TERMS AND CONDITIONS
These are the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us 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 our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. 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 27 July 2017.
1.Information about us
1.1We operate the website www.emmadickiedesign.com. We are EMMA DICKIE DESIGN, the trading name of EMMA DICKIE, a sole trader established in Scotland. Our address is 136 Easter Bankton, Livingston EH54 9BH.
1.2Contacting us if you are a consumer:
(a)To cancel the Contract between us in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at emma@emmadickiedesign.co.uk. You can also complete the contact us form on our website at www.emmadickiedesign.com/customercare. If you use this method we will email you to confirm we have received your cancellation. Please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the email or submit the contact us form on our website.
(b)If you wish to contact us for any other reason, including because you have any complaints, you can contact us by emailing us at emma@emmadickiedesign.co.uk.
(c)If we have to contact you or give you notice in writing, we will do so by email to the email address you provide to us in your order.
1.3Contacting us if you are a business. You may contact us by emailing us at emma@emmadickiedesign.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.4.
2.Our Products
2.1The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3The packaging of the Products may vary from that shown on images on our site.
2.4All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3.How we may use your personal information
3.1We will use the personal information you provide to us:
(a)to supply the Products to you;
(b)to process your payment for the Products; and
(c)if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
3.2We will only give your personal information to third parties where the law either requires or allows us to do so.
4.Consumer rights
This clause only applies if you are a consumer.
4.1If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
4.2As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5.How the contract is formed between you and us
5.1Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.4, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.Our right to vary these terms
6.1We may revise these Terms from time to time in the following circumstances:
(a)changes in how we accept payment from you; or
(b)changes in relevant laws and regulatory requirements.
6.2Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
6.4If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel any Contract between us 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 our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7.Your consumer right of return and refund
This clause 7 only applies if you are a consumer.
7.1If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2However, this cancellation right does not apply in the case of earrings (for health and hygiene reasons), any made-to-measure or custom-made products or products made to your specification or clearly personalised.
7.3Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, (the date on which we email you to confirm our 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 below:
Where 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 we 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.
Where your Contract is for one Product which is delivered in instalments on separate days, or multiple Products which are 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 we 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.
7.4To cancel the Contract between us in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at emma@emmadickiedesign.co.uk. You can also complete the contact us form on our website. If you use this method we will email you to confirm we have received your cancellation. Please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the email or submit the contact us form on our website.
7.5If you cancel a Contract we will:
(a)refund you the price you paid for the Products. However please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
(b)refund you any applicable delivery charges you paid for although, as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have a Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
(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 we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
(ii)if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.6If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we 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 us.
7.7We will refund you by the method you used for payment.
7.8If the Products were delivered to you before you decide to cancel your Contract:
(a)you must return the Products to us within 14 calendar days of the effective date of your cancellation notice in terms of Clause 9.4;
(b)unless the Products are faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Products to us;
(c)you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession; and
(d)the Products must be returned to us in perfect condition, in their original packaging and with all tags intact.
7.9As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy or your right of refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.Delivery
8.1Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, which will be within 30 days after the date of the Dispatch Confirmation, unless there is an Event Outside Our Control (for which see clause 19). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2Delivery will be completed when we deliver the Products to the address you gave us.
8.3If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, Royal Mail will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
8.4The Products will be your responsibility from the completion of delivery.
8.5You own the Products once we have received payment in full, including all applicable delivery charges.
8.6If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a)we 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 us before we accepted your order that delivery within the delivery deadline was essential.
8.7If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
8.8If you do choose to cancel your order for late delivery under clause 10.6 or clause 10.7, 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 us, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9.International delivery
9.1We deliver worldwide.
9.2If you order products from our site for delivery outwith the European Union, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3You 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.
9.4You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10.Price of products and delivery charges
10.1The prices of the Products will be as quoted on our site from time to time. We 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 if we discover an error in the price of Product(s) you ordered, please see clause 10.4 for what happens in this event.
10.2Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
10.4It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a)where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b)if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11.How to pay
11.1You can only pay for Products using PayPal or using a debit card or credit card via Stripe.
11.2Payment for the Products and all applicable delivery charges is in advance.
12.Our liability if you are a consumer
This clause 12 only applies if you are a consumer.
12.1If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.2We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3We do not in any way exclude or limit our liability for:
(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)any breach of the terms implied by the Consumer Rights Act 2015; and
(d)defective products under the Consumer Protection Act 1987.
13.Events outside our control
13.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2An Event Outside Our Control means any act or event beyond our 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 networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a)we will contact you as soon as reasonably possible to notify you; and
(b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14.Communications between us
14.1When we refer, in these Terms, to "in writing", this will include email.
14.2If you are a consumer: you may contact us as described in clause 1.2.
15.Other important terms
15.1We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
15.2You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6If you are a consumer, please note that these Terms are governed by the laws of Scotland. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of Scotland. You and we both agree to that the Scottish courts will have non-exclusive jurisdiction.