TERMS OF SALE

1.     OVERVIEW 

What these terms cover. These terms of sale (“Terms of Sale) are the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website to you and will apply to any contract for the sale of Products to you (“Contract”).

Why you should read them. Please read these Terms of Sale carefully before ordering any Products from our website. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale, you must not order any Product through our website.   You should print a copy of these Terms of Sale for future reference.

We may amend these Terms of Sale from time to time without notice. Every time you wish to order Products, please check these Terms of Sale to ensure that you understand the terms which will apply at that time.

English language. These Terms of Sale, and any Contract between us, are only in the English language.

Use of our website. Your use of our website is governed by our Terms of Use. Please take the time to read these as they will include important terms which apply to you.

2.     INFORMATION ABOUT US

Who we are. This website is operated by True Colors Limited t/a freuds Bazaar, a company registered in England with company registration number 10772594 and our registered office is at 1 Stephen Street, London, United Kingdom, W1T 1AL. Our VAT number is 108 2799 00. Throughout the site, the terms “we”, “us” and “our” refer to freuds Bazaar. Freuds Bazaar offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

Contacting us. You contact us by writing to us at  contact@charliemackesystore.com 

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

“Writing” include emails.  When we use the words “writing” or “written” in these terms, this includes emails.

Our website. Our Charlie Mackesy store is hosted on Shopify Inc, with the URL charliemackesystore.com (“our Site”). Shopify Inc. provide us with the online e-commerce platform that allows us to sell our products and services to you. 

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3.     TERMS OR SALE AND OUR RIGHT TO VARY SUCH TERMS

These Terms of Sale. These Terms of Sale shall apply to all Contracts for the purchase of Products by you from us. These Terms of Sale supersede all previous agreements and understandings between us.

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. Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.

The Terms of Sale and your order. We may revise these Terms of Sale as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms of Sale between the time you place your order and when we send you Dispatch Confirmation email, 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 any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

4.     ORDERING PRODUCTS

How to order Products. Our shopping pages will guide you through the process to place an order with us. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.

Order process. Our order process allows you to check and amend any errors before submitting your order with us. Please take the time to read and check your order at each stage of the order process.[CM1] 

How we will accept your order. All orders are subject to acceptance by us. When placing an order you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Goods. We will send you a confirmation email after receiving your order and this will constitute acceptance by us. The Contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send you a further email once your order has been dispatched.

We may choose not to accept your order in our discretion for any reason without any liability to you. Examples of when we may not accept your order include where the Products ordered are out of stock or are incorrectly priced or do not satisfy our quality control standards, or where payment has been declined. We will inform you if we choose not to accept your order by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible. In the unlikely event that an item from your order is unavailable, it will not be substituted for an alternative product and you will not be charged for the item.

Once an order has been dispatched. Unfortunately we cannot stop an order once it has been dispatched by us. If you change your mind about your order after this point you can return the Product to us in accordance with the Returns section below at clause 11.

Contact details. You must keep the contact details we hold for you up-to-date so that we can contact you, if necessary, about your order.

5.     AVAILABILITY

Orders subject to availability. All Products offered for sale are subject to stock availability. We will inform you as soon as possible after receiving your order if, for any reason, the Product you have ordered is not available or subject to any delay.

If we are unable to supply a Product. In the event that we are unable to supply you with a Product, for example because of limited stock or because of an error in the pricing, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

6.     IMAGES AND SIZING

Products may vary slightly from their pictures. 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 device will display of the colours accurately or reflect the colour of the Product. Your Product may vary slightly from those images.

7.     PRICES AND PAYMENT

Where to find the price for the product. The price of the product will be the price indicated on our Site, except in cases of obvious error.

Change in pricing. The price of any Product may change from time to time, but changes will not affect any orders we have accepted.

VAT. The price of a Product  includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Product and set out as part of the total amount during the order process.

What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the Products we sell may be incorrectly priced. We will normally verify prices as part of our order-handling procedure so that, where the Product's correct price is less than our stated price, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will normally, at our discretion, either contact you for your instructions before dispatching the Products or reject your order and notify you of the rejection.

