Terms & Conditions
1. IMPORTANT INFORMATION
1.1 These terms and conditions relate to your use of The Stitch Factory website and to the sale of all products to you by us.
1.2 Please read these terms and conditions carefully before browsing The Stitch Factory or placing an order, and retain a copy for your information.
1.3 We reserve the right to change our terms and conditions and our prices at any time without notice to you in relation to future sales, so you must check them each time you use our Website. The date on which these terms and conditions were last updated is clearly stated below.
1.4 Our business address is The Stitch Factory, Unit 2E, Nursery Works, 100 Little London Road, Sheffield, S8 0UJ and our VAT registration number is 716 3515 47
1.5 Please note that, if you are under the age of 18, you must have the consent of the debit / credit card holder (who must be over the age of 18) before purchasing any goods from the Website.
2.1 On accessing the Website, we grant you a limited licence to access and make personal use of the Website for lawful purposes only and in a manner that does not infringe our intellectual property rights or those of third parties, and does not restrict or inhibit the use and enjoyment of the Website by browsers, customers or any other third party.
2.2 If you wish to create a link to our Website, you must first obtain our prior written consent, which can be sought by emailing us at email@example.com
2.3 Links contained in the Website may lead to other websites which are not under our control. We do not endorse or take responsibility for the content of any such linked websites.
2.4 As we respect and endeavour to protect the data we collect from you in the course of purchasing products from us, we shall at all times comply with the Data Protection Act 1998 (as amended from time to time). The information and data collected shall only be used by us for the purposes of processing your order and marketing our products to you. For the avoidance of doubt, your information and data will never be passed on by us to a third party.
2.5 When purchasing products from us, by ticking the box to accept our Terms and Conditions, you confirm that we may email you from time to time with details of our products that we think you might be interested in. Please note that you may unsubscribe from receiving our marketing emails at any time by emailing firstname.lastname@example.org.
3. PLACING AN ORDER
3.1 Whilst browsing the Website, you may place items that you wish to purchase in a virtual shopping basket (Cart). You may access the Cart at any time prior to placing a firm order to view your proposed order and to correct any errors. At this point, you are under no obligation to purchase the items in your Cart. If you wish to place a firm order with us you will be asked to complete the online order form and provide us (and / or a third party payment partner, such as SagePay on our behalf) with payment and delivery details. Once you have completed the online order form, proceeded to the Checkout and confirmed that you have read these terms and conditions, you shall be obliged to purchase those products stated in your order, subject to our Confirmation Email and your right of cancellation (see below).
3.2 If any of the products you have ordered are unavailable at the time of your order, we shall inform you as part of our order confirmation procedure of either (1) the date when the products you have ordered will become available, or (2) details of a substitute product of equivalent quality and price, and shall give you the option to (a) reconfirm your order on the revised basis or (b) cancel it by emailing us with the following details: (i) your order reference number, (ii) the products you ordered, and (iii) (where appropriate) the delivery date (Cancellation Notice). If you fail to inform us of your election by email to email@example.com within 7 working days from the date of our email, your order shall automatically be cancelled. Please see the section on Cancellation below for further details on how you will be reimbursed.
4. DESCRIPTION AND PRICE
4.1 Photographs, measurements and other means of describing the products on the Website shall be as accurate as possible, but please note that the products may be subject to slight variation in manufacture from time to time.
4.2 Although every effort is made to ensure that prices published on the Website are accurate, errors concerning price may occur from time to time.
4.3 All prices quoted on the Website exclude VAT, unless otherwise stated.
4.4 From time to time, we may make certain products available on the Website at a special discounted price. If this is the case, the price will be clearly marked as a special offer and the conditions specific to that offer (i.e. duration of the special offer price, etc.) will be stated directly next to the description of the products concerned.
4.5 If after you have placed an order with us, we find an error concerning the price of any of the products you have ordered, we will notify you as part of our order confirmation procedure and shall give you the option to either (1) re-confirm your order at the revised price or (2) cancel your order by emailing us a Cancellation Notice. If you fail to inform us of your election by email to firstname.lastname@example.org within 7 working days from the date of our email, your order shall automatically be cancelled. Please see the section on Cancellation below for further details on how you will be reimbursed.
