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Terms and conditions of sale
1. These terms
What these terms cover.
These are the terms and conditions on which we supply products to you through the www.sonality.co.uk website (our “Website”).
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
Who we are.
We are Widcombe Kingsley Limited, trading as Sonality, a company registered in England and Wales. Our company registration number is 10900248 and our registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. Our registered VAT number is 275 9955 35.
How to contact us.
You can contact us by writing to us at firstname.lastname@example.org.
How we may contact you.
If we have to contact you we will do so in writing to you at the email address you provided to us in your order.
3.Our contract with you
How we will accept your order.
Our acceptance of your order will take place when we email you stating that we have reviewed your order and have accepted it, at which point a contract will come into existence between you and us. We reserve the right to reject your order at any time in accordance with clause 11 of these terms.
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 order. This might be because the product is out of stock, because of unexpected limits on our resources, 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. Further, we expressly reserve the right to reject and/or cancel orders if, in our sole discretion, the content you have asked us to use in the course of producing products does not comply with our content standards set out in our Terms and Conditions of Use.
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.
We currently only sell to the UK and territories in the European Union.
Our website is solely for the promotion of our products in the UK and EU. You are not authorised to place an order for products if you are based outside of these territories.
4. Our products
Products may vary slightly from their pictures.
The images of the products and images, fonts, print materials and other customisation options in respect of the products displayed on our website are for illustrative purposes only. Although we have made every effort to display the colours, images, size, fonts, print material and overall look of the products accurately, we cannot guarantee that a device’s display of the created garment accurately reflects the finished product. Your product may vary slightly from any images displayed on our website or any images uploaded by you to be in incorporated in the products.
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. You can find information and tips on how to measure on our website or by contacting us. There may be some immaterial differences between the sizing of products as stated on our website and the products you receive.
5. Test Products
Where applicable, we will allow you place an order for a product from us which is standard and not personalised (a “Test Product”). We do this as we want you to feel confident in the personal fit, style and quality of our products before purchasing from us.
You are able to order a Test Product through our Website. In doing so, you will be required to make payment for that Test Product at the time of placing your order and will be able to try that Test Product (to the same extent that you would be allowed to in a shop) for a period of 7 days from the date of delivery. You must post the Test Product back to us within 7 days of the date of delivery to you. If the Test Product is not posted back to us by this date you will not be entitled to a refund of the price paid for the Test Product.
You must not do any of the following with the Test Product:
- Wear the Test Product for any other purpose than trying on the Test Product for fit and feel. You must not wear the Test Product for any other purpose; and
- You must not remove any tags or treat the Test Product in a way that you would not treat a clothing product in a clothing store.
We may be entitled to make deductions to any applicable refund for a Test Product in accordance with clause 10.
6. Rights to make changes
Your right to make changes.
If you wish to make a change to any personalised products 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 you benefit from some rights to end the contract. Whether or not such rights will apply are further set out in clause 8 below.
Our rights to make changes. We may change the product to reflect changes in relevant laws, regulatory requirements and, if we consider it appropriate, in order for imaging used in respect of the products to comply with our Content Standards.
7. Providing the products
The costs of delivery will be as displayed to you on our website.
When we will provide the products.
During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery date at the time of us accepting your order, which will be within 30 days after the day on which we accept your order.
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 reasonably 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.
If you are not at home when the product is delivered.
Under the circumstances that no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery partner will leave you a note informing you of where your package can be collected or, if applicable, how to rearrange delivery.
What happens If you do not re-arrange delivery.
If applicable and you do not re-arrange delivery or collect your products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and the relevant part of clause 11 will apply.
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:
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
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, 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.
Ending the contract for late delivery.
If you do have the right to treat the contract as at an end for late delivery under this clause 7, you can cancel your order for any of the goods or reject goods that have been delivered. 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 return them to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at email@example.com for a return label or to arrange collection.
When you own goods.
You will only own a product which is goods once we have received payment in full, reviewed your order, produced the goods, prepared the goods for delivery and received payment for the goods in full.
