Terms and Conditions of Sale
Please read all these terms and conditions.
1. These Terms and Conditions will apply to the purchase of Goods, by you (the Customer or you) from Elizabeth De Nobrega trading as Magical Story Jars of Lowry Close, Lostock Hall, Preston, Lancashire, PR5 5ND with the email address email@example.com; telephone number 07762779670 (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
5. Delivery Location means the premises or other location where the Goods are to be supplied, as set out in the Order;
6. Goods means any Goods that we supply to you, of the number and description as set out in the Order;
7. Order means the Customer’s order for the Goods from the Supplier as set out overleaf.
8. The description of the Goods is as set out in or website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour and size.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
12. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer.
13. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered not unless the variation is agreed by the Customer and the Supplier in writing.
14. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer
Price and payment
15. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price we may agree in writing.
16. Prices and charges include VAT at the rate applicable at the time of the Order.
17. Payment must be made by submitting your credit or debit card details with your Order and we can take payment immediately.
18. We will deliver Goods to the Delivery Location within a reasonable time frame
19. In any case, regardless of events beyond our control, if we do not deliver Goods within a reasonable time frame, you can (in addition to any other remedies) treat the Contract at an end if:
a. We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract that delivery on time was essential; or
b. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
20. If you treat the Contract at an end, we will (in addition to any other remedies) return promptly all payments made under the Contract.
21. We deliver to addresses outside England and Wales, Scotland, Northern Ireland, The Isle of Man and Channel Islands. There may be import duties and other taxes that need to be paid, in which you will be wholly responsible for paying for.
22. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provision and provided you are not liable for extra charges.
23. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
24. The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
25. Risk and damage to, or loss of, the Goods will pass to you when the Goods are delivered.
Withdrawal and cancellation
26. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
Circumstances beyond the control of either party
27. In the event of any failure by a party because of something beyond its reasonable control;
a. The party will advise the other party as soon as is reasonably practicable.
b. The party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and right to cancel below.
28. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulations with regard to your personal information.
30. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
31. The Supplier does not exclude liability for: (i) any fraudulent act or omission; (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
32. The Contract (including any non-contractual matters) is Governed by the law of England and Wales.
33. Disputes can be submitted to the jurisdiction of the courts of England and Wales, or where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
34. We try to avoid any dispute, so we deal with complaints as follows: if a problem occurs, customers should contact us directly. We aim to respond with an appropriate solution within 5 working days.