Returns and Refunds Policy
THE GLITTER EMPORIUM LTD
TERMS & CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 Products: means the glasses, homewares, wine, sparkling wine, beer and/or cider that we are selling to you as set out in your Order;
1.1.2 Order: your order for the Products;
1.1.3 Terms: the terms and conditions set out in this document; and
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
2 TERMS AND CONDITIONS
2.1 Please take time to read these Terms carefully as they affect your rights and liabilities under law. By placing any order, you agree to be bound by these Terms.
3 OUR CONTRACT WITH YOU
3.1 When you submit an Order to us, this does not mean that we have accepted your Order. Our acceptance of your Order will take place as described in clause 3.2. If we are unable to supply you with the Products, we will inform you of this and will not process the Order. For the avoidance of doubt, the email you receive when you submit an Order is simply a confirmation of your request, and not acknowledgment of us accepting the Order.
3.2 These Terms will become binding on you and us when we start processing your Order, at which point a contract will come into existence between you and us.
3.3 We will assign an order number to the Order and inform you of this when we acknowledge your request. Please quote the Order number in all subsequent correspondence with us relating to the Order.
3.4 We aim to show items as accurately as possible, but they may look different in the flesh. If there is anything unclear, or if you wish to obtain further information, please contact us at the address given at the bottom of these Terms or by email: email@example.com.
4 CHANGES TO YOUR ORDER
4.1 You may make a change to your Order at any time before we commence manufacture or personalisation of the the Products. Where this means a change in the total price of the Products, we will notify you of the amended price in writing. If the price is higher, you can choose to cancel the Order by informing us promptly in writing.
5 DELIVERY OF THE PRODUCTS
5.1 Please note that timescales for delivery and delivery charges will vary depending on the nature and availability of the Products and your address. Please allow for extra time for deliveries to the Scottish Highlands and Islands. Unfortunately orders for delivery overseas cannot be placed online. If you would like to place an order to be delivered to a non-UK mainland address please email firstname.lastname@example.org with your order requirements and delivery address. The sales team will come back to you with delivery costs and timings. Delivery charges will be confirmed during the checkout process when you order online.
5.2 Our couriers normally deliver Monday to Saturday, between 8.30am and 5.30pm. If you are not there and have not provided us with alternative delivery instructions when placing your Order the driver will leave a note to inform you that delivery has been attempted and the Products have been returned to our depot. If the Products are returned to our depot, we will endeavour to deliver the Products to you again, but if you are not there for a second time we reserve the right to have the Products returned to us and, in the event you contact us to request us to attempt delivery another time, to charge you additional delivery costs. Our delivery times are usually 15 working days from the date the Order has been placed (excluding weekends and bank holidays). At busy periods despatch and delivery may take longer than this.
5.3 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this.
5.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
5.5 You own the Products once we have received payment in full and they have been delivered to you.
6 RETURN OF DAMAGED OR MIS-DESCRIBED ITEMS
6.1 When your items are delivered please check the Order carefully to ensure it is complete and no items are damaged. In the event that your Order is visibly damaged, do not accept the order and please return to the courier.
6.2 If you have accepted the Product(s) and subsequently discover that they are damaged / misdescribed or items are missing, you may be entitled to a refund, price reduction or replacement. Where a replacement is not possible e.g. because the item is no longer available then a refund will be offered.
6.3 Please note that for our third party courier company to accept liability for damage caused in transit we must inform them of any damage within 24 hours of delivery. Therefore, you should inform us as soon as possible following delivery of the Product(s). Any claims made after this time but within 5 days will be subject to our discretion and thereafter any such claims may be considered unreasonable.
6.4 If you have any problems with your purchase, we can offer help and assistance. Please contact us by email: email@example.com.
6.5 If you need to return an item to us please ensure it is sent by a tracked service as we are unable to entertain any requests for refunds if the item does not reach us and you cannot provide tracking details.
6.6 Your rights under UK or your national consumer legislation are not affected.
7.1 Please remember that our Products may run out from time to time and therefore are subject to availability. If for any reason we are unable to supply a particular item we will notify you and offer a similar product as a replacement.
8 PRICE AND PAYMENT
8.1 The price of the Products will be set out on our website and are the ones that are in force at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
8.2 We accept payment on our website by debit and credit card and PayPal. We accept payment with Switch, Visa, Delta, MasterCard, Electron, Solo, Maestro and American Express. We will not dispatch the Products until we are in receipt of cleared funds.
