Terms and Conditions of Sale
This page (together with our Privacy and Cookies Policy (Click here) and Terms of Website Use (Click here) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 17. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 30 April 2016. These Terms, and any Contract between us, are only in the English language.
1. Information about us
- 1.1 We operate the website www.emmc-craftshapes.co.uk. We are Mrs Caroline Loudwell and Mr Maurice Loudwell trading as Emmc Craft Shapes. Our trading address is Unit 2 Willow Farm, Allwood Green, Rickinghall, Diss, Norfolk, IP22 1LQ.
- VAT number 236 7009 13
1.2 Contacting us
- 1.2.1 You can contact us by email at email@example.com or by telephone on 01379 898389 or by post to Emmc Craft Shapes, Unit 2 Willow Farm, Allwood Green, Rickinghall, Diss, Norfolk, IP22 1LQ. If you are emailing us or writing to us please include details of your order to help us to identify it.
- 1.2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
2. Our Products
- 2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- 2.2 Although we have made every effort to be as accurate as possible, due to external factors such as temperature, humidity and natural shrinkage, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance. We may also make slight changes to our designs so the Products may vary slightly between batches,
- 2.3 Our Products are manufactured using a laser and as such there will likely be a small amount of burning, smoke damage and/or some residue on the surfaces and the Products will have a distinctive smell, these factors are not defects but if you have any concerns please contact us.
- 2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made
- 2.5 Within our Product range we also manufacture custom made shapes, please see the ‘custom made shapes’ section below for the specific terms applicable to those items.
- 2.6 All missing, damaged or not as ordered items must be reported within 48hrs of delivery.
3. If you are a business customer
This clause 3 only applies if you are a business.
- 3.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- 3.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- 3.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
- 3.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
4. How the contract is formed between you and us
- 4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- 4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. You will receive an e-mail confirming that the Products have been dispatched(Dispatch Confirmation). The Contract between us will only be formed when the Dispatch Confirmation is sent.
- 4.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet a specifically requested delivery date (see clause 7.5.3) or because of an error in the price on our site as referred to in clause 6.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. How to pay and payment security
- 5.1 You can only pay for Products via a Paypal account, credit/debit cards, bank transfer or by cheques.
- 5.1a Paypal account- You can pay using your paypal account or credit/debit cards. All transactions take place on the Paypal secure server. We do not receive or store any card details. please visit the PAYPAL website for more information on their security and privacy policies.
- 5.1b - Credit and debit cards- Credit and debit cards can be used to pay for goods. We use a 3rd party (paypal) process these transactions for us. The whole transaction will take place on the Paypal secure server. We do not receive or store any card details. please visit PAYPAL for more information on their security and privacy policies
- 5.1c Bank transfer. Our bank details will be shown at the end of the checkout.
- 5.1d Cheques. Cheque detail will be shown at the end of the checkout.
- 5.2 Payment for the Products and all applicable delivery charges is in advance. Please note if you pay by personal cheque we will not dispatch the goods until we have received payment in cleared funds.
- 5.3 For your added security we have installed a security certificate (Thawte DV SSL CA -G2)
6. Price of products and delivery charges
- 6.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 6.4 for what happens if we discover an error in the price of Product(s) you ordered.
- 6.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- 6.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Ordering and Delivery page(Click here).
- 6.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
- 6.5 Prices shown include VAT at the standard rate of 20%
- 7.1 We aim to deliver all Products within 3-5 days of the date you place the Order (unless you have opted to use the paid for expedited service in which case your Order should arrive within 2-3 days). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
- 7.2 If a signature is required for any reason or a parcel is too large to be put through your letter box and no one is available at your address to take delivery, we will leave you a note that the Products have been taken to a local post office for collection. Alternatively, you Products may be left with a neighbour or in a safe place if you have provided details for this option.
- 7.3 Delivery of an Order shall be completed when we or our couriers on our behalf deliver the Products to the address you gave us or left with a neighbour or in a safe place (provided you have given us details for these options) and the Products will be your responsibility from that time.
- 7.4 You own the Products once we have received payment in full, including all applicable delivery charges.
The remainder of this clause 7 only applies if you are a consumer.
- 7.5 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
7.5.1 we have refused to deliver the Products;
7.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- 7.5.3 you told us, by contacting us directly by telephone before placing your Order, that delivery within the delivery deadline was essential and we accept your Order.
- 7.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
- 7.7 If you do choose to cancel your Order for late delivery under clause 7.5 or clause 5.6 you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
8. No international delivery
Unfortunately, we do not deliver to addresses outside the UK as standard. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK. If you require international delivery you must contact us directly and we will advise you whether this option is available and what delivery costs will be.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
- 9.1 You have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- 9.2 This cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery or any custom made shapes (see our ‘custom made shapes’ section below).
- 9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. Your deadline for cancelling the Contract is 30 days after the day on which you receive the Product set out in that Dispatch Confirmation. For example, if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January. Please note that when you place an Order for multiple Products, these may be sent separately, meaning you will receive a separate Dispatch Confirmation for each item.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form (Click here) on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at firstname.lastname@example.org or contact us by telephone on 01379 898389 or by post to Emmc Craft Shapes, Unit 2 Willow Farm, Allwood Green, Rickinghall, Diss, Norfolk, IP22 1LQ. If you are e-mailing us or writing to us please ensure you include details of your order including your order number and date of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
- 9.5 If you cancel your Contract we will:
- 9.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
- 9.5.2 refund any delivery costs you have paid to have the Products delivered to you, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-4 days at one cost but you choose to have the Product delivered within 2-3 days at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- 9.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- 184.108.40.206 if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. It is your responsibility to ensure that any Products returned to us are properly insured. We will not be responsible for any items lost or damaged in transit;
- 220.127.116.11 if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
- 9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will inspect the Products on receipt from you and if you are entitled to a refund we will, within 14 days, refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- 9.7 We will refund you to your PayPal account if you paid using that method, or otherwise to a bank account as directed by you, we may refund you by cheque if you paid by cheque or otherwise fail to provide us with your bank account details when requested.
