Terms and conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
We are: Sarah Short t/a Wikkid Polish
Our address is: Ridgeway, Meldrum Close, Dawlish EX7 9JL
In this agreement:
"Content" means any content in any form published on Our Website by us or any third party with our consent.
"Product" means any of the products we offer for sale on Our Website, or, if the context requires, products we sell to you.
"Our Website" means any website of ours, and includes all web pages controlled by us.
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of the Product by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party,
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Product and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. We do not guarantee that the Product advertised on Our Website is available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order the Product.
3.5. The price of the Product may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy the Product.
3.6. If in future, you buy the Product from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Product in all countries. We may refuse to deliver the Product if you live in a country we do not serve.
4. Acceptance of your order
4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Product to you. At any point up until then, we may decline to supply the Product to you without giving any reason.
4.2. If we do not have all of the Product you order in stock, we will offer you alternatives. If this happens you may:
4.2.1 accept the alternatives we offer;
4.2.2 cancel all or part of your order.
5. Colour Accuracy
The Product is hand-made in small batches so slight variations in colour and/or composition can occur. Photographs and swatches will also appear differently depending on viewing device, screen settings and resolution.
6. Price and payment
6.1. The price payable for the Product that you order is clearly set out on Our Website.
6.2. Prices include UK value added tax ("VAT").
6.3. If, by mistake, we have under-priced the Product, we will not be liable to supply the Product to you at the stated price, provided that we notify you before we dispatch it to you.
6.4. The price of the Product does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
6.5. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
7. Security of your credit card
We take care to make Our Website safe for you to use.
7.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
8.1. Delivery terms can be found on Our Website.
9. International Sales
The Product is currently only available from this website for delivery to UK and EU countries due to shipping restrictions. Any orders received for delivery outside of these countries will be refunded, minus the fee charged to wikkid polish by PayPal.
10. Cancellation and refunds
We strive to provide outstanding customer service here at wikkid polish. If you are not entirely satisfied with your purchase, please contact us quoting your order reference, name and address, details of the product, and we will advise you how to proceed.
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
10.1. We now inform you that information relating to all aspects of our Product is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
10.2. The following rules apply to cancellation of your order:
10.2.1 If you have ordered the Product, and not received it, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
10.2.2 If you have ordered the Product, and received it, you may cancel your order at any time within 14 days of the date you received it. You must tell us that you wish to cancel. You must also send the Product back to us within that same 14 day period.
10.2.3 We will return your money subject to the following conditions:
10.2.3.1 we receive the Product in a condition in which we can re-sell it at full price, in new condition, with labels and packaging intact.
10.2.3.2 you comply with our procedures for refunds and product returns. We cannot return your money unless we know who sent it.
10.3. The option to cancel your order is not available:
10.3.1 if the Product has been opened or worn, or cannot be re-sold for some other reason;
10.3.3 if the Product has been custom made.
10.4. You are responsible for the cost of returning the Product. We have no obligation to refund to you, your cost of re-packing and returning the Product.
10.5. In any of the above scenarios, we will return your money within 14 days.
11. Liability for subsequent defects
11.1. Please examine the Product received from us immediately you receive it. If you do not tell us of any defect or problem within 30 days of receipt of the Product, we shall assume that you have accepted it.
11.2. The Product must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
11.3. We will return your money subject to the following conditions:
11.3.1 we receive the Product with labels and packaging intact.
11.3.2 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
11.3.3 you comply with our product returns procedure. We cannot return your money unless we know who sent it.
12. Product returns
These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Product:
12.1. We do not accept returns unless there was a defect in the Product at the time of purchase, or we have agreed in correspondence that you may return it.
12.2. Before you return the Product to us, you must ensure that the product has been stored in accordance with the instructions on Our Website and not been used for anything other than it’s intended use.
12.3. The Product must be returned to us as soon as any defect is discovered but not later than 14 days.
12.4. So far as possible, the Product should be returned:
12.4.1 with both Product and all packaging as far as possible in their original condition;
12.4.2 securely wrapped;
12.4.3 at your risk and cost.
12.5. If we agree that the Product is faulty, we will:
12.5.1 refund the cost of return carriage;
12.5.2 replace the Product as we choose.
12.6. If we replace the Product, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
12.7. You must contact us to advise that you would like to return the Product, specifying exactly what Product and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send the Product to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
13.1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
13.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.3. We make no representation or warranty for:
13.3.1 any implied warranty or condition as to merchantability or fitness of the Product for a particular purpose;
13.3.2 the adequacy or appropriateness of the Product for your purpose.
13.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
13.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Product concerned.
13.6. We shall not be liable to you for any loss or expense which is:
13.6.1 indirect or consequential loss; or
13.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
13.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
13.8. If you become aware of any breach of any term of this agreement by any person, please contact us. We welcome your input but do not guarantee to agree with your judgement.
14. Your account with us
14.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Product.
14.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
14.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
15. How we handle your Content
15.2. Please notify us of any security breach or unauthorised use of your account.
16. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
16.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
16.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
16.3. download any part of Our Website, without our express written consent;
16.4. collect or use any product listings, descriptions, or prices;
16.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
16.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
16.7. share with a third party any login credentials to Our Website.
16.8. Despite the above terms, we now grant a licence to you to:
16.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
16.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
17.1. your failure to comply with the law of any country;
17.2. your breach of this agreement;
17.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
17.4. a contractual claim arising from your use of the Product;
17.5. a breach of the intellectual property rights of any person.
18. Intellectual Property
18.1. We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
18.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
18.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
18.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
19. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
19.1. If you are not happy with our services or have any complaint then you must contact us.
19.2. If a dispute is not settled by negotiation, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
19.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
20. Miscellaneous matters
20.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
20.2. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Product for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
20.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
20.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
if sent by e-mail to the address from which the receiving party has last sent email: within 24 hours if no notice of non-receipt has been received by the sender.
20.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
20.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
20.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.
Your statutory right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by e-mail.
You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.
Model cancellation form
To [contact details]
I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].
Ordered on [date]/received on [date],
Name: [enter name or names in which the order was made],
Address: [enter your address],
Terms and conditions