1. Application
1.1 These Terms and Conditions of Sale will apply to the purchase of goods by you (the Customer or you) from Collecting Seashells Limited (We or us) from our Online Shop using our Website. We are a company registered in England and Wales under number 12973082 registered office is at 89 Leigh Road, Eastleigh, Hampshire, SO50 9DQ; our trading address is Carnac Lodge, Cams Hall Estate, Fareham, PO16 8UJ; our email address is info@collectingseashells.com; and our telephone number is 07745527960.
1.2 By purchasing any of the Goods from our Online Shop, you agree to be bound by these Terms and Conditions. Before paying for the contents of your shopping basket at the online Checkout, you will be asked to confirm you have read and accept these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order.
1.3 You can only lawfully purchase the Goods from our Online Shop if you are a consumer and you eligible under English law being at least 18 years old to enter into a contract.
2. Interpretation
3. Goods
3.1 The description of the Goods is as set out on our Website, catalogues, brochures or other form of advertisement.
3.2 In the case of any Goods made including those which may be conformed
to your special requirements (“bespoke Goods”), it is your sole responsibility to ensure the accuracy and completeness of the necessary information or specification you provide to us.
3.3 All Goods which appear on our Website are subject to availability. Please note: We can accept payments of the Price for pre-orders of Goods pending delivery of Goods which you are advised are out of stock at the time you pay for those Goods
3.4 All Goods for sale through our Online Shop will comply fully with all applicable safety requirements from time to time in force in the United Kingdom for such Goods
3.5 We reserve the right at any time and where appropriate without due notice
4. Basis of Sale
4.1 The display and or description of the Goods available for purchase from our Online Shop does not constitute a contractual offer to sell the Goods. We may decline to process your Order at any time up to the payment by you at the Online Checkout of the Price for your Goods. In the event of any unanticipated withdrawal of Goods from sale, we shall when and where appropriate try to let you know by notice on our Website.
4.2 As stated above you contract with us when you pay the Price current from time to time as published on our Website for the Goods which you have chosen to buy from our Online Shop.
4.3 If a bespoke product is required a quotation for that bespoke product will ordinarily remain unchanged for at least a period of 7 days and is valid for a maximum period of fourteen days from its date, unless we expressly withdraw it at an earlier time.
4.4 Our contract with you is concluded when you pay for Goods at our Online Checkout unless other arrangements are agreed in writing between us in respect of bespoke Goods.
4.5 When you purchase bespoke Goods no variation of the Contract, whether about description of the Goods, the Price or otherwise, can be made after it has been entered into unless the variation is expressly agreed by both you and us in writing.
5. Price and Payment
5.1 The Price of the Goods and any additional delivery or other charges are those set out on our Website on the day you purchase those Goods from our Online Shop unless.
5.1.1 such Goods are bespoke and for which a price has otherwise been agreed in writing between us and you; and/or
5.1.2 such Price has been previously agreed between us on a pre-order and advance payment in advance of availability of any Goods so pre-ordered.
5.2 Subject only to a Price agreed and paid on a pre-order or for bespoke Goods, any Price published on our Website will remain unchanged during the processing of an Order for the Goods for which that price is published.
5.3 Prices and charges are stated and payable in Pounds Sterling and include United Kingdom VAT at the rate applicable at the time of purchase.
5.4 All payments in our Online Shop unless otherwise agreed in writing between us for bespoke Goods are effected by you successfully entering your own current valid credit or debit card details at the Online Checkout when you check out your shopping basket.
6. Delivery
6.1 Provided always due payment has been made for the Goods and full payment of the applicable delivery and handling charges for their delivery we will deliver the Goods to the agreed Delivery Location without undue delay and unless the Goods are pre-ordered or bespoke in any event not more than 30 days after the day on which the Contract is entered into.
6.1.1 Pre-Ordered and pre-paid Goods will be delivered routinely within 14 days from their being received into stock by us.
6.1.2 Bespoke Goods will be delivered as specifically provided for in writing between us
6.2 Unless due to events beyond our control, you can (in addition to any other remedies) notify us that you wish to end the Contract if
6.3 If you treat the Contract at an end because we have failed to deliver, we will (in addition to other remedies if any) promptly return all payments made by you under the Contract.