8.3 The Glitter Emporium Ltd is not registered for VAT.
8.4 The prices for the Products exclude delivery costs, which will be added to the total amount due at checkout, before you complete your order.
8.5 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you. If the Product’s correct price is higher than the price stated on our website, we will contact you and provide you with the option of:
8.5.1 placing a new order at the correct price for the mis-priced item(s);
8.5.2 cancelling your order for the mis-priced item(s); or
8.5.3 cancelling the whole of your order.
9 YOUR CANCELLATION RIGHTS
9.1 All of our Products are handmade and as such are deemed to be "bespoke/personalised". This includes both personalisation and glitter colour choice. In accordance with the distance selling regulations we are unable to accept an item to be returned back to us if you have experienced a change of heart.
9.2 Our terms are in compliance with distance selling regulations. Your statutory rights are unaffected.
10 OUR CANCELLATION RIGHTS
10.1 We reserve the right to cancel any Order for any reason by informing you in writing. If you Order is cancelled we will contact you to explain why and refund any money you have paid us in respect of the Order.
11 OUR LIABILITY TO YOU
11.1 Subject to clause 11.2, if we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence for both of us at the time you make the Order. Our liability shall not include business losses such as loss of profits or business interruption. In any event, our liability to you shall be limited to the value of the Order.
11.2 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for any other liability it is unlawful to exclude or limit.
11.3 Given the nature of our wine and beer Products, please do remember that their maturation is a variable process and some wines may no longer be at their peak at their time of consumption. Should this be the case, it will not amount to a breach of warranty.
11.4 Other than as stated elsewhere in these Terms, all warranties, conditions and terms expressed or implied, whether by statute, common law, custom, trade usage, course of dealings or otherwise in respect of the Products are hereby excluded to the fullest extent permitted by law. Nothing in these Terms shall affect your statutory rights as a consumer.
12 AGE RESTRICTION
12.1 By placing an Order you confirm you are of at least 18 years old.
12.2 To comply with the law, we can accept Orders including wine and other alcohol purchases from persons over 18 years old. To ensure compliance with this and to protect us from fraud, we may share and check your details with a credit reference agency who will record the search. Please note any such search will be for identification purposes only, and will not affect your credit rating. By placing an Order with us, you consent to us passing your information on and searching other agencies’ records to confirm your identity and age, and accept that these other agencies may keep a record of the search.
12.3 Deliveries to your address are fulfilled by a 3rd party courier. If, upon delivery, there is no one at the delivery address to receive your Order or if the third party reasonable suspects the signee is under 18 we will not be able to leave the Products.
13 EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any circumstances beyond our reasonable control. And to the extent that such an event does occur and continues for a period of more than 28 days either of us may cancel the Order by giving the other notice in writing.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to us to:
14.1.1 provide the Products;
14.1.2 process your payment for such Products;
14.1.3 search the records of credit reference and other agencies to confirm your identity and age; and
14.1.4 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
15 OTHER TERMS
15.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 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.
15.5 These Terms are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts.
16 INFORMATION ABOUT US AND HOW TO CONTACT US
16.1 We are a company registered in England and Wales. Our company registration number is 9652576 and Our registered office is at 10 Laurel Road, Gillingham, Kent, ME7 1NT. We are not registered for VAT. We are registered with the Information Commissioner’s Office as a Data Controller under reference ZA130812.
16.2 If you have any questions or if you have any complaints, please contact us. You can contact us by e-mailing us at firstname.lastname@example.org.
17.2 We may collect the following information:
17.2.2 contact information including home and delivery address, telephone numbers and email addresses;
17.2.3 demographic information such as postcode, preferences and interests;
17.2.4 other information relevant to customer surveys and/or offers; and
17.2.5 such personal information (eg date of birth) as may be necessary to ensure compliance with the law with regard to the sale of age restricted items such as alcohol.
17.3 We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
17.3.1 to carry out obligations arising from any contracts entered into with you;
17.3.2 internal record keeping;
17.3.3 to improve our products and services; and
17.3.4 to comply with the law, particularly with regard to the sale of age restricted items.
17.4 We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
17.5 From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
17.6 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
17.7 We will only share your personal information with other organisation as required by the law, or in accordance with our data protection registration. The only other party with whom we regularly share customers’ information is a credit reference agency for the purposes as set out in clause 12.2 above.
Terms and Conditions updated August 2015