Terms of Sale
If you have any questions about these Terms of Sale please get in touch with us at email@example.com and we will do our best to help!
1. What are these Terms of Sale for? Are they important?
These terms and conditions (“Terms of Sale“) relate to and regulate any purchase of an item (the “Product“) sold on www.clumsyunicorn.com (the “Website“).
When you make a purchase on this Website you will be asked to confirm your acceptance or these Terms of Sale and by doing so a contract (“Contract“) is formed between you and The Clumsy Unicorn (“TCU“, “we” or “us” , subject to these Terms of Sale.
It is therefore important that you read these Terms of Sale carefully before placing an order for Products on this site (“Order“).
If you would like any further information after reading these Terms of Sale please contact us at firstname.lastname@example.org.
2. Who are we?
In these Terms of Sale “The Clumsy Unicorn“, “we” or “us” means the trader of the Products. We can be contacted as indicated in our Contact Us page.
“You” means you the customer.
3. Are the descriptions of your products always accurate?
We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description or pricing of the Products, or that Products will always be available if you wish to Order them.
Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.
We reserve the right to modify the information about Products displayed on our Site, including prices, description and availability. However, such changes will not affect Orders for which you have already received an Order confirmation email (see below).
We do our very best to ensure that we keep information about our products accurate and up to date!
Unfortunately there may occasionally be errors in the description or pricing of our products. Also, whie we try to take high quality photos of our products we cannot guarantee that your computer will accurately display the colours.
We have the right to alter the information abour products on our site when necessary. These alterations may include prices, descriptions and availability.
If we alter the information relating to a product on our site this will not affect orders that you have already placed.
4. How do I make a purchase on this website?
Here’s a step-by-step guide to making a purchase (in legal terms, to conclude a purchase Contract)on The Clumsy Unicorn.
The steps required to create the Contract between us are:
- You place the Order for your Products on the Website by adding the Products to your basket. Simple instructions will quide you through the process of placing an Order when you click on “Proceed to Checkout”.
- You fill in all the details required to complete a purchase and make a payment. You are responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
- You press the confirm order button at the end of the checkout process.
- We will send to you an order acknowledgement email detailing the Products you have ordered. This is not an Order Confirmation. You should check that the details in this order acknowledgment are correct, and keep a copy of it.
- We will send to you an Order Confirmation email once your order has been shipped. The completion of the Contract will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it. The Contract will relate only to the Products stated in the Order Confirmation. We will not be obliged to supply any Products in your order until you receive an Order Confirmation. You should check that the details in the Order Confirmation are correct, and keep a copy of it.
We reserve the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at its sole discretion. Non-acceptance of an order may be a result of one of the following:
- the Products you ordered being unavailable;
- our inability to obtain authorisation and confirmed receipt for your payment;
- the identification of a pricing or product description error; or
By placing an order with us you acknowledge that any business conducted thereunder will be subject to these Terms of Sale. A Contract will exist only once we have received your payment and sent an Order Confirmation (whether or not you have received it) and will relate only to the Products specified in the Order Confirmation.
Nothing in these Terms of Sale shall operate to deny or limit any of your rights as a consumer by law. In the event of conflict between the terms of the Contract and any such rights, the latter shall prevail in favour of you as a buyer who does not purchase Products in the course of any kind of business.
All Products offered for sale are subject to availability and subject to our acceptance of the order. No order shall be deemed accepted by us unless and until it is confirmed unconditionally by us via email.
5. How can I pay for the products?
Payment can be made by most major credit or debit cards or using PayPal. While we take all reasonable care and use SSL encryption technology, any Internet data transmission bears risks.
Payment will be taken out of your account before delivery of the Products.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence or breach of statutory duty on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from this Website.
All payments will be taken in the currency the price is displayed at on the site.
6. When will the products be delivered?
We offer delivery only to the UK at the moment although we are hoping to expand this to many other countries in the near future.
Orders for multiple Products will generally be sent as one package, however we reserve the right to deliver the Products in instalments. Subject to your rights as a consumer, if the Goods are to be delivered in instalments each delivery will constitute a separate Contract. You may not treat the Contract (as a whole) as repudiated if we fail to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.
The place for delivery of the Products will be agreed between us and you during the checkout process, which may be an address other than the billing address.
We comply with the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer ct Regulations”). If no delivery dates are specified, orders within the UK will be delivered within 30 days of the original order date. Where earlier dates are specified, these cannot be guaranteed. Any dates quoted for delivery of the Products are indicative only. Time for delivery will not be included within the terms of the Contract and we will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Products however caused.
If you order a Digital Product from us then you can expect a link to access this Product to be delivered in an Order Confirmation email. We typically send this email within 1 hour of placing your order. In the unlikely event of any disruptions to this we will endeavour to provide you with access to the Digital Products included within your Order as soon as is practicable, and no later than 48 hours after your placed your Order.