6.4 You must check the rates for delivery of Goods within the United Kingdom as delivery charges may vary according to the size or weight of the Goods and or where the Delivery Location is. We are not currently delivering to addresses outside the United Kingdom (including the Isle of Man and Channels Islands). If, however, in the future we accept an Order for delivery outside that area, you may need to pay import duties or other taxes on importation of the Goods, as we will not pay them and it is for you to check in advance of your payment for those Goods what additional dues may be payable (if any) upon delivery of those Goods outside the United Kingdom.
6.5 You agree we may deliver the Goods (where a set is ordered) in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
6.6 If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge you the reasonable costs of covering their return, and thereafter storing and redelivering them.
7. Risk and Title
7.1 Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to the Delivery Location in accordance with your instructions to us when you check out those goods at the Online Checkout unless otherwise agreed expressly in writing by you and us.
7.2 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, unless it is impossible to do so, examine the Goods before accepting them.
7.3 You (or the person to whom you have instructed us to deliver the Goods) are required to inspect the Goods immediately following delivery and to notify us in any event by email with photographic evidence within 24 hours of their delivery at the Delivery Location of any defect affecting or damage to or within the Goods which you intend to return to us the damaged or defective Goods together with all the packaging in which the Goods were delivered to you for our inspection Please see our Returns Policy.
7.4 If after you have purchased the Goods you exercise any of your entitlements to cancel your purchase of the Goods or reject with good cause and return those Goods to us you hold those Goods in trust for us until they are safely returned to us at our warehouse at which time title in those Goods reverts to us.
7.5 Please note that if any Goods returned by you in accordance with your cancellation rights is found to have been damaged and you have not notified us of any damage or defect as required by clause 7.3 you risk having the cost of any damage or defect deducted from any refund to which you are entitled upon exercising an entitlement to cancel the contract and to return the Goods accordingly.
7.6 If full payment for the Goods is cancelled or invalidated before delivery to the Delivery Location is completed or where Delivery has been completed we can choose, by notice to you in writing to cancel any delivery or require the return of the Goods to us and end any right to use the Goods in which case you must return them or if we so notify you allow us to collect them.
8. Withdrawal, returns and cancellation
8.1 You can withdraw Goods from your shopping basket at any time before you check them out at the Online Checkout.
8.2 This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
8.2.1 Bespoke Goods that are made to your specifications or are clearly personalised;
8.2.2 Goods which are hermetically sealed prior to use which automatically causes those goods to alter their character once the seals are broken;
8.2.3 Goods operated by shrinkwrap software the integrity of which is compromised once the wrapping has been removed;
8.2.4 Goods which are light sensitive, adversely affected by humidity, or otherwise liable to deteriorate or expire rapidly.
8.3 Right to cancel
8.3.1 Subject as stated in these Terms and Conditions, you can cancel this Contract within the cancellation period without giving any reason.
8.3.2 The cancellation period will expire after 14 days from the day on which you acquire, or the recipient identified by you when you check out those Goods at our Online Checkout acquires physical possession of the Goods.
8.3.3 Your cancellation rights for any contract with us cease to be available if our Goods are materially altered and or damaged by you following delivery before the end of the cancellation period.
8.3.4 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg. a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. If you use the model cancellation form it will help us to process the cancellation more efficiently. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
8.3.5 You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract to us at returns@collectingseashells.com . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg. by email) without delay.
8.3.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.4 Effects of cancellation in the cancellation period and deduction for damage to Goods under a cancelled contract
8.4.1 Except as set out below, if you cancel this Contract, we will reimburse the Price.
8.4.2 We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of your making use of the Goods and/or you have handled them unnecessarily beyond inspecting the same on receipt. This is because you are liable for that loss and, if that deduction is not made, you will remain liable to us the amount of that loss. As stated above the Cancellation Rights for a Contract cease to be available if our Goods are materially altered and or damaged by you following delivery and during the cancellation period.
8.4.3 We will make the reimbursement without undue delay, and not later than:
i. 14 days after the day we receive back from you any Goods supplied, or
ii. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
8.4.4 If we have offered to collect the Goods or if no Goods were yet delivered , we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
8.4.5 We will make the reimbursement using the same means of payment as you used for the initial transaction and recredit the payments to the accountholder whose card was used to effect payment when the Goods were checked out unless we have expressly agreed with you otherwise; in writing.
