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Terms and Conditions
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. These terms and conditions apply to anyone placing an order on our website, www. addanoffensivetouch.co.uk. 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.
2. – INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 – Who we are. We are Lloyd Simpson Incentives Limited (trading as Merch Made Easy Ltd or Merch Made Easy), a company registered in England and Wales. Our company registration number is 02991695 and our registered office is at Braemar House, Snelsins Road, Cleckheaton, West Yorkshire, BD19 3UE. Our registered VAT number is 640587334. addanoffensivetouch .co.uk is a website wholly owned and managed by Merch Made Easy Ltd.
2.2 – How to contact us. You can contact us by telephoning our customer service team at 01274 854998 or by writing to us at info@addanoffensivetouch.co.uk or at the postal address above.
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.
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 any intended 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.
3.4 – We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4. – OUR PRODUCTS
4.1 – Products may vary slightly from their pictures. Our products are personalised to your specifications using either your design ideas or ours. 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. Our range of design ideas may vary from time to time and we accept no liability should at any time one of these images be no longer available for your use.
4.2 – Making sure any material you supply to us for the purposes of the personalisation of the product is accurate and correct. You are responsible for ensuring that any material, be it images or text, supplied to us is accurate and correct. You should closely follow the guide provided to you on the website before submitting anything to us.
4.3- When we will provide the products. We make every effort to deliver your products to you within 5 working days (from the date the order was placed – our normal working day is 9 -5:30, so an order placed at 8 pm will be classed as having been placed on the next working day following receipt of the order) but in the event that we are unable to meet this date, the products will be delivered to you by no later then 30 days after the day on which we accept your order.
5. – YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered and which shall include a change to your personalised design please contact us within 8 hours of placing your order. 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 requested you will not have the right to cancel the order because the product will be deemed bespoke as it will have been designed to your specifications (see clause 8.3).
6. – OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product:
6.1 – to reflect changes in relevant laws and regulatory requirements; and
6.2 – to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7. – PROVIDING THE PRODUCTS
7.1 – Delivery costs. The costs of delivery will be included within the purchase price paid for the product.
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.
We will deliver the products to you as soon as reasonably possible and we will contact you with an estimated delivery date when the product is ready for dispatch.
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 you will receive a note from the delivery company informing you of alternative delivery arrangements.
7.5 – If you do not make alternative delivery arrangements. If you do not make alternative delivery arrangements following the instructions set out by the delivery company we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 10.2 will apply.
7.6 – When you become responsible for the goods. A product will be your responsibility from the time it is delivered to the address you gave us.
7.7 – When you own goods. You own a product once we have received payment in full.
7.8 – What will happen if you do not give required information to us. If you have not provided us with all the information required to personalise the product as detailed on the website we may contact you to ask for this information. 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.
7.9 – 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; or
(b) – update the product to reflect changes in relevant laws and regulatory requirements.
7.10 – Your rights if we suspend the supply of products. We will contact you in advance to tell you if we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product you may contact us to end the contract and we will refund any sums you have paid in advance for the product.
8. – YOUR RIGHTS TO END THE CONTRACT; YOUR RIGHTS TO A REFUND OR REPLACEMENT
8.1 – You can end your contract with us. If the product you have received 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);
However, if you have just changed your mind about the product you will not have the right to end the contract if the product is personalised because the consumer cancellation rights will not apply to such products purchased from our website (see clause 8.3 for further details).
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 error in the price or description of the product you have ordered and you do not wish to proceed;
(b) – there is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 7.3);
(c) – we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons (see clause 7.10)
(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. However, these rights, under the Consumer Contracts Regulations 2013, exclude all products that are made to the consumer’s specifications or are personalised and the right to cancel shall therefore not apply to any personalised products purchased from our website.
8.4 – How long do I have to change my mind?
For standard, non-personalised products you have 14 days after the day you (or someone you nominate) receives the goods.
8.5 – 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. 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 reasonable compensation for the net costs we will incur as a result of your ending the contract including costs connected with the cost of the product and its personalisation if personalisation has taken place.
9. – HOW TO END THE CONTRACT WITH US
9.1 – Tell us you want to end the contract. To end the contract with us for any of the reasons listed at clause 8, please let us know by doing one of the following:
(a) – Phone or email. Call customer services on 01274 854998 or email us at info@ addanoffensivetouch.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) – Online. Complete the form at www. addanoffensivetouch.co.uk/#contact-slide on our website.
9.2 – Returning products that are faulty. If you receive a faulty product you should inform customer services on 01274 854998 or email us at info@ addanoffensivetouch.co.uk as soon as possible so that we can discuss the fault and explore what can be done. For visual faults, we will require photographic evidence of the faulty product. If appropriate, you will be given full instructions on how to return a faulty product.
9.3 – 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 at clause 8.5.
9.4 – When your refund will be made. We will make any refunds due to you as soon as possible.
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 in full; or
(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; or
(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 the products provided they have not already been produced. If we have already produced the product we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 – We may withdraw the product. We may write to you to let you know that we have withdrawn a product. We will let you know as soon as reasonably possible in this situation and will refund any sums you have paid in advance for products which will not be provided.
11. – IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01274 854998 or email us at info@ addanoffensivetouch.co.uk. Please see clause 9.2 above for further information and guidance.
11.1 – 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.
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.
12. – PRICE AND PAYMENT
12.1 – Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website 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.
12.2 – We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
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 with Visa, Visa Debit or Mastercard.
You must pay for the products before we dispatch them. We will charge your credit or debit card at the time we accept your order.
12.5 – What to do if you think your payment receipt is wrong. If you think your payment receipt is wrong please contact us promptly to let us know at 01274 854998 or email us at info@addanoffensivetouch.co.uk.
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; 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.
13.4 – We are not liable for any costs or loss relating to the material you supply in the personalisation of the product. We exclude liability for any material, be it images or text, that you upload to our website that is deemed to be illegal and shall include without limitation anything that is: defamatory, obscene, discriminatory, offensive, hateful, threatening or inflammatory; infringes any copyright, or trade mark or similar right of any other person; likely to harass, upset, embarrass, alarm or annoy any other person; or used to impersonate any person, or to misrepresent your identity or affiliation with any person. Any material you upload to the website will be considered non-confidential and non-proprietary, and you confirm that we have the right to use, copy, distribute and disclose to third parties any such material for fulfilling your order. We also reserve the right to disclose your identity to any third party who is claiming that any material you have uploaded is a violation of their rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials you provide. You also agree to be responsible for any costs of losses we incur as a result of acting in accordance with your order.
13.5 – We reserve the right to cancel any order that we believe is defamatory, obscene, discriminatory, offensive, hateful, threatening or inflammatory; infringes any copyright, or trade mark or similar right of any other person; likely to harass, upset, embarrass, alarm or annoy any other person; or used to impersonate any person, or to misrepresent your identity or affiliation with any person. Upon cancellation by us we will reimburse your order in full less any costs incurred by us as a result of this cancellation.
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; and
(c) – 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 third parties where the law either requires or allows us to do so or in accordance with clause 13.4.
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. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.2 – 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.
15.3 – 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. 15.4 – 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.