Terms & Conditions - Alexia Claire
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
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 our 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. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Alexia Claire Limited a company registered in England and Wales. Our company registration number is 12414853 and our registered office is at Oak Business Centre Ratcliffe Road, Sileby, Loughborough, Leicestershire, England, LE12 7PU.
2.2 What we do. We provide wildlife inspired stationery and giftware (the Services).
2.3 How to contact us. You can contact us by writing to us at Alexia Claire, Oak Business Centre Ratcliffe Road, Sileby, Loughborough, Leicestershire, England, LE12 7PU or email [email protected]
2.4 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.
2.5 "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 for Services. Our acceptance of your order for Services 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 in writing and will not charge you for our Services.
4. Our SERVICES
4.1 Our Services may vary from the pictures advertised online. The images of our products and the Services on our website are for illustrative purposes only.
4.2 Packaging may vary. The packaging of our products may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order 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 Service, the timing of supply or anything else which would be necessary as a result of your requested change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
Minor changes to the Services. We may change our Services:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security or allergy threat. These changes will not affect your use of our Services.
7. PROVIDING THE SERVICES
7.1 We will begin our Service as soon as is practically possible after receiving your order.
7.2 We are not responsible for delays outside our control. If our supply of the Services 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.
7.3 If we have agreed to deliver your order and you are not at home when your order is delivered. If no one is available at your address to take delivery of your order and they cannot be posted through your letterbox or otherwise left in a secure location, we will leave you a note informing you of how to rearrange delivery.
7.4 When you become responsible for your order. The order will be your responsibility from the time we deliver these to the address you gave us.
7.5 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services and order to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services and your order late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.6 We may suspend supply of the Services and the order if you do not pay. If you do not pay us for the Services and the order when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Services and the order until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services and the order.
8. YOUR RIGHTS TO END THE CONTRACT/CANCELLATIONS
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 and when you decide to end the contract:
8.1.1 If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
8.1.2 If you have just changed your mind, see clause 3.
8.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see clause 6
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 8.2.1 to 8.2.5 below the contract will end immediately. The reasons are:
8.2.1 we have told you about an upcoming change to the Services or these terms which you do not agree to;
8.2.2 we have told you about an error in the price or description of the Services or items you have ordered, and you do not wish to proceed;
8.2.3 there is a risk that supply of the Services or your order may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the Services or your order for technical reasons, or notify you we are going to suspend them for technical reasons; or
8.2.5 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 (Consumer Contracts Regulations 2013). For most Services or orders bought online you have a legal right to change your mind within 14 days and receive a refund (subject to clauses 8.4 and 8.5 below).
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 Services, once these have been completed; and
8.4.2 Orders sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.5 How long do I have to change my mind? You have 14 days after your order. However, once we have completed the Services you cannot change your mind, even if the period is still running.
8.6 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 do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for our Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your 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 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by writing to us at Alexia Claire, Oak Business Centre Ratcliffe Road, Sileby, Loughborough, Leicestershire, England, LE12 7PU or email [email protected]
9.2 How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then 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:
10.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2. 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,
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will not refund any money you have paid in advance for products and we may deduct or charge you for reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH OUR SERVICES
How to tell us about problems. If you have any questions or complaints about the product, please let us know by writing to us at Alexia Claire, Oak Business Centre Ratcliffe Road, Sileby, Loughborough, Leicestershire, England, LE12 7PU or email [email protected]
12. PRICE AND PAYMENT
12.1 Where to find the price for our Services. The price of our Services 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 our Services as advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of our Services you have ordered.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. If this is the case we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay.
Payment terms vary depending on whether the order is by a organisation, shop or trade customer or by individuals.
12.4.1 If the Services are booked by a organisation, shop or trade customer (for which we have confirmed in writing that the following payment terms will apply). Payment is due within 14 days of the date of our invoice.
12.4.2 If the Services booked are by an individual (e.g. a product ordered through the website). Full payment is normally made at the time of the order.
12.5 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 8% 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.
12.6 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.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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.
13.2 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.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you an us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 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 Services, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.