Terms
1. These terms
1.1 These are the terms and conditions on which we supply products to you (“Terms”). It is important that you read these Terms before you submit your order to us (“Order”).
1.2 We are Candy Beads a sole trader, whose address is Lackbridge Cottage, Littlecote, Hungerford RG170SX. You can contact us in writing at info@candybeads.co.uk or the address above.
1.3 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. Our contract with you
2.1 Please ensure the email address you provide us is correct, as our 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.
2.2 If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the product(s). This might be because a product is out of stock, your payment is not authorised, or because we have identified an error in the price or description of a product.
2.3 We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order number whenever you contact us about your Order.
2.4 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
2.5 The price of a product (which includes VAT) will be the price indicated on the Order pages when you placed your Order. We use our best efforts to ensure that the price of a product advised to you is correct.
2.6 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. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any product(s) provided to you.
2.7 We accept payment via debit card or credit card. You must pay for the product(s) before we dispatch them.
3. Our products
3.1 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 device's display of the colours accurately reflects the colour of the products. Your product(s) may vary slightly from those images.
3.2 The packaging of the product(s) may vary from that shown in images on our website.
3.3 If you wish to make a change to the product(s) you have ordered or personalise the product(s) , 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 product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
3.4 We may change the product(s) to reflect changes in relevant laws and regulatory requirements.
4. Providing the products
4.1 The costs of delivery will be as displayed to you on our website.
4.2 During the order process we will let you know when we will provide the product(s) to you. We will deliver the product(s) to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order.
4.3 If no one is available at your address to take delivery and the product(s) cannot be posted through your letterbox, our delivery provider will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot.
4.4 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot and despite our or our delivery provider’s reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
4.5 A product will be your responsibility from the time we deliver the product to the address you have provided us.
4.6 You own the product once we have received payment in full.
4.7 We may need certain information from you so that we can supply the product(s) to you, for example, name, address, email address and telephone number. If you do not give us this information we will not be able to supply the product(s) you ordered and the contract will end. We will not be responsible for failing to supplying product(s) if this is caused by you not giving us the information we need.
5. Cancellation Rights and Returns Policy
5.1 Right to change your mind
(a) For most products bought online you have a legal right to change your mind within 14 days of the delivery date and receive a refund (“cooling-off period”). However as we only provide personalised products and bespoke products, you do not have a right to a cooling-off period.
5.2 Damaged or Defective Products
(a) You should inspect the product(s) when you receive them for damage or defects. Once received, if the product(s) are not of satisfactory quality, not as described or have been damaged, you must notify us.
(b) If you have any questions or complaints about any product(s) received, please contact us at info@candybeads.co.uk. Please provide your name, home address, details of the Order, photographs of the damaged or defective product(s) and, where available, your phone number and email address.
(c) If a product is damaged or defective we will either replace them free of charge as soon as possible or if you wish to exercise your legal rights to reject products, you will receive a full refund. We may request that you post the damaged or defective products back to us, in their original conditions and packaging within 30 days of receipt.
5.3 Ending the contract because of something we have done. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to a product or these Terms which you do not agree to;
(b) we have told you about an error in the price or description of a product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of a product may be significantly delayed because of events outside our control; or
(d) we have suspended supply of a product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or you have a legal right to end the contract because of something we have done wrong.
5.4 To end the contract with us, email us at info@candybeads.co.uk. Please provide your name, home address, details of the Order and, where available, your phone number and email address;
5.5 If you end the contract for any reason outlined in clause 5.1 or clause 5.3 after products have been dispatched to you or you have received them, you must return them to us at Lackbridge Cottage, Littlecote, Hungerford RG17 0SX.
5.6 We will refund the costs of return:
(a) If a product is damaged, defective or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product(s) 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 if you have changed your mind, you must pay the costs of return.
6. Refunds
6.1 We will refund you the price you paid for the product(s) including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
6.2 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 product(s), 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 product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
(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 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
6.3 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) if you have received the product(s), your refund will be made within 14 days from the day on which we receive the product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us; or
(b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
7. Our rights to end the contract
7.1 We may end the contract at any time by writing to you if:
(a) you do not provide us with information that is necessary for us to provide the product(s); or
(b) you do not, within a reasonable time, allow us to deliver the product(s) to you.
7.2 If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
8. Our liability to you
8.1 Nothing in these Terms excludes our liability (if any) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
8.2 We are only 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 where they could be contemplated by you and us at the time your Order is accepted by us.
8.3 We only supply the product(s) for domestic and private use. If you use the product(s) 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.
8.4 We shall not be responsible for any delay in, or failure of, performance of our obligations under these Terms arising from any event beyond our reasonable control. If any event beyond our reasonable control takes place that affects our performance of our obligations we will notify you as soon as possible and our obligations under these Terms will be suspended and the time for performance extended for the duration of the event outside our reasonable control.
9. Other important terms
9.1 We will only use your personal information as set out in our Privacy Policy.
9.2 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
9.3 You may not transfer your rights or your obligations under these Terms to another person.
9.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
9.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.6 No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies present any other or further exercise of them.
9.7 These Terms are governed by English law and you can bring legal proceedings in respect of the product(s) in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) in either the Northern Irish or the English courts.