TERMS AND CONDITIONS
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OVERVIEW
These Terms and Conditions (Terms), along with our Privacy Policy, provide information about us and the legal terms and conditions on which we sell goods and services (Products) on www.atypicalstuff.com website (Website) to you. Any reference in these Terms to we or us refers to Atypical Stuff Ltd.
Please read these Terms of Service carefully before using this website. By using any part of this site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not use the website or use any services.
You should print a copy of these Terms or save them to your computer for future reference. They will be included in the email confirmation we send to you when you place an order.
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes.
1 – ABOUT US
1.1 We are Atypical Stuff Ltd, a registered company in England and Wales under company number XXXXXXXX. Our registered office address in London, UK.
2 – OUR PRODUCTS
2.1 The images of the Products on our website and social media are for illustrative purposes only. We make every effort to ensure that the description and specification of the Products are correct and the photographic representation of the Products is as accurate as possible. 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.
2.2 Your Products may vary slightly from those images due to them being bespoke and individually handmade.
2.3 Availability and specifications of our Products are subject to change without notice, although we will try and give you notice wherever possible.
2.4 We request you not reproduce, duplicate, copy, sell, resell or exploit any of the Products without express written permission by us. If you fail to commit to this we are required to take legal action.
3 – USING OUR SITE
Your use of our site is regulated by the Privacy Policy and Terms of use for this website. Please ensure you read through these as it includes important terms which apply to you.
4 – USE OF PERSONAL INFORMATION
We use your personal information as stated in our Privacy Policy. Please ensure you read through these as it includes important terms which apply to you.
5 – ORDERING PROCESS
5.1 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.
5.2 Once order is placed you will receive an email of acknowledgment notifying that order has been received. NB: this does not mean order has been accepted. An email will be sent to confirm once order has been accepted and dispatched (Dispatch Confirmation). A Contract between us and you are formed once the Dispatch Confirmation is sent.
5.3 If we are unable to delivery any of the Products ordered, we will inform you by email and will not process your order. If payment has already been made for the Products a full refund including delivery cost will be completed.
5.4 We may refuse an order:
(a) where Products are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if we cannot meet your requested delivery date;
(e) if the order is to be delivered outside of the United Kingdom;
(g) if your order for Products which we have personalised or customised for you (Personalised Products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy; and/or
(h) if we believe your order is for commercial or other non-domestic concerns.
5.5 We reserve the right to brand all of our Personalised Products.
6 - MODIFICATIONS TO THE TERMS
6.1 We may amend these terms from time to time. Please check at the bottom of the terms to see the date of our latest update. Contracts between you and us will always apply to the current terms at the time of an order being processed.
6.2 Whenever there are laws and regulatory requirements to require terms to be revised we will do so. These may apply to your order, in this case we will notify you notice of change of terms and let you know how to cancel your Contract if you are unhappy with the changes.
6.3 If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
7 – ORDERS FOR PERSONALISED PRODUCTS
7.1 If you have placed an order for a Personalised Product, you will only be able to change or cancel your order in the following circumstances:
(a) You will have 1 hour from the time that you place an order for a Personalised Product to change or cancel your order. Once 1 hour has passed, a Personalised Product will be sent for production and you will not be able to cancel or change your order. (NB: Your 1 hour will start from the time that you place your order and will apply to orders outside of normal business hours.)
(b) If you have opted for next day delivery, your order must be placed before11.00am to receive a Product the next day. This delivery option is available on selected products and will be stated in product description. Personalised Products for next day delivery have a reduced order change or cancellation time of 30 minutes. After 30 minutes next day delivery order is placed you will NOT be able to make any changes or cancellation.
7.2 To change an order for a Personalised Product, please follow the instructions and link provided to you in the email acknowledging that we have received your order which will allow you to amend the personalisation and/or delivery address. Please note you will only be able to change the personalisation within the time periods specified in clause 7.1 above.
7.3 To cancel an order for a Personalised Product, please contact us within the time periods specified in clause 7.1.
7.4 Please check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling that you are responsible for and which you fail to amend in accordance with clause 7.1 above.
