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Button & Wilde - Acceptable Use Policy
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
This Acceptable Use Policy sets out the terms between you and us under which you may access www.buttonandwilde.com (including any websites that resolve to this website, such as www.buttonandwilde.co.uk) (the “Website") This Acceptable Use Policy applies to all users of, and visitors to, the Website.
The Website is operated by D.D.D. Limited (trading as Button & Wilde) (we or us). We are a limited company registered in England and Wales under company number 00122029 and we have our registered office at 94 Rickmansworth Road, Watford WD18 7JJ. Our VAT number is GB196244343.
To contact us, please email firstname.lastname@example.org or telephone our customer service line on 01923 204845.
We recommend that you print a copy of these terms for future reference.
1.1 You shall use the Website only for lawful purposes. You shall not use the Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors or vulnerable people in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Website;
- any equipment or network on which the Website is stored;
- any software used in the provision of the Website; or
- any equipment or network or software owned or used by any third party.
1.2 These content standards apply to any and all material which you contribute or upload to or through the Website (contributions), and to any interactive services associated with it (if any).
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted or intended to be received.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, copyright, database right, trade mark, service mark or design (whether registered or not) of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
1.3 We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Website. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use the Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to or through the Website.
- Cancel any confirmed or pending order which you have made with us in accordance with our Customer Terms and Conditions which can be found at http://www.buttonandwilde.com/policies#terms-conditions.
- Issue a warning to you.
- Commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
1.4 We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
1.5 We may revise this Acceptable Use Policy at any time by amending this document. You are expected to check this document from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Website from time to time.
Governing Law and Jurisdiction
1.6 Please note that this Acceptable Use Policy, its subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are resident of Scotland, you may also bring proceedings in Scotland, if you are a resident in the Channel Islands, you may also bring proceedings in the Channel Islands and if you are a resident in Ireland, you may also bring proceedings in Ireland.
Last Updated: February 2017.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
The Website is operated by D.D.D. Limited (trading as Button & Wilde) ("we" or "us"). We are a limited company registered in England and Wales under company number 00122029 and have our registered office at 94 Rickmansworth Road, Watford WD18 7JJ. Our VAT number is GB196244343.
To contact us, please email email@example.com or telephone our customer service line on 01923-204845.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
- Our Acceptable Use Policy www.buttonandwilde.com/policies#acceptable-use-policy, which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy.
1.2 If you purchase products from the Website, our Customer Terms and Conditions www.buttonandwilde.com/policies#terms-conditions will apply.
1.3 We amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to the Website
1.4 We may update and change the Website from time to time; for example, changes to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw the Website
1.5 The Website is made available free of charge.
1.6 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website at any time for business and operational reasons.
Our site is only for users in the UK, Channel Islands and Ireland
1.8 Our site is directed to people residing in the United Kingdom, Channel Irelands and Ireland. We cannot confirm that content available on or through the Website is appropriate for use or available in other locations.
You must keep your account details safe
1.9 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org, Button & Wilde, 31 Greenhill Crescent, Watford, Herts, WD18 8YB.
How you may use material on the Website
1.11 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
1.12 You must not use any part of the content on the Website without obtaining a licence to do so from us or our licensors.
Do not rely on information on the Website
1.14 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
1.15 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
We are not responsible for websites we link to
1.16 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
1.17 We have no control over the contents of those sites or resources.
User-generated content is not approved by us
1.18 The Website may include information and materials uploaded on social media platforms by other users of the Website, including messages or images. This information and these materials have not been verified or approved by us. The views expressed by other users and uploaded onto the Website do not represent our views or values.
1.19 If you wish to complain about information and materials which is based on user-generated content please contact us on http://www.buttonadwilde.com/contact.
Our responsibility for loss or damage suffered by you
1.20 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 and for fraud or fraudulent misrepresentation.
1.21 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of products to you, which will be set out in our Customer Terms and Conditions www.buttonandwilde.com/policies#terms-conditions.
1.22 We are not liable for business losses. We only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes. If you use the Website for any commercial or business purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.
