Our terms
1.
These terms
1.1
What
these terms cover. These are the terms and conditions on which we supply
products 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 contract, 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 to discuss.
2.
Information
about us and how to contact us
2.1
Who
we are. We are Tulip Grips, a sole trader established in England and Wales.
2.2
How
to contact us. You can contact us 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 or postal 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 and messages to or from
our official accounts on any social media platforms from which we operate
(where in existence from time to time).
3.
Our contract with you
3.1
How
we will accept your order. Our acceptance of your order will take place
when we receive your payment for your order, 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 via email 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, measurements,
shapes, and colours may vary. Due to the nature of the material used, and
variety of appearance of the material, colours and appearance may vary.
4.2
Product
packaging may vary. The packaging of the product may vary from that shown
in images on our website.
4.3
Making sure your measurements are accurate. If we are making the
product to measurements you have given us you are responsible for ensuring that
these measurements are correct.
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. These changes will not
affect your use of the product.
6.2
More
significant changes to the products and these terms. In addition, as we
informed you in the description of the product on our website, we may make the
following changes to the product, but if we do so we will notify you and you
may then contact us to end the contract before the changes take effect and
receive a refund for any products paid for but not received:
(a) Change
of material to be used
(b) Change
of shape or finish of the product
(c) Change
of size 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: During the order process we will let you
know when we will provide the products to you.
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
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) delivery
within the delivery deadline was essential (taking into account all the
relevant circumstances); or
(c) you
told us before we accepted your order that delivery within the delivery
deadline was essential.
7.5
Setting a new deadline for delivery. If you do not wish to treat
the contract as at an end straight away, or do not have the right to do so
under clause 7.4, you can give us a new deadline for delivery, which must be
reasonable, and you can treat the contract as at an end if we do not meet the
new deadline.
7.6
Ending the contract for late delivery.
If you do choose to treat the contract as at an end for late delivery under clause 7.4, you can cancel your order for any of the goods or reject goods
that have been delivered. If you wish, you can reject or cancel the order for
some of those goods (not all of them), unless splitting them up would
significantly reduce their value. After that we will refund any sums you have
paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you
must post them back to us.
7.7
When
you become responsible for the goods. A product will be your responsibility
from the time the product is delivered to the address you gave us.
7.8
When
you own goods. You own a product once we have received payment in full,
unless they are to be made to order in which case you own the product once
payment has been received in full and the product has been made by us.
7.9
What
will happen if you do not give required information to us. We may need
certain information from you so that we can supply the products to you, for
example a delivery address. If so, this will have been stated in the
description of the products on our website or during your order process. If you
do not give us this information within a reasonable time of us asking for it,
or if you give us incomplete or incorrect information, we may either end the
contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to
compensate us for any extra work that is required as a result. We will not be
responsible for supplying the products late or not supplying any part of them
if this is caused by you not giving us the information we need within a
reasonable time of us asking for it.
7.10
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
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 misdescribed 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 8.6
8.2
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 (d) below the contract
will end immediately and we will refund you in full for any products which have
not been provided and you may also be entitled to compensation. 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) 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.
8.4
Our
goodwill guarantee. Please note, these terms reflect the goodwill guarantee
offered by Tulip Grips of Sheffield to its UK customers, which is more generous
than your legal rights under the Consumer Contracts Regulations in the ways set
out below. This goodwill guarantee does not affect your legal rights in
relation to faulty or misdescribed products (see clause 11.2):
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
14 day period to change
your mind.
21 day period to change
your mind.
8.5
How
long do I have to change my mind? You have 21 days
after the day you (or someone you nominate) receives the goods, unless:
(i)
Your
goods are split into several deliveries over different days. In this case
you have until 21 days after the day you (or someone you nominate) receives the
last delivery to change your mind about the goods.
(ii)
Your
goods are for regular delivery over a set period. In this case you have
until 21 days after the day you (or someone you nominate) receives the first
delivery of the goods.
8.6
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 and paid for. 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 (or,
if you have not made an advance payment, charge you) as compensation for the
net costs we will incur as a result of your 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 doing one of the following:
(a)
Email.
Email us at [email protected]. Please provide your name, details of the
order and, where available, your phone number and email address.
(b)
Online.
Complete the ‘Contact’ form on our website.
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 return the goods by post them back to us or (if
they are not suitable for posting) allow us to collect them from you. Please
email us at [email protected] to
arrange returns. 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 misdescribed;
(b) if
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
What
we charge for collection. If you are responsible for the costs of return
and we are collecting the product from you, we will charge you the direct cost
to us of collection. The costs of collection will be the same as our charges
for standard delivery for the product being collected.
9.5
How we
will refund you. We will refund you
the price you paid for the products including delivery costs, by the method you
used for payment. However, we may make deductions from the price, as described
below.
