TERMS OF SALE
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for goods with us from our website.
In these terms of sale, “we” means Kim Waterhouse of 16 Grove Villas Great Saling Braintree Essex CM7 5DX trading as Saucy Brown (and “us” “we” and “our” will be construed accordingly); and “you” means our customer or potential customer for goods (and “your” will be construed accordingly).
(3) Order process
The advertising of goods on our website constitutes an “invitation to treat”; and your order for goods constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. All orders are subject to availability and we reserve the right to cancel any order at any time prior to delivery and to refund the purchase price and any postage paid by you.
In order to enter into a contract to purchase goods from us, you will need to take the following steps: “(i) you must add any the goods you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to the PayPal website, and PayPal will handle your payment; (v) we will then send you an initial acknowledgment; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.”
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking your order. You may correct those input errors before placing your order by altering the shopping cart.
(4) The goods
Our goods are described elsewhere on this website.
(5) Price and payment
Prices for goods are quoted on our website. The website contains a large number of goods and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
If you vary the specification for a product (for example, you order a larger size or the addition of a logo or name) you will see that the price will change on the web page to reflect the variation in the product.
In addition to the price of the goods, you will have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the goods and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable). We are not currently registered for value added tax and value added tax is therefore not added to the sale price of our goods. This situation may change without notice.
Payment for all goods must be made by credit or debit card, direct bank transfer or cheque or any other method detailed on the website from time to time. Payment details for debit and credit cards are provided at checkout.
Prices for goods are liable to change at any time, but changes will not affect contracts which have come into force.
Our bank details are:
Bishops Stortford Branch
Account Name: Miss K Waterhouse T/A Saucy Brown
Cheques should be payable to Saucy Brown and sent to 16 Grove Villas Great Saling Braintree Essex CM7 5DX together with a completed order form.
You warrant to us that:
(a) You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the goods;
(d) you are resident in the England or Wales; and
(e) you are at least 18 years of age.
(7) Delivery policy
We will arrange for the goods to be delivered to the address for delivery indicated in your order. The first order placed by you using a debit or credit card must be delivered to the registered address of the cardholder for security purposes. Delivery of your order may be made by one or more parcels at separate times.
We will use reasonable endeavours to deliver goods on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 14 days of the date of our order confirmation. Goods which are special orders or bespoke orders may take up to 21 days. However, we cannot guarantee delivery by a specific date. We do however guarantee that unless there are exceptional circumstances all deliveries of goods will be dispatched within 14 days of the later of receipt of payment and the date of our order confirmation.
It is your responsibility to accept delivery of goods and, if necessary, to liaise with our carriers in the event you are not able to accept delivery when it is attempted by our carriers. All delivered goods must be checked by you upon receipt and any damage or discrepancy in your order must be notified to us in writing within 24 hours of receipt. If any surplus goods are delivered to you by us in error it is your responsibility to advise us as aforesaid and to liaise with us regarding the return of the goods. Any surplus goods retained by you seven working days after delivery shall be deemed to have been purchased by you and payment for such goods is due on the eighth working day after delivery.
(8) Risk and ownership
The goods will be at your risk from the time of despatch. Ownership of the goods will only pass to you upon the later of:
(a) delivery of the goods; and
(b) receipt by us of full payment of all sums due in respect of the goods (including delivery charges).
We will be entitled to recover payment for the goods even where ownership has not passed to you.
(9) “Cooling off” period
You may cancel a contract to purchase a product or goods at any time within 7 working days after the day you received the relevant goods or goods (subject to the limitations set out below).
No refunds or exchanges can be given on goods which are personalised i.e. have a name or logo embroidered on them or are made to measure or special orders unless there is a manufacturing fault or the goods are not as ordered. For hygiene reasons any goods which have been used by an animal cannot be returned unless they are faulty. If a product has a security seal a refund or exchange will not be given if the seal is broken. Your statutory rights are not affected.
You also do not have any right of cancellation insofar as a contract relates to: (i) the supply of any goods which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of newspapers, periodicals or magazines; or (iii) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract during the "cooling off" period, you must inform us in writing and return the goods to us together with their original packaging within the seven day period, in an unused good saleable condition. The purchase price of goods returned by you in accordance with this Section will be refunded in full. Postage costs of sending the goods to you and returning them to us are not refundable. The goods are at your risk during transit to us. We recommend you obtain a certificate of posting or use a trackable system of postage when returning goods to us.
You are not entitled to a refund in respect of any goods that are either not returned to us or are not received by us after cancellation or are not in the condition required under these terms and conditions.
(10) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Refunds will be made within 14 days of the date the goods are returned to us either by cheque, PayPal or direct bank transfer.
(12) Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this, the goods we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).
(13) General terms
Our goods are described elsewhere on this website. We use all reasonable endeavours to ensure that the description of the goods is accurate in all respects. Sizes of goods may vary slightly from those published on the website. Images of goods on our website are for illustrative purposes; actual goods may differ slightly from such images as slight variations may occur in the finish, colour or design of the goods from time to time.
We do not accept any liability for any damage caused to goods as a result of misuse by an animal e.g. goods being chewed or bitten.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of goods from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of goods from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of goods from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
The website has done its best to present accurate and up to date information but cannot guarantee that the information is correct. The website is provided on the understanding that its publishers are not responsible for any loss or damage arising from the information provided.
(15) About us
Our name is Kim Waterhouse trading as ‘Saucy Brown’
Our address for correspondence is 16 Grove Villas Great Saling Braintree Essex CM7 5DX.
Our email address is firstname.lastname@example.org