Uploading content to or through the Website
1.23 Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use Policy www.buttonandwilde.com/policies#acceptable-use-policy.
1.24 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
1.25 Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in Rights you are giving us to use material you upload section below.
1.26 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a criminal offence, violation of intellectual property rights, or of their right to privacy.
1.27 We have the right to remove any posting you make on or through the Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy www.buttonandwilde.com/policies#acceptable-use-policy.
1.28 You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload
1.29 When you upload or post content to the Website, you grant us the following rights to use that content:
- A worldwide, non-exclusive, assignable, sub-licensable, irrevocable, perpetual, royalty-free, licence to use, store, reproduce, print and copy that content and to distribute and make it available to third parties; and
- A worldwide, non-exclusive, assignable, sub-licensable, irrevocable, perpetual, royalty-free licence to our PR agency (as nominated by us from time to time), website providers and any other third parties which may require the need to use material uploaded by you via the website or any social media platform to satisfy our obligations to you, run or post messages/images onto the Website and/or produce the products provided to you or someone you request.
We are not responsible for viruses and you must not introduce them
1.30 We do not guarantee that the Website will be secure or free from bugs, viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
1.31 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Our trade marks are registered
1.32 "BUTTON & WILDE" and the Button & Wilde logo are registered trade marks of D.D.D. Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on the Website section above.
Rules about linking to the Website
1.33 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
1.34 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
1.35 You must not establish a link to the Website in any website that is not owned by you.
1.36 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
1.37 We reserve the right to withdraw linking permission without notice.
1.38 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use www.buttonandwilde.com/policies#acceptable-use-policy
1.39 If you wish to link to or make any use of content on the Website other than that set out above, please contact email@example.com
Which country's laws apply to any disputes?
Last Updated: February 2017.
Button & Wilde - Customer Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING A PRODUCT.
IMPORTANT: IF YOU ORDER A PERSONALISED PRODUCT YOU WILL LOSE YOUR RIGHT TO A 14 DAY COOLING OFF PERIOD AND THEREFORE SHALL HAVE NO RIGHT TO CHANGE YOUR MIND. IF YOU ORDER A BRANDED PRODUCT, IF OPENED, YOU WILL LOSE YOUR RIGHT TO A 14 DAY COOLING OFF PERIOD AND THEREFORE SHALL HAVE NO RIGHT TO CHANGE YOUR MIND.
We recommend that you print a copy of these terms for future reference.
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
"Branded" products are products which we supply with no personalisation and are sold as described on the Website.
"Personalised" products are products where you have designed the front label, by customising or personalising the label (using a customisable pattern, a photo from our library, a photo of your own, or a personal message).
"Products" refers to both branded and personalised products.
1.2 Why you should read them. Please read these terms carefully before you submit a request to purchase a product or products from us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract of our supply of products to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using the contact details listed below to discuss.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are D.D.D. Limited (trading as Button & Wilde), a limited company registered in England and Wales. Our company registration number is 00122029 and our registered office is at 94 Rickmansworth Road, Watford WD18 7JJ.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01923-204845 or by writing to us at firstname.lastname@example.org, Button & Wilde, 31 Greenhill Crescent, Watford, Herts, WD18 8YB.
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 What will happen when you request to purchase a product:
3.1.1 Product purchases made through the Website for delivery - Shortly after you have placed an order with us, we will send you an order acknowledgement email. The order acknowledgement is purely for information purposes and does not constitute acceptance of your order.
3.1.2 Branded product purchases made in person - payment is taken immediately in person (or, if paying by card, the next business day). Your selected products will be available to be taken away at the same time as payment.
3.1.3 Personalised product purchased made at our pop-up shop through the Website for collection on the day - orders for a Personalised Product at our pop-up shop are made through the Website with the assistance of a Button & Wilde representative. Immediate payment is taken in person (or, if paying by card, the next business day). You will receive a promotional code to prevent payment being taken through the Website. You will be told a time that your Personalised Product will be available for collection from us.
3.2 How we will accept your order.
3.2.1 Branded product purchases made in person - the contract between us will be concluded at the time of you giving payment.