Where there is an obvious pricing error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an acceptance of your order, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

When you must pay and how you must pay. We accept payment with the payment methods listed on our Site. You must pay for the Products and any applicable delivery charges in advance of the delivery of the Products.

Payment details. By submitted an order to us through the site, you are confirming that you have the right to make a purchase from us using that payment method and that the payment details provided on your order are valid and correct.

8.     DELIVERY

Delivery costs. The cost of delivery will be shown to you on the booking page before you confirm your order. The delivery cost is dependent upon a variety of factors including the value and weight of your order, the date and time of your delivery and your delivery address and may vary from week to week.

Territory. Please note that we can only deliver to the countries listed below. We reserve the right to add other territories or exclude territories from time to time.

UK

Europe: Åland Islands, Albania, Andorra, Armenia, Austria, Belarus, Belgium, Bosnia & Herzegovina, Bouvet Island, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Greenland, Guadeloupe, Guernsey, Vatican City, Hungary, Iceland, Ireland, Isle of Man, Italy, Jersey, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mayotte, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine.

Rest of World: Australia, Canada, New Zealand, United States.

Your estimated dispatch and delivery date. Your estimated dispatch date will be as set out in a dispatch confirmation sent by email, or if no dispatch date is specified then as soon as reasonably possible. This dispatch date indicates when we expect to send the Products. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues. [CM2] In any event, delivery will take place no more than 30 days after the day your contract is entered into. You should be able to track your parcel’s progress.

Delivery at your address. Your delivery will be completed when the Products are delivered to the address you gave us. If there is no one  available at your nominated address to take delivery and the Product cannot be posted through your letterbox, we shall leave you a note informing you of how to re-arrange delivery or inform you where you can collect your parcel. If, after a failed delivery to you, you do not re-arrange delivery or collect the product from a collection point, we shall contact you for further instructions and we may charge you for any further delivery costs. If, despite our reasonable efforts, we cannot contact you or re-arrange delivery or collection, we reserve the right to end the Contract, in which case clause 17 would apply.

9.     RISK AND OWNERSHIP

Ownership. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Your responsibility. The Products will be your responsibility from the time that you take physical possession of the Products.

10.  CANCELLATION

We hope that you will be pleased with the Products that you have bought from us but if you are unhappy, you can return them to us in accordance with the terms set out below or as otherwise in accordance with your legal rights.

CONSUMER CONTRACTS REGULATIONS 2013

Right to change your mind (Consumer Contracts Regulations 2013). This clause only applies to customers based in the EU and who wish to cancel a Contract under the Consumer Contracts Regulations 2013 (or equivalent local law legislation).

Legal right to cancel under Consumer Contracts Regulations 2013. You have the legal right to change your mind and cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below in clause 9.4. This means that during this period you can change your mind or decide to cancel the Contract between us for any reason 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 or equivalent body (if you live outside the UK).

Period within which to cancel under Consumer Contracts Regulations 2013. You have a legal right to cancel a Contract within 14 days after the day on which you receive your Products.

Exercise the right to cancel under Consumer Contracts Regulations 2013. To cancel a Contract, you must contact us to inform us of your decision to cancel your contract with us with that 14 day period. The easiest way to do this is to email us at contact@charliemackesystore.com. You can use our model cancellation form if you wish but you are not required to do so: 

Model Cancellation Form

To:  Charlie Mackesy’s Store Team

Email address: contact@charliemackesystore.com.

I am writing to give you notice that I am cancelling my cancel my contract of sale of the following goods:

Ordered on:

Your name:

Your postal address:

Your email address:

Date:

Reason for cancelling: (optional)

If you cancel a Contract under Consumer Contracts Regulations 2013, we will:

1.     refund you the price you paid for the Products. However please note that we are permitted by law to reduce your refund to reflect any reduction in value to the Product if this has been caused by unnecessary handling by you. You will only be liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product;

2.     refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer;

3.     make any refunds due to you without undue delay and in any event within the deadlines indicated below

a.     if you have received the item, fourteen (14) days after the day on which we receive the item back from you or, if earlier, the day on which you provide us with evidence that you have sent the item back to us

b.     if you have not received the item, fourteen (14) days after you inform us of your decision to cancel.