8 – YOUR CONSUMER RIGHTS
8.1 Consumers have a legal right to cancel a Contract during the period set out below in clause 8.4.
8.2 However, this cancellation right does not apply in the case of:
(a) any Personalised Products that have been sent for production (see clause 7.1);
(b) any perishable Products; and
(c) any personal items with a hygiene seal where the seal is broken
8.3 Your legal right to cancel a Contract starts from the date the Contract between us and you are formed. (see clause 5.2)
8.4 You will have a limited period of time to cancel your Contract depending on what you have ordered and how it is delivered.
(a) YOUR CONTRACT IS FOR A SINGLE ITEM (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 Goods.
(b) YOUR CONTRACT IS FOR MULTIPLE GOODS WHICH ARE DELIVERED ON SEPARATE DAYS. The end date is 14 days after the day on which you receive the last item ordered.
8.5 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 contact us at info@atypicalstuff.com with you order number and Cancel in the subject box. If you use this method we will e-mail you to confirm we have received your cancellation request. NB: Cancellations do not only apply to Products stated above (see clause 8.2)
8.6 If you cancel you Contract we will:
(a) refund you the price you paid for the Products. However, we are permitted by law to reduce your refund 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.
(b) 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. For the avoidance of doubt, if there is more than one Product in your order and you only cancel part of that order we will not refund the delivery charge. We will only refund the delivery charge if you cancel your order as a whole and no Products are delivered to you at all or if you return all Products
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- 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.
- if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
8.7 If you have returned the Product to us in accordance with this clause because it is faulty or does not match its description, we will refund the price of the Product in full, together with any applicable delivery charges. NB: Please be aware you will be required to produce a photo of the damage and/or problem with a Product before a return is accepted.
8.8 We will refund you by the same method of payment that you used to place your order.
8.9 We reserve the right to cancel any order at any time and issue a full refund.
9 – DELIVERY
9.1 We will contact you with an estimated delivery date, which will be within the timeframes set out on our Delivery & Returns page following the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) and in any event within 30 days. Occasionally our delivery to you may be affected by an Event Outside Our Control.
9.2 We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address.
9.3 If any details are incorrect for your delivery address which you have given to us, we accept no liability for any items which have not been received.
9.4 If no one is available at your designated delivery address to take delivery, our nominated courier will leave a delivery note confirming they have attempted a delivery. They will then attempt to contact you to rearrange delivery. There is also a contact number on the delivery note which you can contact to arrange a delivery time suitable to you. NB: If you do not rearrange delivery, the Products will be returned to our premises.
9.5 Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time.
9.6 You own the Products once we have received payment in full (including all applicable delivery charges) and the delivery of the Products is completed in accordance with clause 9.5.
9.7 If we miss an agreed delivery deadline for any Goods then you may cancel your Order straight away if any of the following applies: (NB: This does not apply to personalised products)
(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.
9.8 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8, you can contact us to give us a new reasonable deadline for delivery.
10 – PAYMENT METHODS
10.1 We accept secure online payment by credit card, debit card or Paypal. We currently accept Electron, Maestro, Visa Credit & Debit and MasterCard. Payment will be encrypted to ensure secure electronic transmission of data.
10.2 Any Promotional codes must be applied to your Order at the checkout to redeem.
10.3 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or by reason of unwinding or suspending any transaction after processing has begun.
11 – OUR LIABILITY
11.1 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 the Contract.
11.2 We only supply the Products for domestic and private use. By entering into this Contract, you agree not to use the Product for any commercial, business or resale purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any liability which cannot be excluded or limited under applicable law.
(d) defective products under the Consumer Protection Act 1987.
11.4 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 any act or event beyond our reasonable control (an Event Outside Our Control).
12 – LAW AND JURISDICTION
These Terms are governed by English law. This means a Contract for the purchase of Products through our Website 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.
13 – FEEDBACK
General comments about the Site are welcome, please contact us at info@atypicalstuff.com with subject feedback.