Trading Terms

BACKGROUND:

 

These terms set out the basis on which Goods are sold by Us to You via www.themackerelmakery.co.uk (Our Site). By ordering any Goods from Our Site You confirm You have read and accepted these terms.

1.Definitions and Interpretation

1.1 In these terms, the following expressions mean:

 

Contract : the contract between Us and You in respect of the Goods;

Goods : the goods sold by Us through Our Site;

Order : Your order for the Goods;

 

Order Confirmation : Our acceptance and confirmation of Your Order;

Order Number : the reference number for Your Order;

We/Us/Our : The Mackerel Makery Ltd (company number 13180532, whose registered office is at Rock Hall, Rock Terrace, Heamoor, Penzance, TR18 3JJ);

You/Your  : you, as the customer.

 

1.2 References to “in writing” include by email.

 

1.3 Access to and Use of Our Site

1.4 Use of Our Site is also subject to Our Privacy policy.

2. Business Customers

Purchase of Goods via Our Site is for consumers only. 

3. Goods, Pricing and Availability

 

3.1 We take reasonable efforts to ensure that all descriptions and graphical representations of goods correspond to the actual Goods.  Please note, however:

a. images of Goods are illustrative only.  There may be slight variations in colour between the image of a Good and the actual Goods sold due to differences in computer displays and lighting conditions;

 

b. descriptions of packaging are for illustration only, the actual packaging of Goods may vary.

3.2 Please note that clause 3.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. 

3.3 We cannot guarantee that Goods will be available.  Stock indications are not provided on Our Site.

3.4 Minor changes may, from time to time, be made to certain Goods between Your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws.  Any such changes will not change the main characteristics of the Goods and will not normally affect Your use of those Goods.

3.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and at Our absolute discretion.

3.6 All prices are checked by Us before We accept Your Order.  In the event that We show incorrect pricing information, We will contact You in writing.  If the correct price is lower than that shown, We will charge You the lower amount and continue to process Your Order.  If the correct price is higher, We will give You the option to purchase the Goods at the correct price or to cancel Your Order (or the affected part of it).  We will not process Your Order in this case until You respond.  If We do not receive a response from You within 7 days, We will cancel Your Order and notify You of this in writing.

3.7 All prices on Our Site include VAT.  If the VAT rate changes between Your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

3.8 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to You as part of the Order process.

4. Orders – How Contracts Are Formed

4.1 Our Site will guide You through the ordering process.  Before submitting Your Order You will be given the opportunity to review Your Order and amend it.  Please ensure that You have checked Your Order carefully before submitting it.

4.2 If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process Your Order due to incorrect or incomplete information, We will contact You to ask You to correct it.  If You do not give Us the accurate or complete information within a reasonable time of Our request, We may cancel Your Order and treat the Contract as being at an end.  If We incur any costs as a result of Your incorrect or incomplete information, We may pass those costs on to You.

4.3 No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You an Order Confirmation by email.  Only once We have sent You an Order Confirmation will there be a legally binding Contract between Us and You.

4.4 Order Confirmations shall contain the following information:

a. Your Order Number;

b. confirmation of the Goods ordered;

c. itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

d. estimated delivery date(s);

4.5 In the unlikely event that We do not accept or cannot fulfil Your Order for any reason, We will notify You in writing.  If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 days.

4.6 Unless We agree otherwise, any refunds due under these terms will be made using the same payment method that You used when ordering the Goods.

5. Payment

Payment for Goods and related delivery charges must always be made in advance and You will be prompted to pay during the Order process.

6. Delivery, Risk and Ownership

6.1 All Goods purchased through Our Site will normally be delivered in accordance with the time period set out in the Order process.

6.2 We use Royal Mail or similar services to deliver Your Goods. You are responsible for ensuring that You are available to receive the Goods.

6.3 Delivery shall be deemed complete and the responsibility for the Goods will pass to You once delivered to the address You provide or collected by You (whichever is the earlier).

6.4 Ownership of the Goods passes to You once We receive payment in full of all sums due (including any applicable delivery charges).

7. Faulty, damaged or incorrect Goods

7.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase and in accordance with any pre-contract information We have provided.  If any Goods do not comply and, for example, have faults or are damaged when You receive them, or if You receive incorrect Goods, please contact Us at info@themackerelmakery.co.uk as soon as reasonably possible to inform Us, and to arrange for a refund, repair or replacement.  Your available remedies are as follows:

a. beginning on the day that You receive the Goods (and ownership of them) You have a 30 day right to reject the Goods and to receive a full refund if they do not conform as stated above;

b. if You do not wish to reject the Goods, or if the 30 day rejection period has expired, You may request a repair of the Goods or a replacement.  We will carry out the repair or replacement within a reasonable time and without significant inconvenience to You.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may offer You an alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If You request a repair or replacement during the 30 day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that You receive the replacement or repaired Goods;

c. if the Goods do not last a reasonable length of time, You may be entitled to a partial refund.  Please be aware that after six months since You received the Goods, the burden of proof will be on You to prove that the defect or non-conformity existed at the time of delivery.

d. Please note that You will not be eligible to claim under this clause 9 if You purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that You may not return Goods to Us under this clause 9 merely because You have changed Your mind.  As a consumer, You have a legal right to a 14 day cooling-off period within which You can return Goods for this reason.  Please refer to clause 10 for more details.

