Handmade Pens and Gifts
TERMS AND CONDITIONS FOR SALE OF GOODS
1. THESE TERMS
These are the terms and conditions on which we supply goods to you through our website: Arketa.co.uk(our site). Please read these terms carefully before you submit your order to us. If you access our site and/or place an order for products from our online shop, you agree to be bound by these terms and conditions.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Arketa, Pens and Gifts
2.2. How to contact us. You can contact us by telephoning on 01480 474 007 or by emailing us at firstname.lastname@example.org.
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. Your order only constitutes an offer to purchase goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your order contains a series of offers for each product individually. 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 in writing 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. On receipt of your order, we will send you an order acknowledgement email to the email address which you provide in the order process. This order acknowledgement email will contain your order number, details of the goods ordered and a delivery estimate. Please use your order number when contacting 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 computer or other device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2. Product packaging may vary. The packaging of the product may vary from that which may be shown in images on our website.
4.3. Promotions. From time to time, we may send out promotional codes (codes) in newsletters or emails to you. These may be used during the checkout process on goods from our online shop only and should be added in the box marked ‘promotional code’. Only one code may be redeemed per transaction and each code may only be used once. Codes may not be used in conjunction with other promotions or offers that may be available on the online shop. We reserve the right to refuse to accept a code for any reason, including if we suspect misuse of the code.
5. OUR RIGHTS TO MAKE CHANGES
More significant changes to the products and these terms. We reserve the right to change the terms and conditions under which our site and the goods are provided. Any such change in the terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on our site. You should check the terms and conditions posted on our site periodically to ensure that you are aware of and comply with the current version.
6. PROVIDING THE PRODUCTS
6.1. Delivery costs. Delivery costs will be notified to you during the order process before you submit your order.
6.2. When we will provide the products. We will use reasonable endeavours to deliver goods that are in stock within fourteen days of us accepting your order. If your order contains more than one item, they may be sent out separately.
6.3. 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.
6.4. If you are not at home when the products are delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will be left a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5. If you do not re-
6.6. Your legal rights if we deliver goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value.
6.9. When you become responsible for the goods. Risk of loss and damage of the goods passes to you from the time we deliver the product to the address you gave us or a carrier organised by you or you collect it from us.
6.10. When you own goods. You own a product which is goods once we have received payment in full.
7. YOUR RIGHTS TO END THE CONTRACT
7.1. 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:
(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 to get some or all of your money back), see clause 10;
(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 7.2;
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.5.
7.2. 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 (c) 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 (see clause 5);
(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; or
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control.
7.3. Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
7.4. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
You have 14 days after the day you (or someone you nominate) receives the goods, unless:
Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
7.5. 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 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods 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 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.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1. Tell us you want to end the contract. To end the contract with us, please let us know by calling on 01480 474 007 or emailing us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2. 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 in their original condition. You must either return the goods in person to where you bought them or post them back to us at: 13 Little End Road, Eaton Socon, St Neots, Cambs, PE198JH. If you are exercising your right to change your mind you must return the goods within 14 days of telling us you wish to end the contract.
8.3. 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4. How we will refund you. 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.
8.5. Deductions from refunds if you are 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-
8.6. 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:
(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. For information about how to return a product to us, see clause 8.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. OUR RIGHTS TO END THE CONTRACT
9.1. 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) your payment for the product is rejected for any reason and you still do not make payment within seven days of us reminding you that it is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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.
9.3. 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 endeavour to let you know at least 14 days in advance of our stopping the supply of the product, where possible, and will refund any sums you have paid in advance for products which will not be provided.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 01480 474 007 or write to us at Arketa, 13 Little End Road, Eaton Socon, St Neots, Cambs, PE198JH .
10.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Goods must be as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality and fit for any particular purpose made known to us. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can reject them and get a refund.
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Your rights are set out in further detail below.
10.3. Your obligation to return rejected products. If goods are faulty, you may reject them within 30 days from you taking ownership of the goods and delivery of the goods to you. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage. Please call us on 01480 474 007 or email us at firstname.lastname@example.org for a return label.
10.4. Your right to repair or replacement. If goods are faulty, you may contact us and ask us to repair or replace the goods. We will do this within a reasonable time from receiving a request from you, at our cost and without significant inconvenience to you, unless the repair or replacement of the goods is impossible for any reason or would be disproportionate compared to other remedies available to you under these terms. If you request or agree to the repair or replacement of the goods, the 30 day period mentioned in clause 10.3 above stops running for the period from when you request or agree to the repair or replacement of the goods to the day on which you receive the goods back from us following repair or replacement. Once goods are returned to you, you then have the longer of seven days or the rest of the original 30 day period to request a further repair or replacement.
10.5. a) Your final right to reject or a reduction in price. You may:
(i) request a reduction in price by an appropriate amount and a refund from us for anything already paid above the reduced amount; or
(ii) reject the goods
only once the goods have been repaired or replaced once but still do not confirm to the contract, it is impossible or disproportionate for us to repair or replace the goods or you have requested us to repair or replace the goods but we have not done so within a reasonable time and without significant inconvenience to you.
b) If you exercise your final right to reject, any refund to you may be reduced by a deduction for use, to take account of the use you have had of the goods in the period since they were delivered, unless the final right to reject is exercised in the first six months from the day the goods were delivered and you took ownership of them.
11. PRICE AND PAYMENT
11.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3. What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell 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.
11.5. 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 and we will not charge you interest until we have resolved the issue.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1. 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.
12.2. 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 as summarised at clause 10.2 and for defective products.
12.3. 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-
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1. How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2. We will only give your personal information to third parties where you agree or where the law either requires or allows us to do so.
14. OTHER IMPORTANT TERMS
14.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2. 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.
14.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4. 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.
14.5. 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.
Our Terms and Conditions