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Terms and conditions of sale of hilaryjohnsonhandmade.co.uk

1        Definitions
1.1      "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2     "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3     "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and
         Conditions;
1.4     "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5     "Seller" means Hilary Johnson Handmade of 15 Fore Street, Chulmleigh, Devon EX18 7BR that owns and operates
         hilaryjohnsonhandmade.co.uk;
1.6     "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in
         writing by the Seller;
1.7     "Website" means hilaryjohnsonhandmade.co.uk.

2        Conditions
2.1      Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2     These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other
          documentation or communication from the Buyer.
2.3     Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4     Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be
          inapplicable unless agreed in writing by the Seller.
2.5     Any complaints should be addressed to the Seller's address stated in clause 1.5.

3        Ordering
3.1      All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are
          subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2     Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until
          the Goods are available from stock or cancel the order and receive a full refund within 28 days.

4        Price and payment
4.1      The price of the Goods shall be that stipulated on the Website. The price is exclusive of VAT. The price excludes delivery charges.
4.2     The total purchase price, including VAT if any, and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to
          confirming the order.
4.3     After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on
          the right to cancel if the Buyer is a Consumer.
4.4     Payment of the price plus VAT, if any, and delivery charges must be made in full before dispatch of the Goods.

5        Rights of Seller
5.1      The Seller reserves the right to update prices on the Website periodically, which cannot be guaranteed for any period of time. The Seller
          shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2     The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3     The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6        Age of consent
6.1      Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are
          of the appropriate legal age to purchase the Goods.
6.2     If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order
          immediately, without notice.

7        Delivery
7.1      Goods supplied within the UK will normally be delivered within thirty working days of acceptance of order.
7.2     Goods supplied outside the UK will normally be delivered within thirty working days of acceptance of order.
7.3     Where a specific delivery date has been agreed in writing, and where this delivery date cannot be met, the Buyer will be notified and
          given the opportunity to agree a new delivery date or receive a full refund.
7.4     The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the
          essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising
          directly or indirectly out of any failure to meet any estimated delivery date.
7.5     Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary
          to take delivery of the Goods whenever they are tendered for delivery.
7.6     Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the
          time delivery was attempted.
7.7     Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

8        Cancellation and return
8.1      The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full
          within 28 days. The right to cancel does not apply to contracts for the supply of goods made to the Consumer’s specifications or which
          are clearly personalised.
8.2     The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by writing to the address specified in clause 1.5 or
          by email at info@hilaryjohnson.co.uk within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails
          to do so the Buyer shall be deemed to have accepted the Goods.
8.3     Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer
          shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact
          defective.
8.4     Subject to the provisions of Regulation 13 of The Consumer Protection (Distance Selling) Regulations 2000 as amended from time to time,
          if you are a Consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the
          Seller by writing to the address specified in clause 1.5 or by email at info@hilaryjohnson.co.uk within 7 working days of receipt of the
          Goods. The right to cancel does not apply to contracts for the supply of goods made to the Consumer’s specifications or which are
          clearly personalised.
8.5     Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be
          adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery
          charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled
          to deduct the cost of recovering the Goods from the Buyer.
8.6     Goods to be returned must clearly show the order number obtained from the Seller on the package.
8.7     Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

9        Limitation and liability
9.1      Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by
          the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the
          Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2     Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the
          negligence of the Seller or that of the Seller’s agents or employees.

10     Waiver
         No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in
         the future.

11     Force majeure
        The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or
        circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any
        communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials
        from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

12     Severance
         If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent
         jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these
         Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

13     Changes to Terms and Conditions
         The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing
         Terms and Conditions accepted by the Buyer upon making a purchase.

14     Governing law and jurisdiction

         These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to
         the exclusive jurisdiction of the English courts.



Hilary Johnson Handmade privacy policy

This privacy policy explains how we use any personal information we collect about you when you use this website or sign up to receive marketing emails.

What information do we collect about you?
We collect information about you when you register with us or place an order for products or services.  We also collect information when you voluntarily complete customer surveys, provide feedback and participate in competitions.  Website usage information is collected using cookies. 

How will we use the information about you?
We collect information about you to process your order, manage your account and, as set out in the section entitled 'Marketing' below, to email you about other products and services we think may be of interest to you.  We use your information collected from the website to personalise your repeat visisits to our website.  

Hilary Johnson Handmade will not share your information collected for marketing purposes with other companies.  However, like many small businesses, we use Mailchimp to send out periodic updates and news via email.  If you have signed up to our mailing list, Mailchimp processes the information you provide in accordance with their own Privacy Policy and Terms.

Marketing
We woud like to send you information about products and services which may be of interest to you.  If you have consented to receive marketing information, you may opt out at a later date.  You have a right at any time to stop us from contacting you for marketing purposes.  If you no longer wish to be contacted for marketing purposes, please email us: info@hilaryjohnsonhandmade.co.uk

If you purchase a product from us through our website or in our shop or at a craft fair we may add you to our mailing list if we consider that to do so would fall under the 'legitimate interests' basis of Article 6(1)(f) of the General Data Protection Regulation.  As above, you have a right at any time to stop us from contacting you for marketing purposes.  Please email us: info@hilaryjohnsonhandmade.co.uk

Access to your information and correction
You have the right to request a copy of the information that we hold about you.  If you would like a copy of some or all of your personal information, please email or write to us:

info@hilaryjohnsonhandmade.co.uk

Hilary Johnson Handmade
15 Fore Street
Chulmleigh
EX18 7BR

We want to make sure that your personal information is accurate and up to date.  You may ask us to correct or remove information you think is inaccurate.

Cookies
Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information  This information is used to track visitor use of the website and to compile statistical reports on wesite activity.  For further information visit www.aboutcookies.org or www.allaboutcookies.org.  You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser.  However, in a few cases some of our website features may not function as a result.  

Other websites
From time to time our website may contain links to other websites.  This privacy policy only applies to this website so when you link to other websites you should read their own privacy policies.

Changes to our privacy policy
We keep our privacy policy under regular review and we will place any updates on this web page.  This privacy policy was last updated on 4 May 2018

How to contact us
Please contact us if you have any questions about our privacy policy or information we hold about you:

info@hilaryjohnsonhandmade.co.uk

Hilary Johnson Handmade
15 Fore Street
Chulmleigh
EX18 7BR

 

 

 

 

 






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