Terms and Conditions

Please read before ordering:

 

Disclaimer

**Although great care is taken in making Spoonbugs, they are not intended as children’s toys and should not be given to children under 12 to play with unsupervised. Doorstops have button eyes, which have been securely sewn, but again they are not intended as children’s toys, and therefore should be checked  before small children handle them.

All the items for sale are not intended as children's toys.

***Items will be sent by Royal Mail standard 2nd class post upon receipt of payment.

Terms and Conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure they contain all you want and nothing you are not happy with.

Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the customer). We are Sylvia Bigmore of Karlyn, Merritts Hill, Illogan, Cornwall TR16 4DF with the email address of synchronistics@gmail.com: (the supplier or us or we).

  2. These are the terms by which we sell all goods to you. By ordering goods, you agree to be bound by these Terms and Conditions. By ordering any of the services you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter a contract and are at least 18 years old.

Interpretation

  1. Customer means an individual acting for the purposes which they are wholly or mainly outside his or her trade, business, creaft or profession.

  2. Contract means legally-binding agreement between you and us the supplier of the Goods.

  3. Delivery means the supplier’s premises or other location where the Goods are to be supplied, as set out in the Order.

  4. Durable Medium means paper, email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows unchanged reproduction of the information stored.

  5. Goods means the goods advertised on the website that we supply to you of the number and description as set out in the Order;

  6. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process as set out in the Website;

  7. Privacy Policy means the terms we have set out how we will deal with confidential and personal information received from you via the Website;

  8. Website means our website synchronistics.co.uk on which the Goods are advertised.

Goods

  1. The description of the Goods ia as set out on the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size, colouration of the Goods supplied.

  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate;

  3. All Goods which appear on the Website are subject to availability;

  4. We can make changes which are necessary to comply with any applicable safety requirement. We will notify you of these changes.

Personal Information.

  1. We will retain and use all information strictly under the Privacy Policiy.

  2. We may contact you by using email or other electronic communication methods and by pre-paid post you expressly agree to this.

Basis of Sale

  1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell the reason without delay.

  2. The Order process is via the Website. Check and amend any errors before submitting the Order to check you have used the ordering process correctly.

  3. A Contract will be formed for the sale of Goods ordered only when you receive an email confirming the Order (Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event, not later than the delivery of any Goods supplied under the Contract.

  4. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.

  5. No variation of the Contract, whether about the description of the Goods, Fees, or otherwise, can be made after it has been entered into the variation is agreed by the Customer and the Supplier in writing.

  6. We intend that these Terms and Conditions apply only to a contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contarct with terms that are more appropriate for you and which might, in some respects, be better for you, Eg by giving you rights as a business.

Price and Payment

  1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

  2. Prices and charges include VAT at the rate applicable at the time of the Order.

  3. You must pay by submitting your credit card details with your Order and we can take payment immediately or otherwise before the delivery of the Goods.

Delivery

  1. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and in any event, not more than 30 days after the day on which the Contract is entered into. Delivery will be instigated after receipt of payment for the Goods.

  2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

  1. We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made on time was essential; or

  2. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered in that period.

  1. If you treat the contract at an end, we will (in addition to other remedies) promptly return all payments under the Contract.

  2. If you were entitled to treat the Contract at an end but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting the Goods that have been delivered  and, if you do this, we will (in addition to other remedies) without delay,  return all payments made under the contract for any such cancelled or rejected Goods. If the Goods have been delivered , you must return them and we will will pay the costs of this.

  3. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of the Goods without cancelling or rejecting the Order for the rest of them.

  4. We do not generally deliver to addresses outside of England and Wales, Scotland, Northern Ireland, and the isle of Man.

  5. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

  6. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them to you.

  7. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and cancellation.

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring liability.

  2. You can cancel the Contract except for any Goods which are made to your special requirements  (the Returns Right) by telling us no later than 14 calendar days  from the date the Contract was entered into, if you simply wish to change your mind and without giving a reason, and without liability; except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund you the price of those Goods which have been paid for in advance, but we retain any separate delivery charge. This does not affect your rights when the reason for cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation rights below:

  3. This is a distance contract ( as defined below) which has the cancellation rights (Cancellation Rights) set out below. The cancellation Rights, however, do not apply for the following goods (with no others) in the following circumstances:

  1. Goods that are made to your specifications or are clearly personalised;

  2. Goods which are liable to deteriorate or expire rapidly.

  1. Also the Cancellation Rights for  contract cease to be available in the following circumstances:

  1. In the case of any sales contract, if the goods become mixed inseparably (according to their nature), with other items after delivery.

Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason,

  2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the goods. In a contract for the supply of the Goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

  3. To exercise the right to cancel, you must inform us of your decision to cancel tis contract by a clear statement setting out your decision (eg by letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

  4. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website synchronistics.co.uk . If you use this option, we will communicate with you an acknowledgement of receipt of such a cancellation in a Durable medium (eg by email) without delay.

  5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

  1. Except as set out below, if you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

  1. We will make a deduction from the reimbursement for any loss in value of any Goods supplied, if the loss is a result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction was not made, you must pay us on account of that loss.

Timing of reimbursement

  1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

  1. 14 days after the day we receive back from you any Goods supplied, or

  2.  (if earlier). 14 days after the day you provide evidence that you have sent back the Goods.

  3. If we have offered to collect the Goods, or no Goods were supplied, we will make reimbursement without undue delay, and not later than 14 days after the day on which we were informed about your decision to cancel this Contract.

  4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the remimbursment.

Returning Goods

  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods, or hand them over to us at Karlyn, Merritts Hill, Illogan, Redruth, Cornwall TR16 4DF without delay and in any event, not later than 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

  2.  For the purposes of the Cancellation Rights, these words have the following meanings:

  3. Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service provision scheme without the simultaneous physical presence of the trader ad the consumer, with the exclusive use of one or means of distance communication up to and including the time at which the contract is concluded;

  4. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Successors and our sub-contractors

  1. Either party can transfer the benefit of this contract to someone else, and will remain  liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

        1. In the event of any failure by a party because of something beyond its reasonable control:

        a. the party will inform the other party as soon as is reasonably practicable, and

        b. the party’s obligations will be suspended so far is reasonable, provided that party will act   reasonably, and that that party will  not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any rights to cancel below:

Privacy

1. Your privacy is critical to us. We respect your privacy and comply with the General data Protection Regulations with regard to your personal information.

Conformity

1. We have a legal obligation to supply the Goods with the Contract, and will not have conformed if it does not meet the following obligation.

a.  upon delivery, the Goods will be of satisfactory quality;.

b.  be reasonably fit for any purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or its is unreasonable for you to rely, on our skill and judgement and be fit for any purpose held out by us, or set out in the Contract, and

c.  conform to its description.  It is not a failure to conform if the failure has its origins in your materials.

2.  We will supply the Services with reasonable skill and care.

3.  In relation to Services, anything we say, or write to you, or anything someone says or writes on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take into account when deciding to enter into this Contact, or when making any decision about the services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension.

1. The Contract continues as long as it takes us to perform the services.

2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other is that other:

a. commits a serious breach, or a series of breaches resulting in a serious breach of the Contract and the breach cannot be fixed or is not fixed within 30 days of the written notice; or

b. is subject to any step towards bankruptcy or liquidation.

3. On termination of the Contract for any reason, any of our remaining respective rights and liabilities will not be affected.

Excluding liability

1. The Supplier does not exclude liability for (i) any fraudulent act or omission, or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) any loss which was not reasonably foreseeable to both parties at the time the Contract was made, or (ii) loss (eg loss of profit) to your business or trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession,

Governing law, jurisdiction and complaints

The contract (including any non-contractual matters) is governed by the law of England and Wales.

 

Model cancellation form

 

 

To.

Sylvia Bigmore

Karlyn, Merritts Hill

ILLOGAN

Redruth

Cornwall

TR16 4DF

Email address: synchronistics@gmail.com

I/We hereby give notice that I/we cancel our [*] contract of sale of the following goods [*] for the supply of the following services [*},

Ordered on {8} received on [*] -------------------------------- (date received)

 

Name of consumer(s)

 

 

Address of consumer(s)

-----------------------------------------------------------

Signature of consumer(s)  (only if this form is notified on paper)

 

 --------------------------------------

Date

 

[*} Delete as appropriate.

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