9.6
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. See tulipgrips.com/returns
for information about what handling is acceptable and examples. 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 and we have not offered to
collect them, 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.
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 14 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, postal
address;
(c) you
do not, within a reasonable time, allow us to deliver the products to you;
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 write to us at [email protected] or via the ‘Contact’ page at
tulipgrips.com/contact
11.2
Summary
of your legal rights. We are under a legal duty to supply products that are
in conformity with this contract. See the box 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.
As your product is goods (as defined under the Consumer Rights Act 2015),
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:
a) Up to 30 days: if your goods are faulty, then you can
get an immediate refund.
b) Up to six months: if your goods can't be repaired or
replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable
length of time you may be entitled to some money back.
See also clause
8.3.
See also Exercising your right to change your
mind (Consumer Contracts Regulations 2013).
11.3
Your
obligation to return rejected products. If you wish to exercise your legal
rights to reject products you must either return them in person to where you
bought them, post them back to us or (if they are not suitable for posting) allow
us to collect them from you. Please or email us at [email protected] to arrange returns.
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 12.2 for what happens if we discover an error in the price of the
product you order.
12.2
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. If we accept and process your order
where a pricing error is obvious and unmistakeable and could reasonably have
been recognised by you as a mispricing, we may end the contract, refund you any
sums you have paid and require the return of any goods provided to you.
12.3 When you must pay and how you must pay.
We accept payment with PayPal and Stripe. You must pay for
the products before we dispatch them. We will not charge your credit or debit
card until we dispatch the products to you.
12.4
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
13.
Our responsibility for loss or damage
suffered by you
13.1
We
are responsible to you for foreseeable loss and damage caused by us. If we
fail to comply with these terms, we are responsible for loss or damage you
suffer that is a foreseeable result of our breaking this contract or our
failing to use reasonable care and skill, but we are not responsible for any
loss or damage that is not foreseeable. Loss or damage is foreseeable if either
it is obvious that it will happen or if, at the time the contract was made,
both we and you knew it might happen, for example, if you discussed it with us
during the sales process.
13.2
We do
not exclude or limit in any way our liability to you where it would be unlawful
to do so. This includes liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or subcontractors;
for fraud or fraudulent misrepresentation; for breach of your legal rights in
relation to the products including the right to receive products which are: as
described and match information we provided to you and any sample or model seen
or examined by you; of satisfactory quality; fit for any particular purpose
made known to us; supplied with reasonable skill and care and, where installed
by us, correctly installed; and for defective products under the Consumer
Protection Act 1987
13.3
We
are not liable for business losses. We only supply the products for
domestic and private use. If you use the products for any commercial, business
or re-sale purpose we will have no liability to you for any loss of profit,
loss of business, business interruption, or loss of business opportunity.
14.
How
we may use your personal information
14.1 How we may use your personal information. We will only use your personal information as
set out in our privacy policy.
15.
Other important terms
15.1
We
may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will contact you to
let you know if we plan to do this. If you are unhappy with the transfer you
may contact us to end the contract within 7 days of us telling you about it and
we will refund you any payments you have made in advance for products not
provided.
15.2
You
need our consent to transfer your rights to someone else (except that you can
always transfer our guarantee). You may only transfer your rights or your
obligations under these terms to another person if we agree to this in writing.
We may not agree. However, you may transfer our guarantee at clause 8.4 to a person who has acquired the product or, where the product is
services, any item or property in respect of which we have provided the
services. We may require the person to whom the guarantee is transferred to
provide reasonable evidence that they are now the owner of the relevant item or
property.
15.3
Nobody
else has any rights under this contract (except someone you pass your guarantee
on to). This contract is between you and us. No other person shall have any
rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the
agreement of any other person in order to end the contract or make any changes
to these terms.
15.4
If a
court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or
relevant authority decides that any of them are unlawful, the remaining
paragraphs will remain in full force and effect.
15.5
Even
if we delay in enforcing this contract, we can still enforce it later. If
we do not insist immediately that you do anything you are required to do under
these terms, or if we delay in taking steps against you in respect of your
breaking this contract, that will not mean that you do not have to do those
things and it will not prevent us taking steps against you at a later date. For
example, if you miss a payment and we do not chase you but we continue to
provide the products, we can still require you to make the payment at a later
date.
15.6
Which
laws apply to this contract and where you may bring legal proceedings:
These terms are governed by English law and you can bring legal proceedings in
respect of the products in the English courts. If you live in Scotland you can
bring legal proceedings in respect of the products in either the Scottish or
the English courts. If you live in Northern Ireland you can bring legal
proceedings in respect of the products in either the Northern Irish or the
English courts.