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.
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, your email address, your name, your delivery address, your billing information etc. If so, this will have been stated and requested at the time of completing your order. 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 accurate information at the time of us asking for it.
8. Your rights to end the contract
You may have rights to end the 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.
Ending the contract under Consumer Contracts Regulations 2013.
For most products bought online you have a legal right to change your mind within 14 days of delivery of the products and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
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:
- we have told you about an upcoming material change to the product or these terms which you do not agree to;
- 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;
- there is a risk that supply of the products may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something we have done wrong.
When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of:
- products (including t-shirts and other clothing items) which are made to your specifications or clearly personalised (which, for the avoidance of doubt, includes items which incorporate our template imaging, colours, or other materials, your imaging, colours or materials, or any other product which we will produce just for you after we accept your order);
- digital products after you have started to download or stream these;
- services, once these have been completed, even if the cancellation period is still running; and
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
9. How to end the contract with us
Tell us you want to end the contract.
To end the contract with us, please let us know by sending an email to firstname.lastname@example.org including your name, home address, details of the order and, where available, your phone number and email address. Alternatively you can print off the model cancellation form found at the end of these Terms and Conditions of Sale and post it to us at the address on the form or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. However, given the speed at which your order will likely be processed and dispatched we do strongly recommend sending an email to us in the first instance.
Returning products after ending the contract.
If you have a valid legal right to end the contract after products have been dispatched to you, or after you have received them, you must return them to us. You must return the goods by posting them them back to us at PO Box 1181, UXBRIDGE, UB8 9DJ. Please email us at email@example.com for a return label.
If you are exercising your right to change your mind you must post the goods to us within 14 days of you telling us you wish to end the contract.
When we will pay the costs of return.
We will pay the costs of return:
- if the products are faulty or misdescribed; or
- 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.
Entitlement to refunds.
You will be entitled to a refund for the price you paid for the products (as well as delivery cost in the circumstances set out in clause 9) by the method you used for payment, in each of the following scenarios:
- you qualify for, and are able to exercise your right to change your mind under clause 8 (which for the avoidance of doubt will not apply to personalised products);
- you’re able to demonstrate that the products are faulty or misdescribed and you inform us of this within 30 days of delivery of those products;
- the products are faulty or misdescribed and you inform us of this anytime within one month and six months of delivery of those products, and those products cannot be repaired or replaced; and
- the products do not last a reasonable length of time, although we may make reasonable deductions from the refund in accordance with our statutory rights.
Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind under clause 8 we may reduce your refund of the price 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
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 your refund will be made within 14 days from 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.
11. Our rights to end the contract
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:
- 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, your name, delivery address, email address, credit card details etc.; or
- we consider any products within your order to not comply with our Content Standards at any stage prior to shipping the products to you, in which case we will provide you with a full refund for such products.
You must compensate us if you break the contract.
If we end the contract in the situations set out in this clause 11 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. If there is a problem with the product
If you have any questions or complaints about the product, please contact us. Please contact us at firstname.lastname@example.org.
13. Price and payment
Where to find the price for the product.
The price of the product (which includes VAT, if applicable) will be the price indicated on the order pages when you placed your order. Delivery costs will be provided to you via our Website prior to you completing your order – delivery costs are not included in the product price displayed on the Website. We use our best efforts to ensure that the price of the product advised to you is correct. However please see the below for what happens if we discover an error in the price of the product you order.
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 unless it should have been obvious to you at the time of placing the order that the price of the product was incorrect. 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.
When you must pay and how you must pay.
We accept most major credit and debit cards. You must pay for the products at the time of placing your order. We will not charge your credit or debit card until we dispatch the products to you.
14. Our responsibility for loss or damage suffered by you
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.
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.
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.
15. How we may use your personal information
How we will use your personal information.
We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
16. Other important terms
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
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. 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.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
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.
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.
Alternatively you can simply write to us at our postal address, including details of:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
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