These Terms and Conditions of Trade are the terms on which D. Fairlie trading as Burnt Moss Designs provide merchandise (“Goods”) to you (“You”/”Your”) as a consumer via our web sites, including, without limitation:
burntmosscufflinks.co.uk; and any additional shopping sites that we may create from time to time to purchase product and also as a resource for information and entertainment (collectively the “Web Sites”).
You may keep a copy of these Terms and Conditions of Trade for future reference. Print or download and save them. We will file a copy of any Orders made by You.
Please read these Terms and Conditions of Trade carefully before ordering. You should understand that by ordering Our Goods, You agree to be bound by these Terms and Conditions of Trade.
1.1 We are D. Fairlie trading as Burnt Moss Designs.
1.2 If you have any questions, complaints or comments about the Web Sites then You may contact Us as follows:
Burnt Moss Designs, 1 Blinkbonny Steading, Blinkbonny Road, Currie, EH14 6AE.
2.1 Your order (“Order”) constitutes an offer to Us to buy the Goods you select via your Order on the Web Sites. All Orders are subject to availability and acceptance by Us. We will send You an email acknowledging receipt of Your Order. Please note that this does not constitute acceptance by Us. The contract for purchase of the Goods is agreed and accepted by Us only when We send You an email dispatch confirmation.
3.1 You have the option to open an account via the Web Sites to place Orders. On registration of an on-line account, You will select a User Name and You will be sent a Password to the email address You entered at time of registration that You can use to access Your on-line account. You can change the Password by logging into Your on-line account.
3.2 You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Web Site and will not be liable where Your Password or User Name is used by someone else (unless such use is due to our negligence).
3.3 You agree to notify Us immediately of any unauthorised use of Your Password or User Name of which You become aware.
If you are under 18 years old you are not authorized to make a transaction or register an account with Us on the Web Sites. By placing an Order through the Web Sites, You confirm that You are legally capable of entering into binding contracts and You are at least 18 years old. If you are not legally capable of entering into contracts, We are legally entitled to cancel the order with You and will not be obliged to supply the Goods.
5.1 The price of the Goods is as stated on the Web Sites from time to time and as confirmed to You as part of the Order process when We confirm Our acceptance of Your Order to You (except in the case of obvious error).
5.2 Prices are checked regularly. However, if We find the price has changed or that there has been a pricing error when We receive Your Order We will contact You and ask if You wish to proceed at the correct price. If You confirm that You do wish to proceed, then your confirmation constitutes a new Order to us and please remember that We will not be under an obligation to supply the Goods until We have sent You an email dispatch confirmation.
5.3 Goods will be dispatched by Royal Mail.
5.4 Prices shown on the Web Sites include delivery to the United Kingdom. Our delivery charges are as follows and will be confirmed to You during the Order process:
United Kingdom: Free
Rest of World: £6.00
5.5 We shall endeavour to dispatch the Goods to You as soon as possible after You place Your Order, normally within 2 working days if the Goods are in stock, and in any event within 30 days beginning on the day after You place Your Order. If We are unable to dispatch the Goods within that time We will email as soon as possible to let You know and give You an estimated delivery date and You will have the right to cancel Your Order and receive a full refund as set out in that email.
5.6 As soon as the Goods are delivered to You, You are responsible for them.
5.7 Payment for all Goods must be by credit / debit card. We accept payment through PayPal. You will be charged as soon as the order is Confirmed.
6.1 We want You to be happy with Your purchase from Us. If you are unhappy with the Goods in any way please contact Our Customer Service Team via email or letter as provided above.
6.2 Nothing in these Terms and Conditions of Trade is intended to affect Your statutory rights. These rights include:
6.2.1 That any Goods supplied by Us will be of satisfactory quality, fit for their intended purpose, and will conform to the description given;
6.2.2 certain remedies if Goods are defective; and
6.2.3 except for customised Goods, a right to cancel within a specified period and receive a full refund even if they are not defective as is set out in paragraph 6.3 below.
