Terms of Service
TERMS OF SERVICE
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
If you have any queries about these terms and conditions, or if you have any comments or complaints on or about our website, you can contact us by email – firstname.lastname@example.org or by telephone on 07966 553575.
These terms and conditions form the basis on which you can visit us and our website. Please read them through carefully as they contain important information.
REFUNDS & RETURNS
You will be re-credited for the costs incurred in returning faulty or damaged goods.
If you need to return an item for any of the reasons listed below please get in touch with us in the first instance by calling 07966 553575 or emailing email@example.com.
We process returned orders within 48 hours of receipt. Exchanges or replacements will be delivered within 7 days approximately (10 days for international orders). If a replacement item is no longer available you will be notified and issued a refund.
If you are not happy with your purchase we are happy to refund or exchange products returned within 14 days of receipt. It is important that products are returned to us in perfect condition, please pack them appropriately and return them to us at our contact address. We recommend that you obtain proof of postage and adequate insurance (available from the post office) as the products are your responsibility until they reach us – refunds will not be made on items returned damaged.
If you are returning framed prints please ensure that you send these back in both of the boxes they were sent in - they are easily damaged. We are sorry but we cannot refund or exchange made to order or self assembly products (once partly or wholly assembled) unless faulty.
When buying goods or services on the internet, you are entering into a legally binding contract.
We must receive payment in full for the price of the goods that you order before your order can be accepted. We will email you to confirm that your order has been received, but this does not constitute our acceptance of that order.
We will be deemed to have accepted your order on despatch of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with our conditions below. You will receive another email from us when your order is despatched. Our acceptance of your order creates a legally binding contract between us and you need to be over 18 (the legal age to contract legally) to use this site.
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the website at any time and/or remove of edit any materials or content on the website. We will not be liable to you or any third party by reason of our withdrawing of any goods from this website whether or not such goods have been sold, by removing or editing content on the website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
OWNERSHIP OF RIGHTS
All rights, including copyright, in this website are owned by Sally Swannell. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our prior written consent. You may not modify, distribute or repost anything on this website for any purpose.
All content available in this website, including but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof is the property of Sally Swannell and is protected by UK copyright laws.
ACCURACY OF CONTENT
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described.
However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
DAMAGE TO YOUR COMPUTER
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that you have the right equipment available to use this website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. Out of stock items will be listed as such on the website.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our contract above.
All prices indicated for products available via the website are in Pounds Sterling, inclusive of VAT at the current rate and are exclusive or any delivery charges. The total cost of your order is the price of the products ordered plus any delivery charges as set out in the Delivery section of the website.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.
If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
Our delivery times and charges are set out in our website
We will deliver the goods to the address you specify for delivery when you place your order. It is important that this address is accurate. Risk of damage to, or loss of the goods passes to you at the time of delivery to you. Goods supplied are not for resale.
Upon receipt of the goods you must inspect the goods and you will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with our returns and cancellations procedures. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
Our products are shipped from the UK and sold on an unpaid delivery duty basis. Please be aware that you, or the recipient, may have to pay import duty upon or prior to delivery. If you're unsure how this will affect the overall cost of your order, please contact your local customs office. Please note that we have no control over these taxes and are unable to predict how much they may be.
CANCELLATION OF RIGHTS & RETURNS
Cancellation by you:
Under the distance selling regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty. However, you will need to notify us if you wish to cancel your contract.
If you have received the goods before you cancel your contract then you must send the goods back to us at your own cost and risk as soon as possible. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited by us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
If you wish to make a return please contact us on: firstname.lastname@example.org
Cancellation by us:
We reserve the right to cancel the contract between you and us if we have insufficient stock to deliver the goods you have ordered or we do not deliver to your area or one or more items was listed at an incorrect price due to human error. If we do cancel your contract we will notify you and will re-credit to your account any sum deducted from your credit card as soon as possible. We will not be obliged to order any additional compensation for disappointment or inconvenience suffered.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
If the goods we deliver are not what you ordered or are damaged or defective or the incorrect quantity is delivered, we shall have no liability to you unless you notify us by email of the problem within 7 working days of the delivery of the goods in question.
If you do not receive the goods ordered within 7 working days (10 days for international orders) of the date on which you ordered them, we shall have no liability to you unless you notify us by email of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be at your option to either make good any shortage or non-delivery or refund the amount paid by you for the goods in question.
We will not be held liable to you for any indirect or consequential loss, damage or expenses arising out of any problem you notify us of under this condition and will have no liability to pay you any money by way of compensation.
Further, we cannot be held responsible for any delays once the goods have left us and are in possession of the delivery carrier or post office.
Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale on our website. We shall have no liability for any such representation being untrue or misleading other than for fraud or fraudulent misrepresentation.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Sally Swannell Ltd, Unit 3, Banda Trading Estate, Nursteed Road, Devizes, Wiltshire, SN10 3DY, and all notices from us to you will be displayed on our website from time to time.
CHANGES TO LEGAL NOTICES
We reserve the right to change these terms and conditions from time to time and you should read through them as often as possible.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sally Swannell, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Sally Swannell and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Sally Swannell Ltd, Unit 3, Banda Trading Estate, Nursteed Road, Devizes, SN10 3DY, United Kingdom.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.