By placing an order with us, you agree to be bound by these Terms unless otherwise agreed by us in writing. These Terms, together with
the Seller’s order confirmation, constitute the contract ("the Contract") between the parties.
The Contract shall not be varied in any way unless agreed in advance
between the parties.
Company details: Tippi Galore Ltd, The Garden Studio, 13 Clowes Avenue, Hengistbury head, Southbourne, Bournemouth, Dorset. BH6 4ER. Email: bunny@tippigalore.co.uk. Telephone: 07961 396929.
DEFINITIONS
"We/us/our/ours" means the Seller
"You/your/yours" means the Buyer
"Goods" means the goods which we shall supply to you in accordance with the Contract.
1.
Basis of sale
1.1
Any description given or applied to the Goods by us is given by way of identification only and the actual Goods delivered may differ from those in any description. Bespoke Goods are dyed to match your requirements as closely as possible but for reasons beyond our control, colours may vary slightly from those shown on the website or otherwise shown to you at the time of ordering and we accept no liability for such variation. For the avoidance of doubt, you agree that you do not rely on any description when entering into the Contract.
1.2
We shall sell and you shall purchase the Goods in accordance with these Terms.
2.
Price
2.1
All quotations and estimates issued by us are, except where expressly stated otherwise, subject to variation by us on or after acceptance.
2.2
The price quoted shall be inclusive of VAT but exclusive of packing and postage and/or delivery costs.
3.
Contract creation
3.1
The technical steps required to create the Contract between you and us are as follows:
3.2
You may place your order by telephoning us on 07961396929 or by sending an email to bunny@tippigalore.co.uk or by ordering online.
3.3
We will send you an order confirmation in writing (which shall be by email unless you advise otherwise at the time of ordering) detailing the Goods you have ordered.
3.4
The completion of the Contract between you and us will take place on the despatch to you of the Goods ordered.
3.5
Non-acceptance of an order may be a result of one of the following:
(a) the Goods you ordered being unavailable from stock.
(b) our inability to obtain authorisation for your payment.
(c) the identification of a pricing or description error relating to the Goods.
In the event of such non-acceptance of your order, we shall notify you by telephone or email.
4.
Payment
4.1
Payment must be made at the time of placing your order. Payment can be by personal cheque drawn on a UK bank and must be crossed ‘A/C payee only’. Payment may also be made by debit or credit card via the website or by bank transfer.
4.2
In the event that you pay by cheque and your cheque bounces, you shall be liable for all reasonable costs incurred by us as a result.
5.
Despatch and delivery
5.1
Where your order is for non-bespoke Goods, we shall despatch the Goods on receipt of cleared funds from you in payment for the Goods.
5.2 We shall deliver the Goods within the United Kingdom by such method of carriage as we may choose.
5.3
Where your order is for non-bespoke Goods, we will endeavour to deliver the ordered Goods within 14 days of receipt of your order, but delivery date and time cannot be guaranteed. Time for delivery shall not be of the essence of the Contract.
5.4
In the event that you order bespoke Goods (whether made or altered to your specification), we shall advise in our order confirmation as to the likely date by which the Goods will be ready for despatch. We will endeavour to deliver the ordered Goods within 21 days of the date on which the Goods are expected to be ready for despatch, but delivery date and time cannot be guaranteed. Time for delivery shall not be of the essence of the Contract.
6.
Damage in transit
While we do our best to pack the Goods securely, we cannot accept any liability for any damage or deterioration in the Goods which occurs, for any reason, while the Goods are in transit to you.
7.
Cancellation
7.1
Unless your order is for such Goods as those set out in Clauses 7.7 and 7.8, you have a right to cancel your order at any time up to 7 working days from the day after your receipt of the Goods. In the event of cancellation by you, the Goods must be returned to us in their original condition and in their original packaging at your expense or you may arrange for us to collect the Goods at your expense.
7.2
You may cancel your order by written notice, which may be by letter, or email.
7.3
We shall not accept a verbal cancellation unless and until such cancellation is confirmed by any of the methods specified in Clause 7.2.
7.4
Please note that your right to cancel your order and to return the Goods does not apply to any Goods made or altered to your specification unless they are faulty.
7.5
In the event that you cancel your order in accordance with Clauses 7.1 and 7.2, provided that any of the clauses 7.4, 7.6 and 7.7 do not apply, the money paid by you for the Goods shall be refunded to you within 30 days of the date of your notification of cancellation.
7.6
In the event that you cancel your order for Goods made or altered to your specification for any reason, it is unlikely that we could sell them to another customer at full selling price. In respect of such Goods you shall therefore not be entitled to a refund and the Goods cannot be returned or exchanged (unless faulty).
7.7
For reasons of hygiene, we cannot refund or replace any head wear unless they are faulty.
8.
Faulty goods
8.1
Other than as a result of your order cancellation under Clause 7, we shall accept returns (which shall be at your expense) in the event that the Goods are faulty and were faulty at the time of your purchase of the same only. You shall not be entitled to return the Goods if you were told of the fault before purchase, or if the fault should have been obvious to you.
8.2
If the fault is minor, we shall repair the Goods or you may request a replacement, and we shall re-deliver the Goods to you free of charge.
8.3
In the event that the Goods cannot be replaced or repaired economically, you shall be entitled to a refund. We reserve the right to deduct an amount, which shall be at our sole discretion, from such refund to allow for any use you may have had from the Goods.
9.
Property
Property in the Goods remains with us until we are in receipt of cleared funds from you in payment for the Goods.
10.
Force majeure
In the event that delivery is delayed by strike, lock-out , or other industrial action or trade disputes (whether involving our employees or those of any third party), fire, accident, defective materials, delay in receipt of raw materials or bought-in goods or components, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government or local authority, power failure or breakdown in machinery or any other cause beyond our reasonable control, a reasonable extension of time for delivery shall be allowed by you. If the delay persists for such time as we consider unreasonable, we may, without liability on our part, terminate the Contract.
11. Severability
If any terms or provision in these Terms shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form any part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
12.
Notices
All notices to be given under these Terms will be in writing (which may include email) signed (digitally, in the case of email) by the party giving it and shall, unless delivered personally, be left at, or sent to recipient’s last known address, or to any other address the recipient may designate by notice in accordance with this Clause. Notices may be delivered personally by hand, by first class pre-paid letter, or by email. Any notice given under these Terms shall be deemed served if delivered personally, on delivery; if sent by first class post, two clear days after the date of posting; and if sent by e-mail, when dispatched.
13.
Waiver
The waiver or forbearance of failure by or of a party to insist on due and proper performance of the Contract, whether by design or inadvertence, shall not be construed in any circumstances as a waiver or abandonment of that party’s rights to future performance of such provision and the other party’s obligation in respect of such future performance shall continue in full force and effect.
14.
Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in connection with these Terms.