These Terms will apply to any contract between me 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 my site. By purchasing from me you are deemed to have accepted my Terms.
You should print a copy of these Terms or save them to your computer for future reference.
I amend these Terms from time to time as set out in clause 7. 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 most recently updated on 4th February 2016 in compliance of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to include additional section 14.3 regarding delivery dates and late delivery of goods.
These Terms, and any Contract between us, are only in the English language.
1. Information about me
1.1 I operate the website www.blueboxstudio.co.uk but sell my products through my sites as shown in the first paragraph of this document. I trade as Sue Harris, Blue Box Studio, a company registered in England and Wales. My main trading address is 22 Halswell Rd, Clevedon, North Somerset, BS21 6LD.
1.2 Contacting me if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let me know that you have decided to cancel. The easiest way to do this is to complete the cancellation form. A link to my cancellation form will be included in my Dispatch Confirmation. If you use this method I will e-mail you to confirm I have received your cancellation. You can also e-mail me at email@example.com or by post to Sue Harris, Blue Box Studio, 22 Halswell Rd, Clevedon, North Somerset, BS21 6LD. If you are emailing me or writing to me please include details of your order to help me to identify it. If you send me your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send me the e-mail or post the letter to me.
(b) If you wish to contact me for any other reason, including because you have any complaints, you can contact me by e-mailing me at firstname.lastname@example.org.
(c) If I have to contact you or give you notice in writing, I will do so by e-mail or by pre-paid post to the address you provide to me in your order.
1.3 Contacting me if you are a business: You may contact me by e-mailing me at email@example.com .
2. My Products
2.1 The images of the Products on my site are for illustrative purposes only. Although I have made every effort to display the colours accurately, I 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.
2.2 Although I have made every effort to be as accurate as possible, because my Products am handmade, all sizes, weights, capacities, dimensions and measurements indicated on my site are approximate.
2.3 The packaging of the Products may vary from that shown on images on my site.
3. Use of my site
All text, photographs, designs or other medium used on my sites is my copyright. You may not use these, for any purpose, without my express and written permission.
4. How I use your personal information
5. Age Restriction – This clause 5 only applies if you are a consumer
5.1 If you are a consumer, you may only purchase Products from my site if you are at least 18 years old.
6. How the contract is formed between you and me
6.1 My shopping pages will guide you through the steps you need to take to place an order with me. My order process allows you to check and amend any errors before submitting your order to me. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from me acknowledging that I have received your order. However, please note that this does not mean that your order has been accepted. My acceptance of your order will take place as described in clause 6.3.
6.3 I will confirm my acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when I send you the Dispatch Confirmation.
6.4 If I am unable to supply you with a Product, for example because that Product is not in stock or no longer available or because I cannot meet your requested delivery date or because of an error in the price on my site as referred to in clause 11.5, I will inform you of this by e-mail and I will not process your order. If you have already paid for the Products, I will refund you the full amount including any delivery costs charged as soon as possible.
7. My right to vary these Terms
7.1 I 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 me, the Terms in force at the time of your order will apply to the Contract between you and me.
7.3 I 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 I have to revise these Terms as they apply to your order, I 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 my cost) any relevant Products you have already received and I will arrange a full refund of the price you have paid, including any delivery charges.
8. Your right of return and refund
8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.2. 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 me 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 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which I e-mail you to confirm my 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:
|Your Contract||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 I provide you with a Dispatch 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 either of the following:· one Product which is delivered in instalments on separate days.· multiple Products which am delivered on separate days.||The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.Example: if I provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.|
|Your Contract is for the regular delivery of a Product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.Example: if I provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.|
8.3 To cancel a Contract, you just need to let me know that you have decided to cancel. The easiest way to do this is to complete the cancellation form saved here – Cancellation Form. If you use this method I will e-mail you to confirm I have received your cancellation.
You can also e-mail me at firstname.lastname@example.org or by post to Sue Harris, Blue Box Studio, 22 Halswell Rd, Clevedon, North Somerset, BS21 6LD, UK. If you are e-mailing me or writing to me please include details of your order to help me to identify it. If you send me your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send me the e-mail or post the letter to me. For example, you will have given me 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 me before midnight on that day.
8.4 If you cancel your Contract I will:
(a) refund you the price you paid for the Products. However, please note I am 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. My items are packaged in such a way that you can easily examine them on receipt and repackage if necessary. You have a legal obligation to take reasonable care of the item(s) whilst they are in your possession. Returned items must be complete, undamaged, include supplies and all documentation and gifts that were part of the cancelled transaction. Missing parts or damaged merchandise will be deducted from the final refund.
(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 I offer (provided that this is a common and generally acceptable method). For example, if I offer delivery of a Product by UK Standard mail or International Standard mail at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then I will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and I have not offered to collect it from you: 14 days after the day on which I receive the Product back from you or, if earlier, the day on which you provide me with evidence that you have sent the Product back to me. For information about how to return a Product to me, see clause 8.7;
(ii) if you have not received the Product or you have received it and I have offered to collect it from you: 14 days after you inform me of your decision to cancel the Contract.
8.5 If you have returned the Products to me under this clause 8 because they are faulty or mis-described, I 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 me.
8.6 I will refund you using the same method used by you to pay. If you used vouchers to pay for the Product I may refund you in vouchers.