6.3.1 If for any reason you are unhappy with Your Goods (other than customised, sale, reduced price or Goods during a promotional period), in addition to your statutory rights under the Consumer Protection (Distance Selling) Regulations 2000, we offer you the right to cancel Your Order and return The Goods to us for a full refund provided that:
(a) The Goods are received back to Us within 21 days of delivery.
(b) You return the Goods to us in substantially the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. Please include where possible the original packaging and labelling.
(c) If you decide to return the Goods, You are responsible for the cost of return. Please obtain a certificate of posting from the Post Office and keep it safe until you have received your refund or exchanged item.
(d) Your right of return and cancellation set forth above is without prejudice to your local statutory right of cancellation.
(e) All refunds under the 21 day return offer will be made within 30 days of Our receipt of the returned Goods.
6.3.2 If Your Goods are faulty or do not meet the description given on the Web Sites, please contact us as soon as possible via email as given above to arrange return and replacement of the Goods. If you require a refund, We will refund the value of your order for those Goods (including any delivery charges).
6.3.3 Please note that if You fail to take reasonable care of returned Goods, or fail to return the Goods to Us, We will be entitled to make a claim against you for any losses which we suffer.
6.3.4 Please note that We are unable to accept returns for customised Goods unless they are faulty.
Your cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000
6.3.5 For all Goods other than customised Goods, consumers have a right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel orders during the period of seven working days beginning with the day after the day on which You receive the goods. Customers outside the UK have fourteen (14) days to cancel orders under these rights. If you wish to rely on your statutory rights, You are required to cover the cost of returning the cancelled items to Us.
6.3.6 All refunds will be made within 30 days of notice of cancellation.
7.1 Nothing in these Terms and Conditions of Trade shall:
7.1.1 exclude or limit Our liability:
(a) for fraud, fraudulent misrepresentation or our Gross negligence or the gross negligence of Our employees or agents;
(b) for death or personal injury resulting from Our negligence or the negligence of Our employees or agents;
(i) section 2(3) of the Consumer Protection Act 1987;
(d) for any matter for which it would be illegal for us to exclude, or attempt, our liability.
7.1.2 restrict Your statutory rights (See 6.2 above).
7.2 Subject to paragraph 7.1 above, and unless prohibited by Your local statutory law, these Terms and Conditions of Trade shall not:
7.2.1 make Us responsible for any damage or loss caused to You where such damage or loss is not reasonably foreseeable to You and Us when You agree to these Terms and Conditions of Trade, including where the damage or loss results from Our breach of these Terms and Conditions of Trade; or
7.2.2 make Us responsible for any damage or loss caused to You where You are not entering into these Terms and Conditions of Trade as a consumer (as defined under Your local statutory law).
7.3 our aggregate liability to You for any loss or damage arising in connection with these Terms and Conditions of Trade shall be limited in respect of each claim to the purchase price of Your Order or Orders.
7.4 We are not responsible for any delay or failure to comply with Our obligations under these Terms and Conditions of Trade if the delay or failure arises out of any event which is beyond Our control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting Us or Our suppliers.
By using these Web Sites, You accept that communication with Us will mainly be electronic. We will contact You by email or provide You with information by posting notices on these WebSites. For contractual purposes, You consent to receive communications from Us electronically (to the most recent email address you have provided to us) and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
10.1 We reserve the right to change or update these Terms and Conditions of Trade from time to time. Revised Terms and Conditions of Trade will be published on these WebSites and, where practical, We will endeavour to alert users to key changes via the homepage. In any case such changes and updates will not affect transactions in process resulting from an order placed before publishing such changes and updates.
10.2 If any of these Terms and Conditions of Trade are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms and Conditions of Trade shall survive, remain in full force and effect and continue to be binding and enforceable.
10.3 If You breach these Terms and Conditions of Trade and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms and Conditions of Trade.
10.4 Please note that you are entering into an agreement with a UK company. These Terms and Conditions of Trade and any contracts based on them, are governed by and shall be construed in accordance with the laws of the UK and any disputes arising out of them shall be subject to the non-exclusive jurisdiction of the British courts. Notwithstanding the foregoing, nothing in these Terms and Conditions of Trade shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.