Effective Date: 20 December 2013
1.1 These terms and conditions apply when you buy goods via Souls & Gowns shop on Etsy, https://www.etsy.com/shop/soulsandgowns.
1.2 You are not eligible to buy any Souls & Gowns goods via our shop in Etsy, https://www.etsy.com/shop/soulsandgowns, if:
1.2.1 you are below the legal age to form a binding contract with us (unless you have the consent of your parent / guardian); or
1.2.2 it is unlawful for you to buy or use the goods in, or import them into, your country.
1.3 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2. Right to cancel under “Distance Selling Regulations”
2.1 If you are a consumer (i.e. acting for purposes outside a business), you have the right (ending 7 working days following the day after delivery of goods) to cancel the contract by email to firstname.lastname@example.org or any of the other methods specified in Distance Selling Regulations in which case we will refund the price paid for the goods plus delivery charges attributable to the cancelled item using the same method originally used by you to pay for your purchase. You are required to take reasonable care of items. If you cancel, you must return the goods to us at your own expense. We request that you immediately contact us by email to email@example.com so that we can agree on the postage method and we also request that you provide reasonable co-operation with us to enable this to happen. We will charge you the direct costs of recovery if you personally arrange to return the goods to us at our expense. (This paragraph does not apply to goods to which the right of cancellation under the Distance Selling Regulations does not apply including goods which by their nature cannot be returned or which are made to your specifications or are clearly personalised.)
2.2 Your above rights under the Distance Selling Regulations are not affected by any separate returns policy on our website.
3. Our goods
3.1 Important: Our goods are fragile collectors’ items for display only. They are not suitable, or intended, for use as toys.
4. Display of goods on our website and on our shop in Etsy.
4.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website and in our Etsy, https://www.etsy.com/shop/soulsandgowns, are correct. We have made every effort to display as accurately as possible the appearance / colour / texture / finish of our goods. However, what you see will depend on your monitor and computer equipment and so you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on the screen. For example, the colour tone may differ.
5. Payment and price
5.1 Payment is in advance by the means stated on our shop in Etsy, https://www.etsy.com/shop/soulsandgowns. Despatch of the goods is subject to our receipt of full payment in cleared funds.
5.2 The price for the goods is stated clearly on our shop in Etsy, https://www.etsy.com/shop/soulsandgowns. VAT or sales tax is included unless we say otherwise.
5.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.
5.4 Delivery costs are charged extra at the rate that appears in our shop in Etsy, https://www.etsy.com/shop/soulsandgowns. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities in your country. It is your separate responsibility to pay for these.
6. Your order
6.1 Your order is an offer to buy from us via our shop in Etsy, https://www.etsy.com/shop/soulsandgowns.
6.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
7. Acceptance / unavailability
7.1 In the case of non-customised goods, there will be no binding contract of any kind between you and us unless and until we actually despatch the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
7.2 In the case of customised goods, the contract is accepted once payment is taken. In such case no changes to the order or any cancellation may be made except in accordance with your legal rights (e.g. if there is a fault).
8.1 Delivery will be to the address which you specify when ordering.
8.2 We will do our best to arrange delivery within the time specified on our shop in Etsy, https://www.etsy.com/shop/soulsandgowns, if none, a reasonable period. We are not liable for late delivery to the extent that this is due to circumstances beyond our reasonable control.
8.3 An extra delivery charge may become payable if no-one is present to accept delivery and either you haven’t provided alternative delivery instructions or else you don’t collect the item from a holding depot within 7 days.
8.4 Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
8.5 Please check the goods very carefully on receipt and let us know if they are damaged or faulty.
9. Our responsibility to you
9.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
9.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
9.3 We are not responsible for any loss or damage where:
9.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
9.3.2 such loss or damage was not reasonably foreseeable by both parties;
9.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
9.3.4 such loss or damage relates to a business.
10. Your responsibility to us
10.1 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
11. Intellectual property rights
11.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property. For the purposes of your personal non-commercial use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
12.1 If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
13. Availability of our site
13.1 We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.
14. Third party websites
14.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
15. “Act of God”
15.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control including third party telecommunication failures.
16. English law
T&Cs shall be governed by English law and any disputes will be decided only
by the courts of the
17.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
18.1 If you have any complaints, please contact us via the contact details shown on our website.