5.1 Payment for the products you have ordered is to be made by proceeding to the Checkout and payment must be made by debit or credit card or via PayPal. Cheques will not be accepted. On clicking Complete Your Order, you will submit your order to us, and payment will be deducted from your debit / credit card or PayPal account.
5.2 No products shall be dispatched for delivery until full payment in cleared funds has been received by us.
6.1 We only deliver to addresses within England, Scotland and Wales.
Schools Web Site Orders
6.2.1 If your order is received by us prior to 8.30am on a Tuesday (UK time), it will usually be dispatched by Thursday that week for delivery on the next working day.
6.2.2 If your order is received after 8.30am on a Tuesday (UK time), it will usually be dispatched on the Thursday of the following week for delivery that Friday.
6.3 Where home delivery is selected, we usually deliver our products by courier but may (at our discretion) use Royal Mail.
6.4 You will legally own the products you have ordered on delivery provided we have received payment.
7.1 You have the right to cancel any order you have made at any time during the period of 7 working days immediately following the date on which you receive delivery of your order (but not including the day of delivery itself) (Cooling Off Period).
7.2 To exercise this right to cancel, you must (1) email us at email@example.com within the Cooling Off Period with your Cancellation Notice and then (2) return the product(s) (if they have already been delivered) unused and at your own cost, and accompanied by identifying paperwork, to: The Stitch Factory, Unit 2E, Nursery Works, 100 Little London Road, Sheffield, S8 0UJ and mark for the attention of Customer Services. Products must be returned to us no later than 14 days after the date of your Cancellation Notice.
7.3 Where an order is cancelled in any of the ways described in these terms and conditions, the price paid by you for the product(s) in your cancelled order shall be refunded to your debit / credit card as follows: (1) where cancellation occurs after delivery of the product(s) ordered, you will be reimbursed within 7 working days of receipt of the returned products; or (2) where cancellation occurs prior to the dispatch of the product(s) ordered, you will be refunded within 7 working days of (a) our receipt of your Cancellation Notice or (b) automatic cancellation, whichever is the earlier.
8.1 We warrant that the products you have ordered shall at the time of delivery comply with their description, be of satisfactory quality and free from defect.
8.2 You must check the products for any defect or damage as soon as reasonably possible following delivery.
8.3 If you receive faulty, damaged or incorrectly described products from us, you must email us at firstname.lastname@example.org within 7 days of discovery of the defect (or within 7 days of when the defect ought to have been discovered) and in any event no later than 3 months following delivery, providing us with the following information: (a) your order reference number; (b) details of the defective product(s) and description of the fault; (c) the delivery date (Returns Notice).
8.4 Following receipt of the Returns Notice, we will arrange for the defective products to either be returned by you or be collected by us or a third party on our behalf (as we shall in our sole discretion decide) at our own cost. Following an evaluation of the issue, we will then either (a) replace the defective products within 28 working days of receipt of them by us; (b) return the products if deemed to be satisfactory or (c) cancel your order and reimburse you for the price paid for the defective products. Please see the section on Cancellation above for further details on how you will be reimbursed.
We do not exclude or limit our liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation or for our breach of a statutory duty.
9.2 All other damage or loss incurred by you as a result of your use of the Website and/or your use and/or purchase of our products shall be limited to the greater of £100 or the price paid for the defective products in question.
9.3 We will not be liable for any damage or loss (including fair wear and tear) caused by you or any third parties.
9.4 We will not be held responsible for events beyond our reasonable control.
9.5 All content, text, photos, images published on the Website are owned by us and cannot be reproduced without our prior written consent.
9.6 These terms and conditions form the entire agreement between us.
9.7 A person who is not a party to these terms and conditions has no right to enforce any term of them under the Contracts (Rights of Third Parties) Act 1999.
9.8 These terms and conditions are governed by English law and, in the event of a dispute arising between us, shall be subject to the exclusive jurisdiction of the English courts.
Terms updated September 2015