1.2 These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site (Order). Please note that before placing an Order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to Order any Products from our site.
1.3 You should print a copy of these Terms or save them to your computer for future reference.
1.4 We amend these Terms from time to time as set out in clause 6. Every time you wish to Order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were created on 19/09/14.
1.5 These Terms, and any Contract between us, are only in the English language.
2. Information about us
2.1 We are Spellman Productions Ltd, a company registered in England and with our registered office at Home Farm Works, Clifton Road, Deddington, Banbury, OX15 0TP. Our main trading address is the same as our registered address. Our VAT number is UK ####.
2.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form available at our returns page on our website. If you use this method we will e-mail you to confirm we have received your cancellation. Our contact information is as follows:
Home Farm Works, Clifton Road, Deddington, Banbury, OX15 0TP, Email: email@example.com
If you are emailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.
3. Our Products
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown on images on our site.
4. Use of our site
5. How we use your personal information
6. How the Contract is Formed Between Us
6.1 Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements and at the time of placing any Order, you represent and warrant to us that you do satisfy these age requirements. If you are underage, please do not attempt to Order these Products through our site.
6.2 Our shopping pages will guide you through the steps you need to take to place an Order with us. Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your order at each page of the Order process.
6.3 After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 6.4.
6.4 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. Our right to vary these Terms
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you Order Products from us, the Terms in force at the time of your Order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. Your consumer right of Cancellation, return and refund
8.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
8.2.1 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them; or
8.2.2 any Products which are made to your specifications or are clearly personalised.
8.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last of the separate Products ordered.
Example: if we provide you with an Order Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 15 January you may cancel in respect of any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
8.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form. Please see clause 2.2 for how to do this. If you use this method we will e-mail you to confirm we have received your cancellation.
Our contact details are as stated at clause 2.2. If you are e-mailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
8.5 If you cancel your Contract we will:
8.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop.
8.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). 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.
8.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product: 14 days after 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 8.8;
(b) if you have not received the Product 14 days after you inform us of your decision to cancel the Contract.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We will refund you on the credit card or debit card used by you to pay.
8.8 If a Product has been delivered to you before you decide to cancel your Contract:
8.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to our returns address which is provided at clause 2.2;
8.8.2 unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
8.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.1 We will contact you with an estimated delivery date, which will be within twenty-eight (28) days after the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your Order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
9.2 If no one is available at your address to take delivery, we will notify you of this fact and provide you with information as to whom to contact to rearrange delivery.
9.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9.5 If we miss the 28 day delivery deadline for any Products then, subject to clause 15, you may cancel your Order straight away if any of the following apply:
9.5.1 we have refused to deliver the Products;
9.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
9.5.3 you told us before we accepted your Order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9.7 If you do choose to cancel your Order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10. International delivery
10.1 The list of countries to which we deliver (International Delivery Destinations) is provided as part of the ordering process. However, please be aware that there are restrictions on some Products for certain International Delivery Destinations, so please ensure that no such restrictions apply to the Products you wish to Order before you order your Products.
10.2 If you Order Products from our site for delivery to one of the International Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any Order you have already placed.
11.3 The price of a Product excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your Order.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. How to pay
12.1 You can only pay for Products using a debit card or credit card. We will advise you of what cards we accept as part of the ordering process, before you confirm your Order.
12.2 Payment for the Products and all applicable delivery charges is in advance and your credit or debit card will be charged immediately after you place your Order.
13. Manufacturer guarantees
13.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
13.2 A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14. Our warranty for the Products
14.1 We give no warranty to you in relation to the Products other than that they will be of satisfactory quality. All other warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
14.2 Without prejudice to clause 14.1, any claim by you which is based on a shortfall in quantity of the Products or any defect in the quality or condition of the Products or their failure to correspond with our warranty in clause 14.1 shall be notified to us within 14 days from the date of delivery or (where a defect or failure was not apparent on proper inspection) within 14 days after discovery of the defect or failure.
14.3 If you do not notify us in accordance with clause 14.2, you shall not be entitled to reject the Products and we shall have no liability for such shortfall, defect or failure, and you shall be bound to pay the price. It is your responsibility (at your expense) to return any relevant Products to our premises if requested to do so by us to allow us to inspect the Products. For the purposes of this clause 14.3, time shall be of the essence.
14.4 If you do notify us in accordance with clause 14.2 and the claim is valid we shall (in the case of a shortfall) supply additional Products to make up the shortfall or (in any other case) shall be entitled to replace or repair the Products (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Products (or a proportionate part of the price), but we shall have no further liability to you. It shall be your responsibility to collect from our premises any Products returned pursuant to this clause if your claim in respect of those Products proves not to be valid.
14.5 Despite any of the other provisions of this clause 14, if you do not return the Products to us at our request or you have altered the Products (including any packaging) in any way you shall be deemed to have accepted such Products as being in all respects in accordance with the Contract.
14.6 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. Our liability To You
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 fraud or fraudulent misrepresentation;
15.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
15.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
15.3.5 defective products under the Consumer Protection Act 1987.
16. Events outside our control
16.1 We 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.3.1 we will contact you as soon as reasonably possible to notify you; and
16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than thirty (30) days by contacting us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17. Communications between us
17.1 When we refer in these Terms to "in writing" this will include e-mail.
17.2 You may contact us as described in clause 1.2.
18. Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.