to clause 13.3, if:

(a)           you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in                    clause 13.1;

(b)           we are given a reasonable opportunity of examining such product; and

(c)           you return such product to us at our cost,

                we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

13.3             We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:

(a)           you make any further use of such product after giving a notice in accordance with clause 13.2(a);

(b)           you alter or repair the product without our written consent; or

(c)           the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.4           Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the                         warranty set out in clause 13.1.

13.5           These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.

 

14.              Price and payment

14.1           Where to find the price for the product. The price of the product will be the price indicated on the order pages when                             you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.                               However please see clause 14.2 for what happens if we discover an error in the price of the product you order.

14.2            What happens if we got the price wrong. It is always possible that, despite our best efforts, some of thesell may be                               incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at                     your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct                       price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept                       your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably                       have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require                         the return of any goods provided to you.

14.3           When you must pay and how you must pay. We accept payment with Paypal or by credit or debit card. You must pay for                     the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

14.4           Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us                         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).

14.5           We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to                       you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC 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 us interest together with any overdue amount.

14.6            What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.                       You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest                     on correctly invoiced sums from the original due date.

15.              Our responsibility for loss or damage suffered by you if you are a consumer

15.1            We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are                       responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use                             reasonable care and skill[, but we are 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 we and you knew it                             might happen, for example, if you discussed it with us during the sales process.

15.2            We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for                     death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud                     or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive                           products which are: as described and match information we provided to you and any sample or model seen or examined                         by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care                           and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987

15.3            We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and                             private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as                         set out in clause 16.

16.              Our responsibility for loss or damage suffered by you if you are a business

16.1            Nothing in these terms shall limit or exclude our liability for:

(a)           death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)           fraud or fraudulent misrepresentation; or

(c)            any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2           Except to the extent expressly stated in these terms 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.

16.3           Subject to clause 16.1:

(a)           we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any                        loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)           our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract,                      tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products                      under such contract.

17.              How we may use your personal information

17.1            How we will use your personal information. We will only use your personal information in accordance with applicable                           laws.

18.              Other important terms

18.1           We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to                             another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect                       your rights under the contract.

18.2            You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).                         You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3            Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is                               between you and us. No other person shall have any rights to enforce any of its terms.

18.4            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.

18.5            Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do                             anything you are required to do under these terms, or if we 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 us taking steps against                         you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products,                     we can still require you to make the payment at a later date.

18.6            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.

18.7            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.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. 

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.