Atsura Ltd (Things British) – Terms of Online Purchase & Returns Policy ‘Terms and Conditions’
Last Updated 29th March 2012.
This page (together with the documents referred to on it) tells you the terms and conditions on which you can purchase products (Products) listed on our website www.thingsbritish.co.uk (our site). Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of the Makers’ Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
These terms may be revised and amended from time to time .
You will be subject to the policies and terms and conditions in force at the time that you order Products, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Maker notifies you of the change to those policies or these terms and conditions before they send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify the Maker to the contrary within seven working days of receipt by you of the Products).
1. Information about us
1.1 We operate the website www.thingsbritish.co.uk. We are Atsura Ltd, a company registered in England and Wales under company number 07466870 and with our registered office at 29-30 Fitzroy Square, London W1T 6LQ.
1.2 We operate our site as a venue for the buying and selling of products between customers and the Makers. We do not form any part of the buying and selling relationship between you and the Makers and you contract with each Maker directly on these terms of purchase & returns policy when you purchase products from them.
2. Information about you
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
3. How the contract is formed between you and the makers.
3.1 After placing an order and making full payment, you will receive an e-mail from the applicable Maker acknowledging that they have received your order and full payment. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Maker to buy a Product from them. All orders are subject to full payment being made and acceptance by the Maker, and they will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between you and the Maker (Contract) will only be formed when they send you the Dispatch Confirmation. If for any reason the Maker does not accept your order your money will be refunded in full.
3.2 The Contract will relate only to those Products whose dispatch the Maker has confirmed in the Dispatch Confirmation. The Maker is not obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Our status
4.1 Please note that where you order Products on our site the resulting legal contract is between you and the Maker, subject to these terms and conditions and any other terms which the Maker may have, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.
4.2 We cannot give any undertaking that products you purchase from Makers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the Maker. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.
4.3 We may disclose your personal information related to a transaction on our site to the Maker.
4.4 Where a link on our site leads to another online shop that online shop is of no relationship whatsoever to us or the Makers. In the event that you purchase any product from an online shop accessed through our website you do so at your own risk and without any liability whatsoever on our part or the Makers’ part.
5. Consumer rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will, subject to returning the products in their original condition, receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform the Maker in writing. You must also return the Products to the Maker as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, the Maker may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
(a) Products that have been customised or personalised cannot be returned, unless this customisation or personalisation is deemed to be faulty or incorrect;
(b) Products that would be considered a hygiene risk if returned, such as underwear, earrings, baby clothing or products with a broken safety seal such as cosmetics;
(c) Any form of gift voucher supplied by the Maker;
(d) Any other basis under the Consumer Protection (distance selling regulations) 2000.
5.4 This provision does not affect your other statutory rights as a consumer.
6. Availability and delivery
Your order will be fulfilled within 30 calendar days of the date the Dispatch Confirmation is sent to you, unless there are exceptional circumstances.
7. Risk and title
7.1 The Products will be your responsibility:
(a) from the time of delivery where you have requested and paid for the Products to be posted by recorded delivery; or
(b) from the time of postage where you have requested and paid for the Products to be posted by regular non-recorded delivery.
7.2 The Maker may only dispatch your order to an address that has been confirmed by the Merchant; such as PayPal. If the address entered when you place your order (used to calculate shipping rates, where applicable) differs from the one confirmed by the Merchant then the Maker may only dispatch to the confirmed address and may disregard the address you entered when placing your order. You will be notified in writing by the Maker before your order is dispatched when this happens.
8. Price and payment
8.1 The price of the Products and delivery charges will be as quoted by the Maker from time to time, except in cases of obvious error.
8.2 Product prices include VAT.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which a Maker has already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. Each Maker will normally verify prices as part of their dispatch procedures so that, where a Product's correct price is less than our stated price. If a Product’s correct price is higher than the price stated on our site, the Maker will normally, at their discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that they are rejecting it.
8.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, the Maker does not have to provide the Products to you at the incorrect price.
8.6 Payment for all Products must be made via PayPal as directed on our site.
9. Refunds policy
9.1 If you have purchased a Product from one of the Makers then you can notify the Maker that you want to return the Products to them, for an exchange or a refund. To notify the Maker of this you can log in to our site and review your orders from the Shop Online > Track My Orders menu option. Locate the order in question and click the Request Refund option. The Maker will notify you by email within 14 days on the process of refund and/or exchange.
9.2 If you return a Product to a Maker:
(a) because you have cancelled the Contract within the seven-day cooling-off period (see clause 5.1 above), the Maker will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave notice of cancellation. In this case, the Maker will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to the Maker.
(b) for any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), the Maker will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. The Maker will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day they confirmed to you via e-mail that you were entitled to a refund. The Maker will refund the price of a defective Product in full and where the Product is faulty, any applicable reasonable delivery charges you incur in returning the item to the Maker.
(c) package the Products safely and securely in such manner as the Maker requests, or in the absence of such request in the actual or similar type of packaging that the Maker supplied the Products to you.
9.3 The Maker will refund any money received from you using the same method originally used by you to pay for your purchase.
9.4 Please check against each listing to ensure that a Product is allowed to be returned and/or exchanged as you are not entitled to return any products listed in clause 5.3.
9.5 All returned Products whether under this clause 9, or clause 5 are returned at your own risk and you are therefore advised to use a tracked delivery service.
9.6 Any refund other than on the basis of the Products being damaged because they are defective or faulty (or otherwise under your statutory rights as a consumer) will only be considered where the Product is returned in their original condition.
10. Our liability
10.1 As we form no part of the contractual relationship between you and the Maker and there is no contractual relationship regarding the purchase of the Products between you and us, we shall have no liability to you whatsoever.
11. Maker’s Liability
11.1 Subject to clause 11.3, if the Maker fails to comply with these terms and conditions, they shall only be liable to you for the purchase price of the Products and, subject to clause 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.2 Subject to clause 11.3, the Maker will not be liable for losses that result from their failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 11.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.2.
11.3 Nothing in this agreement excludes or limits a Maker’s liability for:
(a) death or personal injury caused by their negligence;
(b) fraud or fraudulent misrepresentation;
(c) 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;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for the Maker to exclude or attempt to exclude their liability.
12. Written communications
Applicable laws require that some of the information or communications a Maker sends to you should be in writing. When using our site, you accept that communication with each Maker will be mainly electronic. A Maker will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Maker provide to you (whether directly, or as posted on our site) electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
You must ensure that all correspondence with the Maker is done through the "Send a Message" feature on our site.
13. Events outside the maker’s control
13.1 The Makers 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 events outside their reasonable control (Force Majeure Event).
13.2 A Maker’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and they will have an extension of time for performance for the duration of that period. The Maker will use their reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which their obligations under the Contract may be performed despite the Force Majeure Event.
14. Severability
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract 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.
15. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
16. Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
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