8.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to me without undue delay and in any event not later than 14 days after the day on which you let me know that you wish to cancel the Contract. The Product must be returned to me at the following address – Sue Harris, Blue Box Studio, 22 Halswell Rd, Clevedon, North Somerset, BS21 6LD UK. Returned items must be complete, undamaged, include supplies and all documentation and gifts that were part of the cancelled transaction. Missing parts or damaged merchandise will be deducted from the final refund. If I have offered to collect the Product from you, I will collect the Products from the address to which they were delivered. I will contact you to arrange a suitable time for collection;
(b) unless the Product is faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to me. If the Product is one which cannot be returned by post, I estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums I charged you for delivery. If I have offered to collect the Product from you, I will charge you the direct cost to me of collection;
8.8 Because you are a consumer, I am 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 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.9 Returning items from outside the UK – if you are returning and item from outside the UK please mark the parcel as ‘Returned Goods’. I am not responsible for any customs charges incurred if you fail to do so, and any charge incurred, including the Royal Mail Handling Fee, will be deducted from your refund.
8.10 Damaged items – Where items arrive damaged or missing, I will need photographic evidence of the item and/or packaging within 48 hours of receipt in order to claim from the postal service involved. Refunds or replacements (where possible) will be offered when goods are damaged or lost in the post. Please retain the item and packaging until advised you may dispose of, in the event of a postal service investigation.
9.1 I will contact you with an estimated despatch date, which will be within 2 days after the date of the Order Confirmation (the date on which I e-mail you to confirm my acceptance of your order)]. Occasionally my delivery to you may be affected by an event outside My Control. See clause 14 for my responsibilities when this happens.
9.2 Products returned through non-delivery to an address or non-collection from a postal depot will incur a redelivery charge.
9.3 Delivery of an Order shall be completed when the delivery service deliver the Products to the address you gave me and the Products will be your responsibility from that time.
9.4 You own the Products once I have received payment in full, including all applicable delivery charges.
9.5 If I miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) I have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told me before I 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 me a new deadline for delivery, which must be reasonable, and you can cancel your Order if I 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 me or allow me to collect them, and I will pay the costs of this. After you cancel your Order I will refund any sums you have paid to me for the cancelled Products and their delivery.
10. International delivery
10.1 I deliver worldwide (International Delivery Destinations).
10.2 If you order Products from my site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which am applied when the delivery reaches that destination. Please note that I have no control over these charges and I 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. I will not be liable or responsible if you break any such law.
10.5 Returning items from outside the UK – if you are returning and item from outside the UK please mark the parcel as ‘Returned Goods’. I am not responsible for any customs charges incurred if you fail to do so, and any charge incurred, including the Royal Mail Handling Fee, will be deducted from your refund.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on my site at the time you submit your order. I 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 11.5 for what happens if I discover an error in the price of Product(s) you ordered.
11.2 Prices for my 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 includes 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, I 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. My delivery charges are as advised to you during the check-out process, before you confirm your order.
11.5 My site contains a large number of Products. It is always possible that, despite my reasonable efforts, some of the Products on my site may be incorrectly priced. If I discover an error in the price of the Products you have ordered I will contact you to inform you of this error and I will give you the option of continuing to purchase the Product at the correct price or cancelling your order. I will not process your order until I have your instructions. If I am unable to contact you using the contact details you provided during the order process, I 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, I 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 PayPal or Etsy Direct Checkout.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13. My liability
13.1 If I fail to comply with these Terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breach of these Terms or my negligence, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of my breach or if it was contemplated by you and me at the time I entered into this contract.
13.2 I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 I do not in any way exclude or limit my liability for:
(a) death or personal injury caused by my negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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
(e) defective products under the Consumer Protection Act 1987.
14. Events outside my control
14.1 I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by an Event Outside My Control. An Event Outside My Control is defined below in clause 14.2.
14.2 An Event Outside My Control means any act or event beyond my 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 or delivery networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 Any delivery dates stated or implied are approximate only. Delays, acts or omissions of a third party carrier are Events Outside My Control.
(a) I can accept no responsibility for late delivery of the goods regardless of the reason for the delay unless a latest delivery date has been agreed otherwise in advance with you (the buyer) in writing.
(b) Late delivery of the goods will not amount to a breach of the purchase/sale contract unless both you and I have agreed otherwise in advance in writing.
(c) If your parcel is late, I ask that you allow 30 days from date of despatch, as there may be a delay with customs or the postal service in your country. If your parcel hasn’t arrived after this time, please contact me.
14.4 If an Event Outside My Control takes place that affects the performance of my obligations under a Contract:
(a) I will contact you as soon as reasonably possible to notify you; and
(b) my obligations under a Contract will be suspended and the time for performance of my obligations will be extended for the duration of the Event Outside My Control. Where the Event Outside My Control affects my delivery of Products to you, I will arrange a new delivery date with you after the Event Outside My Control is over.
14.5 You may cancel a Contract affected by an Event Outside My Control which has continued for more than 30 days. To cancel please contact me. If you opt to cancel, you will have to return (at my cost) any relevant Products you have already received and I will refund the price you have paid, including any delivery charges.
15. Communications between me
15.1 When I refer, in these Terms, to “in writing”, this will include e-mail.
15.2 You may contact me as described in clause 1.1.
16. Other important terms
16.1 I may transfer my rights and obligations under a Contract to another organisation, but this will not affect your rights or my obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.
16.3 This Contract is between you and me. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them am unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you.
These Terms are governed by English law. This means a Contract for the purchase of Products through my site and any dispute or claim arising out of or in connection with it will be governed by English law. You and I 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.