7.2 To return Goods to Us under this clause 7, please contact Us at info@themackerelmakery.co.uk to arrange for return.  We will be responsible for the reasonable delivery costs of returning Goods under this clause 7 and will reimburse You where appropriate.

7.3 Refunds (whether full or partial, including reductions in price) under this clause 7 will be issued within 14 days of the day on which We agree that You are entitled to the refund.

7.4 For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

                                                                                                           

8. Cancelling and Returning Goods if You Change Your Mind

8.1 As a consumer, You have a legal right to a 14 days “cooling-off” period within which You can cancel the Contract for any reason. This period begins once Your Order is complete and We have sent You Your Order Confirmation.  You may also cancel for any reason before We send the Order Confirmation. 

8.2 If You wish to exercise Your right to cancel under this clause 8, You must inform Us of Your decision within the cooling-off period.  You may do so in any way You wish, however for Your convenience we suggest You email us at info@themackerelmakery.co.uk.  Cancellation by email or by post is effective from the date on which You send Us Your message.  Please note that the cooling-off period lasts for whole days.  If, for example, You send Us an email or letter by 23:59:59 on the final day of the cooling-off period, Your cancellation will be valid and accepted.  If You would prefer to contact Us directly to cancel, please use the following details:

a. Telephone: 07595 303884;

b. Email: info@themackerelmakery.co.uk;

c. Post: Rock Hall, Rock Terrace, Heamoor, Penzance, TR18 3JJ;

In each case, providing Us with Your name, address, email address, telephone number, and Order Number.

8.3 Please note that You may lose Your legal right to cancel under this clause 10 in the following circumstances, if the Goods:

a. have been personalised or custom-made for You (e.g. jewellery);

b. are damaged or used otherwise than in accordance with Your statutory rights;

c. have been removed from their protective packaging and/or the security tag has been removed.

8.4 Please ensure that You return Goods to Us no more than 14 days after the day on which You have informed Us that You wish to cancel under this clause 8. Please read our Refund and Return policy for guidance on how to return Goods.

8.5 You may return Goods to Us in person during Our business hours or You may return them by post or another suitable delivery service of Your choice to Our returns address at Rock Hall, Rock Terrace, Heamoor, Penzance, TR18 3JJ.  Please note that You must bear the costs of returning Goods to Us if cancelling under this clause 8.

8.6 Refunds under this clause 8 will be issued to You within 14 days of the following:

a. the day on which We receive the Goods back; or

b. if We have not yet provided You with an Order Confirmation or have not yet dispatched the Goods, the day on which You inform Us that You wish to cancel the Contract.

8.7 Refunds under this clause 8 may be subject to deductions in the event of any diminished value in the Goods resulting from Your excessive handling of them (e.g. no more than would be permitted in a shop).  Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge You an appropriate sum if We find that the Goods have been handled excessively.

9. Our Liability to You

9.1 We will be responsible for any foreseeable and reasonable direct loss or damage that You suffer as a result of Our breach of these terms (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

9.2 We only supply Goods for domestic and private use by You.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

9.3 Nothing in these terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

9.4 Nothing in these terms seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

10 Events Outside of Our Control (Force Majeure)

10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.

10.2 If any event described under this clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these terms:

a. We will inform You as soon as is reasonably possible and take reasonable steps to minimise the delay;

b. to the extent that We cannot minimise the delay, Our obligations under these terms (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

c. We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

d. if the event outside of Our control continues for more than 90 days We will cancel the Contract and inform You of the cancellation.  Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;

e. if an event outside of Our control occurs and continues for more than 90 days and You wish to cancel the Contract as a result, You may do so in any way You wish. 

10.3        Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.

11. Communication and Contact Details

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You wish to contact Us in respect of the Goods or Your Order (including any problems, complaints or cancellations) then, You may contact Us by:

a. Telephone at 07595 303884,

b. Email at info@themackerelmakery.co.uk, or

c. Post at Rock Hall, Rock Terrace, Heamoor, Penzance, TR18 3JJ.

12. How We Use Your Personal Information (Data Protection)

12.1 All personal data that We collect about You and use will be processed in accordance with UK data protection law (including, but not limited to, the UK GDPR pursuant to Regulation (EU) 2016/679 General Data Protection Regulation as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).

12.2. For complete details of Our processing of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

13. Other Important Terms

13.1 We may transfer (assign) Our obligations and rights under these terms (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  Your rights under these terms will not be affected and Our obligations under these terms will be transferred to the third party who will remain bound by them.

13.2 You may not transfer (assign) Your obligations and rights under these terms (and under the Contract, as applicable) without Our express written permission. 

13.3 The Contract is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these terms. 

13.4 If any of the provisions of these terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms.  The remainder of these terms shall be valid and enforceable.

13.5 No failure or delay by Us in exercising any of Our rights under these terms means that We have waived that right, and no waiver by Us of a breach of any provision of these terms means that We will waive any subsequent breach of the same or any other provision.

13.6 We may revise these terms from time to time in response to changes in Our business offering, relevant laws and other regulatory requirements.

14. Law and Jurisdiction

14.1 These terms, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales.

14.2 As a consumer, You benefit from mandatory provisions of the law in Your country of residence. Nothing in clause 14 takes away or reduces Your rights as a consumer to rely on those provisions.

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