- 9.8 If a Product has been delivered to you before you decide to cancel your Contract:
- 9.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. It is your responsibility to ensure that any Products returned to us are properly insured. We will not be responsible for any items lost or damaged in transit;
- 9.8.2 unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery;
- 9.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. Custom made shapes
- 10.1 Please note that if you are ordering a custom made shapes (which are shapes made to your design) and a term in this section conflicts with any other provision in these Terms, then the terms in this section apply.
- 10.2 If you would like to order custom made shapes you should call us to discuss your requirements. Alternatively, you can email us with a drawing of the shape you require and we will contact you to discuss next steps. We may not be able to accept your order in certain circumstances, including but not limited to circumstances where we consider the design would not produce a craft shape which was structurally sound. Any such decision will be made at our absolute discretion.
- 10.3 Once we have spoken with you we will be able to provide you with a quote for providing the custom made shape. We will confirm the delivery timescales with you in advance of taking payment and will do so by e-mail.
- 10.4 Once the price and timescale has been agreed by you we will ask for a deposit of 50% . You must pay the balance before delivery can be arranged. Please see the Delivery section of these terms for more information.
- 10.5 Once we have received the deposit from you a Contract will have formed.
- 10.6 Please note that the consumer right to cancel a contract (as referred to in detail in the ‘Your Consumer Right of Return and Refund’ section above) does not apply to custom made shapes. If for any reason you wish to cancel an order for custom made shapes you should contact us immediately, we may be able to cancel your order and charge cost price, but this will not be appropriate in all circumstances and you may still be charged the full agreed price. Certain shapes may be returnable but this will be assessed on a case by case basis and at our absolute discretion.
- 10.7 When providing designs for custom made shapes to us you hereby confirm that such designs are your own creation and do not infringe any third party’s intellectual property rights. You further agree to indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the supply or use of the custom made shape(s).
- 10.8 You hereby acknowledge our sole and exclusive right title and interest in any and all intellectual property rights in all custom made shapes and you further acknowledge and agree that all intellectual property rights (including, without limitation, copyright, design rights and other rights of a similar) in the custom made shapes shall belong to us. To the extent that any such intellectual property rights in the custom made shapes do not vest in us by operation of law, you shall assign the same to us with full title guarantee, or where possible hereby assign the same to us with full title guarantee by way of a present assignment of future rights. To the extent such transfer and assignment is not valid, you hereby grant us an exclusive, perpetual, royalty-free, fully paid-up license to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose the design of the custom made shapes for any purpose whatsoever and waive and agree not to enforce any such rights which you may have or have had.
11. Intellectual property
- 11.1 All intellectual property rights of any nature whatsoever in the Products are owned by us, or where relevant, are manufactured by us under license with a third party.
- 11.2 We acknowledge that, where you are a business customer, you may wish to use our Products on products designed by you which you will sell to third parties. We hereby grant permission for you to use our Products in this way, provided that you do not alter our Products in any way or claim any ownership over the intellectual property existing in the Products or treat the intellectual property in the Products as your own to license or otherwise manage.
12. Our liability if you are a consumer
This clause 12 only applies if you are a consumer.
- 12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- 12.2 We only supply the Products for domestic and private use and for internal business use. You agree not to use the product for any resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 12.3 We do not in any way exclude or limit our liability for:
- 12.3.1 death or personal injury caused by our negligence;
- 12.3.2 fraud or fraudulent misrepresentation;
- 12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- 12.3.5 defective products under the Consumer Protection Act 1987.
13. Our liability if you are a business
This clause 13 only applies if you are a business customer.
- 13.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- 13.2 Nothing in these Terms limits or excludes our liability for:
- 13.2.1 death or personal injury caused by our negligence;
- 13.2.2 fraud or fraudulent misrepresentation;
- 13.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.2.4 defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- 13.3.1 any loss of profits, sales, business, or revenue;
- 13.3.2 loss or corruption of data, information or software;
- 13.3.3 loss of business opportunity;
- 13.3.4 loss of anticipated savings;
- 13.3.5 loss of goodwill; or
- 13.3.6 any indirect or consequential loss.
- 13.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- 13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. Events outside our control
- 14.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
- 14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 14.3.1 we will contact you as soon as reasonably possible to notify you; and
- 14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- 14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. Use of our site
- 15.1 Your use of our site is governed by our Terms of website use [LINK]. Please take the time to read these, as they include important terms which apply to you.
16. How we use your personal information
- 17. Our right to vary these Terms
- 17.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
- 17.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
- 17.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost and by such method as we direct) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
18. Communications between us
- 18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
- 18.2 If you are a consumer you may contact us as described in clause 1.2.
- 18.3 If you are a business:
- 18.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- 18.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- 18.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- 18.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. Other important terms
- 19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- 19.2 When we refer, in these Terms, to "in writing", this will include e-mail.
- 19.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of our guarantee to the recipient of the gift without needing to ask our consent.
- 19.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a Product will have the benefit of our guarantee, but we and you will not need their consent to cancel or make any changes to these Terms.
- 19.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 19.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 19.7 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- 19.8 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- 19.9 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).