3.2.2 Personalised product purchased made at our pop-up shop through the Website for collection on the day - the contract between us will be concluded at either the time of collection, or despatch of your delivery if this option has been selected by you in accordance with clause 7.3.
3.2.3 Product purchases made through the Website for delivery - our acceptance of your order will take place when we send you an order despatch email, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and we will not charge you for the product. This might be because: the product is out of stock; unexpected limits on our resources which we could not reasonably plan for; technical issues with our production facilities; an error in the price or description of the product; or we are unable to meet a delivery or collection deadline specified.
3.4 We also reserve the right to refuse to accept your order if the contents of the order would violate these terms and conditions.
3.5 Your order number. Orders placed through the Website will be assigned an order number by us. We will tell you what this 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.
3.6 We only sell to the UK, the Channel Islands and Ireland. The products displayed on the Website and at our pop-up shops across the country from time to time are for the promotion of our products solely in the UK, the Channel Islands, and Ireland. Unfortunately, we do not accept online orders for delivery from consumers resident outside the UK, the Channel Islands, or Ireland.
4 OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on the Website or as displayed on our pop-up shop are for illustrative purposes only. Although we try to display the colours accurately, we cannot guarantee that when ordering a product through a computer or mobile device, that the display of the colours will accurately reflect the colour of the products on our marketing material, or in person. On this basis, your product may vary slightly from those seen.
4.2 Product packaging may vary. The packaging of the product may vary from that seen on the Website, on our marketing material, or in person.
4.3 Making sure your content is accurate. If you are ordering a personalised product, you are responsible for ensuring that any content uploaded to the Website for inclusion on our product is accurate, correct and complies with our Acceptable Use Policy. We cannot accept any responsibility for any spelling, grammar, formatting or layout errors that you may make when adding a message, or uploading a photo. We strongly encourage you to use the view function, and carefully check your label before completing your order.
5 YOU HAVE THE RIGHT TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered, please let us know immediately. 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, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract as set out at Clause 8.
6 WE HAVE THE RIGHT TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; or
6.1.2 to implement minor technical adjustments and improvements.
6.2 Significant changes to the products. We may make significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before you or someone nominated by you takes delivery of the product and receive a refund for any products paid for but not received.
6.3 Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7 DELIVERY OF THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as set out on the Website and on your order summary prior to submitting your order to us for processing.
7.2 When we will provide the products. During the order process we will let you know when we will deliver the products to you. We will deliver them to you on either the date specified if you have paid for a delivery method which specifies a specific delivery date (e.g. special delivery) or within the estimated delivery timescale specified on the Website if a specific date is not possible (e.g. first class royal mail). Please note that any estimated delivery timescales are estimates only.
7.3 If collection is not available at our pop-up - If we have accepted your personalised product order for collection, but are unable to have your personalised product order ready for collection on the day specified due to time or technical issues, we will ask you if you would like your payment refunded or to have your goods delivered (as long as delivery is to an address located within our usual delivery area).
7.4 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. You may contact us to end the contract and receive a refund for any products you have paid for but not received within 30 days of placing your order with us.
7.5 If no-one is at the delivery address when the product is delivered. If no one is available at the delivery address provided to us for delivery of the product and the products cannot be posted, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If the recipient does not re-arrange delivery. If, after a failed delivery, the intended recipient of the product does not re-arrange delivery or collect them from a delivery depot we (or our appointed delivery subcontractor) will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.1 will apply.
7.7 When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us.
7.8 When you own products. You own a product once we have received payment or, if later when you or your nominated recipient has taken delivery of the product.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you; for example, your name and address. We may, however, contact you in writing to ask for this information if it is missing from the information provided when you placed the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract and make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.10.1 deal with technical problems or make minor technical changes;
7.10.2 update the product to reflect changes in relevant laws and regulatory requirements; or
7.10.3 make changes to the product as requested by you or notified by us to you (see Clause 6).
7.11 Your rights if we suspend the supply of a product. We will contact you to tell you we are suspending supply of a product. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days.
