Terms and Conditions
Terms and Conditions
These terms reflect the changes introduced by the Consumer Rights Act 2015 which applies to consumer contracts formed on or after 1 October 2015 (or 1 October 2016 for contracts for certain rail passenger services, carriage by air and sea and inland waterway transport).
•Information about us and how to contact us
•Our contract with you
•Your rights to make changes
•Our rights to make changes
•Providing the products
•Your rights to end the contract
•How to end the contract with us (including if you have changed your mind)
•Our rights to end the contract
•If there is a problem with the product
•Price and payment
•How we may use your personal information
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the order, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. The Mermaid's Purse Handmade Goods trading under the name The Mermaid's Purse Yarns, a sole trader established in England and Wales. Our address is 25 Miller Close, NE12 9ER, Newcastle upon Tyne.
2.2 How to contact us. You can contact us by telephoning 07943846096 or by writing to us at [email protected]
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 "Writing" includes emails.When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:A.to reflect changes in relevant laws and regulatory requirements; and B.to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs.The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control.If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered.If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to collect the products from a local depot.
7.5 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:A.we have refused to deliver the goods;B.you told us before we accepted your order that delivery within the delivery deadline was essential.
7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.7 When you own goods. You own a product which is goods once we have received payment in full.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:A.deal with technical problems or make minor technical changes;B.update the product to reflect changes in relevant laws and regulatory requirements;C.make changes to the product as requested by you or notified by us to you (see clause 6).
8. YOUR RIGHTS TO END THE CONTRACT
Note: Consumer's rights to end the contract
8.1 You can always end your contract with us.Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:A.If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;B.If you want to end the contract because of something we have done or have told you we are going to do, see clause
8.2;C.If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;D.In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.78.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:A.we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);B.we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;C.there is a risk that supply of the products may be significantly delayed because of events outside our control;D.we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, or E.you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.8.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:A.Custom dyed yarn for which you have received notification that the dying process has taken place.B.services, once these have been completed, even if the cancellation period is still running;C.products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;D.any products which become mixed inseparably with other items after their delivery.E.Any products which have come into contact with pet hair and/or heavy scents (smoke etc.)F.Any products which have been wound into a ball of cake, have been used, or are not in a saleable condition.
8.6 How long do I have to change my mind?You have 28 days after the day you receive the goods.
8.7 Ending the contract where we are not at fault and there is no right to change your mind.Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund £2.00 as reasonable compensation for the net costs we will incur as a result of you ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by email. Email us at [email protected] Please provide your name, home address, details of the order and your phone number and the email address that you used to purchase the item.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at The Mermaid's Purse Yarns, 25 Miller Close, Newcastle upon Tyne, NE12 9ER, UK. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:A.if the products are faulty or mis-described;B.if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products (including delivery) by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:A.We may reduce your refund of the price (excluding delivery costs) 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. 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.B.The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:A.If the products are goods your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.B.In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.We may end the contract for a product at any time by writing to you if:A.you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;B.you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, email address, delivery address.
10.2 You must compensate us if you break the contract.If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems.If you have any questions or complaints about the product, please contact us. You can email us at [email protected]
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.Summary of your key legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
•up to 30 days: if your goods are faulty, then you can get an immediate refund.
•up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
•up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must post them back to us. We will pay the costs of postage.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product.The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause
12.3 for what happens if we discover an error in the price of the product you order.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay.We accept payment types as referenced on the homepage . For goods, you must pay for the products before we dispatch them.
12.5 What to do if you think an invoice is wrong.If you think an invoice is wrong please contact us promptly to let us know.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:A.to supply the products to you;B.to process your payment for the products; andC.if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to [other] third parties where the law either requires or allows us to do so.