ITSY DO – Terms and Conditions of Business
1. Interpretation
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Delivery Charges: our cost of delivering the Goods to you as itemised in our Price List
Order: your order for the purchase of Goods
Order Confirmation: shall mean when we issue you with written or email acceptance of an Order.
Price List: shall mean the prices as listed on our website from time to time.
Terms: the terms and conditions set out in this document.
Goods: means the ITSY DO Goods defined in the Order Confirmation.
Website: shall mean www.itsydo.co.uk
We or Us: shall mean ITSY DO.
You: shall mean you the Purchaser of Goods
Writing: or written does include e-mail.
1.2 Headings do not affect the interpretation of these terms.
2. Basis of Sale
2.1 These Terms, the Order Confirmation and our Price List are considered by us to set out the whole agreement between you and us for the purchase of Goods. Please read this agreement carefully.
2.2 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. Once we have received your Order and payment from you, we will send you an Order Confirmation, confirming the Goods ordered.
2.3 These Terms shall become binding on you and us when we issue you with an Order Confirmation at which point a contract shall come into existence between us.
2.4 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements.
3. Cancellation Policy
3.1 You may at any time within 7 calendar days of receiving an Order Confirmation amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
3.2 In the event you should change your mind and cancel your Order pursuant to clause 3.1 above, we ask that you return the goods unused, unopened and in their original packaging by recorded delivery and that you obtain proof of postage.
3.3 Notwithstanding clause 3.1 and 3.2, you shall have no right to cancel for Goods which require a personalised specification such as Fabric and Ribbon Trimmings which are cut to your order as itemised in our Price List and shown on our Website.
4. The Goods
4.1 We warrant that on delivery the Goods shall conform in all material respects with their description subject to any qualification or representation contained in our brochures, advertisements, Website or any other documents, be of satisfactory quality; be fit for any purpose we say the Goods are fit for, and comply with all applicable statutory and regulatory requirements save that for any handmade items made to your specification, such items are individually handmade and therefore have not been tested to the latest British Standard.
4.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party after you have received the Goods or if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
4.3 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
4.4 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
5. Returns
5.1 In the unlikely event that the Goods do not conform with these Terms, please let us know with 7 days after delivery. We will ask you to return the Goods to us and once we have checked that the Goods are faulty, we will provide you with a full or partial refund, replace the Goods or repair the Goods.
5.2 These Terms will apply to any repaired or replacement Goods we supply to you.
5.3 Please note, for Goods which require fabric and ribbon trimmings cut to your order as itemised in our Price List and shown on our Website, you hereby consent to pay our prices for the work undertaken in producing the Goods regardless of whether you later opt to return the Goods.
6. Delivery
6.1 We will aim to despatch the Goods to you within 2 days of the Order Confirmation but by no later than 14 calendar days of the date set out in the Order.
6.2 For deliveries to Northern Ireland or Scotland deliveries may require up to an additional 5 calendar days.
6.3 Delivery of the Order shall be completed when we deliver the Goods to you.
6.4 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
6.5 In the event you are concerned that your Order has been delayed or misplaced, please allow plenty of time before contacting us about a missing order as it may still be in transit. Royal mail does not allow claims for missing post until 15 working days have elapsed. If after this time you still have not received your goods we will send a replacement package and make a claim for lost post. Should the parcel be subsequently delivered please notify us immediately.
6.6 If you fail to take delivery of an Order 14 calendar days of the date set out in the Order, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control we shall have no liability to you for late delivery.
7. Title and Risk
7.1 The Goods will be your responsibility from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including Delivery Charges.
8. Price and payment
8.1 The price of the Goods will be as set out in the Order Confirmation we provided to you or, if the Order has expired then, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
8.2 These prices exclude Delivery Charges, which will be itemised on your Order and added to the total amount due.
8.3 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
8.4 Payment for all Goods must be made in advance by paypal or cheque. In respect of payments by cheque, we will not release the Goods to you until we have received payment in cleared funds.
8.5 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
9. Limitation of liability: your attention is particularly drawn to this clause
9.1 Subject to clause 9.3 and clause 9.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
9.2 Subject to clause 9.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories: loss of income or revenue; loss of profit; loss of business; loss of anticipated savings; loss of data; or any waste of time. However, this clause 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
9.3 Nothing in this agreement excludes or limits in any way our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the obligations 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 other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9.4 It is your responsibility to ensure you provide the correct delivery address for your Order. We accept no liability for delivery to an incorrect address provided by you.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11. Notices
All notices sent by you to us must be sent by email to do@itsydo.co.uk,. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter.
12. General
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2 If we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.