Terms & Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract) to the exclusion of all others including any which you seek to impose on us. Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. 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.
We recommend that you print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 8. Every time you place an order for any Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 01/09/16
These Terms, and any Contract between us, are only in the English language.
1. ABOUT US
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you need to let us know that you have decided to cancel. The easiest way to do this is to fill in a contact us form which will arrive with us via email. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing firstname.lastname@example.org or by filling in the form on our website at www.designandthebear.com/about us
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid 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 the images on our site.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a % tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 We hereby reserve the right to add to or delete Products from our product range at any time or to change the specification of products without notice. This does not affect your statutory rights.
3. PERSONALISED OR MADE-TO-ORDER PRODUCTS
3.1 In respect of personalised or made-to-order Products we make such Products according to the information (in whatever form it may take) that you provide to us.
3.2 You are responsible for ensuring that the information you provide including any spelling, grammar or measurements is correct and accurate. We cannot accept the return of made-to-measure Products if the reason for the return is because you provided us with incorrect information. Note that this will not affect your legal rights as a consumer in relation to personalised or made-to-order Products that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.
3.3 Personalised or made-to-order Products cannot be returned or a refund paid.
3.4 On receipt of an order for personalised or made-to-order Products we will aim to send you a proof for your approval as soon as reasonably practicable and will aim to deliver orders within 4 weeks of receipt of your final approval of a proof. However, we will notify you of an expected delivery date on receipt of approval of the proof which may be more than 4 weeks.
4. USE OF OUR SITE
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
5. USE OF YOUR PERSONAL INFORMATION
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
7. CONTRACT FORMATION
7.1 Our shopping pages or a member of staff 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 stage of the order process.
7.2 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. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 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 your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product and do not wish to wait for the Product to come back in to stock (if this option is available), we will refund you the full amount including any delivery costs charged as soon as possible.
8. VARIATION OF THESE TERMS
8.1 We amend these Terms from time to time and expressly reserve the right to do so at any time. Please look at the top of this page to see when these Terms were last updated and therefore which Terms apply to the Contract.
8.2 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.
8.3 We may revise these Terms as they apply to your order for Products from time to time to reflect any changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your order for Products, 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) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are acting as a consumer. The following sub-clauses 9.1 – 9.8 refer to your legal rights as a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 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 However, this cancellation right does not apply in the case of:
(a) any Products that are made to your specifications or are clearly personalised such as, for example, personalised stationary;
(b) any Products liable to deteriorate or expire rapidly.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel or ask for a refund at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
one Product which is delivered in instalments on separate days.
multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
9.4 To cancel a Contract, you must inform us that you have decided to cancel. The easiest way to do this is to fill in a contact us form which will arrive with us via email. If you send us your cancellation notice by e-mail in accordance with clause 1.2. Please include details of your order to help us to identify it including any order number or code provided when you purchased the Products.
(a) If you decide to cancel your Contract we will:
(i) 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. They must be returned to us carefully repackaged, and returned in their original packaging in a re-saleable condition. Failure to do this will entitle us to not provide you with a refund and you will be responsible for all costs associated with returning the Products to you. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(ii) 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 (provided that this is a common and generally acceptable method). For example, if you choose to have the Product delivered within 24 hours at a higher cost than our standard postage methods, we will only refund what you would have paid for the cheaper delivery option.
(iii) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
· 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. For information about how to return a Product to us, see clause 9.9;
· if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
9.6 We advise you to obtain proof of postage when returning any Products as they will remain in your ownership and control until such time as we have received them in accordance with these Terms and have acknowledged receipt.
9.7 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, 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.
9.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers or gift cards to pay for the Product we may refund you in the same.
(a) If a Product has been delivered to you and you subsequently decide to cancel your Contract:
(i) you must return it to us without undue delay and in any event not later than 30 days after the day on which you let us know that you wish to cancel the Contract. You should send it back, to Design and the Bear Returns, 10 Arlington Road, Surbiton, Surrey, KT6 6BN
(ii) Products bought in sale must be returned within 14 days of purchase.
(iii) 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.
9.10 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 10 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.1 It is not possible to apply multiple promotions to an order. This includes site wide discounts, however does not include items on sale.
11. DELIVERY AND DELIVERY CHARGES
Delivery and its cost is set out in our Delivery Policy – www.designandthebear.com/delivery
11. PRICE OF PRODUCTS
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our reasonable efforts 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 11.5 below for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 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 and are more generally set out in our Delivery Policy – www.designandthebear.com/delivery
11.5 Our site and range of Products 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.
12.1 Payment for the Products and all applicable delivery charges is in advance.
12.2 Gift cards/vouchers
Can only be redeemed at www.designandthebear.com and may only be used in connection with any one transaction. Gift cards cannot be exchanged for cash and remain valid for 6 months from the date of purchase following which time the code will become inactive and all monies stored on the card lost. Design and the Bear will not accept liability for lost gift cards or cards that are not used in part or full by the date ending 6 months after the date of purchase.
13. INTELLECTUAL PROPERTY
Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
13.1 All IntellectualProperty Rights in or arising out of or in connection with our site or the Products shall be owned by us.
13.2 You acknowledge that, in respect of any third party Intellectual Property Rights in the Products, your use of any such Intellectual Property Rights may be conditional on us first obtaining that third party’s approval.
14. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 only applies if you are a consumer
14.1 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. 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.
14.2 We only supply the Products to you for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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
(e) defective products under the Consumer Protection Act 1987.
15. EVENTS OUTSIDE OUR CONTROL
15.1 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 15.2.
15.2 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.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
15.4 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.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer you may contact us as described in clause 1.2.
17. OTHER KEY TERMS
17.1 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.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 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.
17.5 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.
17.6 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.