7.12 Collection by you. If you have placed an order for a personalised product at our pop-shop, and collection is available, you must collect your order on the same day as placed and before closure of the pop-up shop. If you do not collect your order during this time, we may end the contract and Clause 10.1 will apply.
8 YOUR RIGHT TO END THE CONTRACT
8.1 When you can 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:
8.1.1 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 all of your money back), see Clause 11.
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2; or
8.1.3 If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you have ordered a branded product which has not been opened and are within the cooling-off period.
8.2 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 Clauses 8.2.1 to 8.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.2.1 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;
8.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receives the branded products and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind and return a product within the 14 day cooling-off period. You do not have a right to change your mind in respect of:
8.4.1 personalised products; or
8.4.2 branded products which: (a) have been sealed for health protection and hygiene purposes, once these have been unsealed after you receive them; or (b) you have purchased in person at our pop-up shop for less than £42 in total.
8.5 How long do I have to change my mind? You have 14 days to change your mind about the unopened branded products starting the day after you (or someone you nominate) received the branded products, unless your products are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) received the last delivery to change your mind about the unopened branded products.
9 HOW TO END THE CONTRACT WITH US (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on 01923-204845 or email us at email@example.com. Please provide details of what you bought, when you ordered or received it and your name and address.
9.1.2 Online. Complete the form below and email this to the address listed above.
9.1.3 By post. Complete the form below and post it to us at the address on the form. Or simply write to us at Button & Wilde, 31 Greenhill Crescent, Watford, Herts, WD18 8YB Iincluding details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you or someone you nominate has received them, you must return them to us. You must return the products by post and send them to Button & Wilde, 31 Greenhill Crescent, Watford, Herts, WD18 8YB]. Please call customer services on 01923-204485 or email us at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind for unopened branded products as set out in Clause 8.3, you must send off the products within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed;
9.3.2 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; or
9.3.3 if you are exercising your right to change your mind for unopened branded products where Clauses 9.3.1 or 9.3.2 do not apply.
9.4 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.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind for unopened branded products, 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.
9.6 When your refund will be made. If you are exercising your right to change your mind for unopened branded products then we will refund you the price paid less any deductions 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 9.2.
10 OUR RIGHT TO END THE CONTRACT
10.1 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:
10.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example your name and address for delivery;
10.1.2 you do not collect an order for a personalised product placed at our pop-up shop during the timeframe specified or, at the latest, on the same day as the order was placed; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us or our appointed delivery subcontractor.
11 IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01923-204845 or write to us at email@example.com, Button & Wilde, 31 Greenhill Crescent, Watford, Herts, WD18 8YB].
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your products are faulty, then you can get an immediate refund.
up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
12 PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as set out on the Website or as indicated at one of our pop-up shops. The price online and in person should be identical. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.2 for what happens if we discover an error in the price of the product you purchase.
12.2 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. If you place an order online for delivery and the product's correct price at your purchase date is different from the price stated to you, we may contact you for your instructions before we accept your order. If we accept and process your order for delivery 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 products provided to you.
12.3 When you must pay and how you must pay.
12.3.1 All payments are to be made through the Website through our third party payment provider Sage Pay. You must pay for the products in full before we will dispatch them.
12.3.2 Payments for orders taken at our pop-up shop, either through the Website for collection on the day, or in person, shall be paid by the consumer by cash or approved card to a Button & Wilde representative at the pop-up shop.
12.4 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us immediately to let us know.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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.
13.2 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 11.2 and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products to consumers for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.
14 OTHER IMPORTANT TERMS
14.1 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.
14.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the Clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
14.3 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.
14.4 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. If you live in Ireland, you can bring legal proceedings in respect of products in either the Irish or English courts. If you live in the Channel Islands, , you can bring legal proceedings in respect of products in either the courts in the Channel Islands or England.
14.5 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider we use. You can submit a complaint to ADR Group via their website at http://www.consumer-dispute.co.uk/. ADR Group will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [D.D.D. Limited trading as Button & Wilde, 94 Rickmansworth Road, Watford WD18 7JJ,
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]:
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
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