If we accept an order from you and for reasons beyond our control are unable to supply the Products ordered by you then you will be offered a similar Product of equal or higher value. If preferred we will provide a full refund of the amount paid to us. This will be accepted as full and final settlement of any and all claims you may have as against us for non-delivery.
7. Can I cancel my order?
We’re sorry that you want to cancel your order but we understand that sometimes mistakes are made or circumstances change. If you would like to cancel your order please email email@example.com.
You are entitled to cancel your order at any time prior receiving the Order Confirmation.
If you’re a UK or EU customer, after receiving the Order Confirmation you also have the right to cancel any Order for Products at any time prior receiving the Goods or up until fourteen days after receiving them without giving any reason. This is a statutory right under the Consumer Contract Regulations. If you want to cance your order then we will fully refund the price paid for the goods and the original standard delivery costs. However, you will remain liable for the cost of returning the Products. In additon we will not provide a refund for any delivery charge more expensive than our standard service.
If your Goods are delivered in instalments the cancellation period will be fourteen days after receiving the last of the Goods.
To cance your Order and return the Products you must inform us of your decision to cancel by sending a clear written statement (“Notification of Cancellation”) to firstname.lastname@example.org. After this you should return the Products to us with a copy of your invoice within fourteen days from the day on which you sent your Notification of Cancellation to us.
We will provide you with a full refund not later than fourteen days after the day we receive the Products back from you. If there were no Products supplied then we will provide you with a refund no later than fourteen days after we receive the Notification of Cancellation.
Please note that we may make a deduction from the refund for the loss in value of any Products caused by unnecessary or excessive handling by you.
8. I changed my mind about a product I ordered from you. Can I return it?
We hope that every customer is delighted with their purchase from The Clumsy Unicorn, however if you have any problems with your order please email email@example.com.
If you have changed your mind about a Product we will also allow you to return this Product (other than Digital Products) within 14 days of delivery for a full refund. All returns need to be returned to the standard returns address provided on the delivery slip for a full refund to be possible. You will remain liable for the cost of both the original and return postage.
All Products which are returned to us must be returned in appropriate packaging and with the original invoice. You are liable for damage to Products caused by insufficient packaging and therefore we recommend that you return them in the original packaging.
In order to receive a partial or full refund the Product must be in an unused condition (excepting only Products which have been discovered upon use to be faulty). Kits may be returned only as an entire kit and we are unable to accept the return of part kits.
Unfortunately we cannot accept responsibility for parcels that get lost on the way to us. Since your parcel is your responsibility until it reaches us we recommend using registered post.
We will issue you with a refund for the price you paid for the Products within 30 days of receipt of the returned Products. Once we have processed the refund it may take up to 5 days to appear in your bank account.
9. What do I do if a product is faulty?
We’re so sorry about this! We work really hard to make sure that any Product you Order reaches you in good condition. Unfortunately occasionally mistakes may occur or Products might be damaged in transit. If you have any problems with your order please email firstname.lastname@example.org.
Faulty, defective or wrongly delivered Products will be fully refunded. In these situations we will also refund both the original and return postage costs, wherever you are located. However, please do not return by courier as we will not reimburse courier charges! When returning these Products please make sure that you enclose a copy of the postal cost receipt with the faulty Product so that we can reimburse you for this.
If you receive a faulty, defective or wrongly delivered Product please return it to the returns address provided on the delivery slip as soon as possible for a full refund to be possible.
If you make a claim relating to a faulty or defective Product then we will redund you the price you paid for that Product in the Order within 30 days. We will have no further liability to you in relation to this matter after this point.
You can return faulty Products within 1 year or the longer period that may be set forth by your local law (legal guarantee for consumer goods).
10. What is The Clumsy Unicorn’s liability for problems with a purchase or Product?
We only supply Products for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We can’t be held responsible for delays or failure to perform our obligations under these Terms of Sale if such delay or failure is caused by any circumstances beyond our reasonable control. This includes, for example, natural disasters, war or civil disturbances, strikes, government intervention, failures of our suppliers and failure by you to give us correct information or to provide payment.
We will do our best to inform you of any unforeseen circumstancesas soon as possible after they occur and we will do our best to reduce their impact on our performance as reasonably possible. If any interruption due to unforseen circumstances continues for longer than 2 weeks then you will be entitled to cancel the Order and receive a refund.
11. What happens if one of these Terms cannot be enforced?
We believe these terms are fair and sensible. You should treat each of these Terms as though they are separate. This means that even if one (or more) of these terms cannot be enforced, the rest of these terms will remain in force.
12. Are my personal data collected and processed on this Site? Why? How?
13. Use of this Website
14. Are any other laws applicable to these Terms of Sale?
The laws of the country where your Order will be delivered governs all respects of these Terms of Sale.
If a dispute arrises from a purchase made on The Clumsy Unicorn then the competent courts of this country of delivery will also have exclusive jurisdiction over this matter. This applies to all purchases unless there is a mandatory provision of applicable law to establish legal proceedings in the habitual place of residence of the consumer.