4.     We will refund you on the original method of payment.

Your right to end contract if Product is faulty or mis-described. If you are returning a Product to us because it is faulty or mis-described, we will refund the price of the Product in full together with any applicable delivery charges. However please note we cannot accept liability for an item as fault until it has been returned to us and we have had an opportunity to inspect it and confirm it as faulty.

Returning Products after changing your mind. If a Product has been delivered to you before you decide to cancel your Contract:

1.     you must return the Product to us without undue delay and in any event no later than fourteen (14) days after the day on which you let us know that you wish to cancel the Contract.  Please note that we may withhold reimbursement until we have received the Product back or you have supplied evidence of having set back the Product to us, whichever is earlier;

2.     unless the item is faulty or mis-described (in which case see clause 9.7), you will be responsible for the cost of returning the item to us.

All Products cancelled under the Consumer Contracts Regulations 2013 should be returned to us. You can arrange a return by contacting us at  contact@charliemackesystore.com.

Returning Products to us. You should return your Products via a secure and insured delivery service as we cannot accept responsibility for Products not received and a proof of signature will be required to confirm receipt. We recommend you keep your tracking number until your refund has been processed.

Our legal duty. 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 or equivalent body (if you live outside the UK).

11.  REFUNDS AND RETURNS

REFUNDS

Refunds: If you want to return a Product, just contact us at contact@charliemackesystore.com and we can arrange this for you.

Reimbursement method. We will refund you on the original method of payment.

Right to cancel a Contract under Contract under the Consumer Contracts Regulations 2013. If you are an EU customer you also have a right to cancel a Contract under the Consumer Contracts Regulations 2013. Please see clause 10 for more information.

Faulty or mis-described Products. If you have returned the Products to us because they are faulty or mis-described, please contact us at contact@charliemackesystore.com  and we will 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. However please note we cannot accept liability for an item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.

RETURNS

If you want to return a Product: You can arrange to return a Product to us by contacting us at  contact@charliemackesystore.com.

Proof of return. We cannot accept responsibility for Product not received and a proof of signature is required to confirm receipt. We recommend you keep your tracking number until your refund or exchange has been processed.

Cost of returning Products. All return costs are your responsibility.

Faulty or mis-described Products. If you have returned the Product to us because they are faulty, please contact us at contact@charliemackesystore.com  and we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. However please note we cannot accept liability for an item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.

Your delivery costs will be refunded in the following circumstances only if:

·       you cancel your order before dispatch

·       you return a faulty item

·       we cancel your order due to stock availability or because the product is faulty on dispatch

·       you choose to cancel your order under the Consumer Contracts Regulations 2013 (in which case we will refund you the value of our least expensive delivery method).

12.  YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].

13.  OUR RESPONSIBILITY TO YOU

For private and domestic use. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.

Our liability. The maximum loss or damage we will be responsible for under clause 11.2 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.

14.  FORCE MAJEURE

Events outside of our control. 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 events outside our reasonable control including without limitation: acts of god, fire, flood, severe weather, natural disaster, epidemic or pandemic, explosions, war (whether declared or not), terrorist attack, armed conflict, nuclear, chemical or biological contamination, any law or action taken by a government or public authority, provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.

15.  DISPUTES AND COMPLAINTS

If you have a dispute or complaint relating to your contract with us. If you would like to get in touch with a dispute or complaint, you can contact us at  contact@charliemackesystore.com.

16.  OUR RIGHTS OF TERMINATION

We may at our sole discretion terminate your contract with us at any time if we have serious grounds on which to terminate, such as non-payment of any amount due or do material breach of these terms).

17.  OTHER IMPORTANT INFORMATION.

Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Rights of third parties. This Contract is made between you and us. No third party will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Transfer of our rights. We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.

Law and jurisdiction. These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our Site and any dispute or claim arising out of or in connection with it will be governed by English law.

Contacting you. If we have to contact you or give you notice in writing, we will do so by e-mail.

Contacting us.  If you have any queries about these Terms of Sale, please email us at  contact@charliemackesystore.com