9. Returns, Refunds and Exchanges
9.1 On Cancellation: if the Goods in connection with the Contract which you have cancelled have been delivered, you must send back the Goods or hand them over to us at: Carnac Lodge, Cams Hall Estate, Fareham, PO16 8UJ; without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods. If following our inspection of the returned Goods you were entitled to reject the Goods for defects or damage occasioned prior to their Delivery we shall refund you the cost of their return - see below.
9.2 Returns for defective or damaged items
9.2.1 We want you to be happy with your purchases from Collecting Seashells Limited. We check the condition of all of our items before sending them out. However, in the exceptional circumstances that any item doesn't meet our high standards, please let us know as soon as possible. Do make sure that when you get your order, you inspect it carefully. If you find any defects, damage or the product is not what you ordered, please contact us immediately at returns@collectingseashells.com (make sure you include a copy of your receipt or delivery note reference in the email so we can rectify the issue. Goods that are received damaged will routinely be refunded or replaced. We ask is that you keep the original packaging for return to us and email photographs of the damage within 24 hours of receiving the goods in order for us to raise the matter with our couriers. Please email the photographs to returns@collectingseashells.com and we will be happy to discuss your returns prior to you sending item(s) back. We can either offer you a replacement for the same item or a refund. Upon receipt of your email we will send you an email with details on how to return the item, with its tags and wrapping, shipping labels and advice on how to make the return.
9.2.2 After inspection establishing a defect or damage for which you are not responsible, we offer you an exchange or a full refund (excluding return postage costs, which are your responsibility unless the product is found on inspection to be defective or you have already provided us with proof of damage on delivery) within 14 days of receiving your item. Your item should be replaced in or accompanied by its original packaging, be unused and still have all tags attached.
9.2.3 Please make sure that you package up your goods properly to protect from any damage in transit back to us. Otherwise we may not be able to exchange or refund you. We recommend that you use an insured, registered delivery service and keep the receipt as we cannot accept liability for goods lost or damaged in transit. You remain responsible for your product until it reaches us.
9.2.4 Please bear in mind that our hours of operation are Monday - Friday 10:00 to 15:00 (excluding bank holidays). any emails or requests out of these hours will be processed on the next working day.
9.3 Discretionary Refunds and Exchanges
9.3.1 If you have requested a refund for your product, we will aim to process this as soon as we can once we have received the item for inspection. Refunds for undamaged items returned outside the cancellation period are made at our discretion.
9.3.2 To be eligible for a return, your item must be in the same condition that you received it in, unused, with all original tags in place, and in its original packaging. You’ll also need your delivery receipt or proof of purchase and your unique Online checkout reference
9.3.3 To start a return, please get in touch with us at returns@collectingseashells.com, stating your Online checkout reference. We'll then send you further details on how to obtain a refund. Please note that items sent back to us outside the cancellation period without requesting a return will not be processed. Please ensure your original Online Checkout reference is clearly printed on your return request
9.3.4 We aim to issue refunds within 72 hours of receiving the returned goods depending on having all the information for the claim from you in the timescales required. You will be refunded through the payment method by which you paid us for the Goods including the item for which a refund is being sought.
9.3.5 If you are unhappy with any item bought from us having presented a Collecting Seashells Gift Voucher, a refund (either total – or if the gift voucher comprised only part of the purchase price, an equivalent part of the Price) will comprise a new voucher, the validity of which runs from the date of the returned goods.
9.3.6 Please note that Collecting Seashells Gift Vouchers cannot be exchanged, returned or replaced if lost or damaged.
9.3.7 The quickest way to get us to consider an exchange to help you get an item you actually want is to return immediately the item delivered to you, and once the return is accepted, make a separate purchase for the new item. However, if you wish us to exchange an item for another, please email sales@collectingseashells.com with your order number and whilst it is subject to our discretion, we will help where we can.
9.3.8 Regrettably we cannot accept returns on sale items or for items purchased wholly or in part with Collecting Seashells gift cards.
9.3.9 We will notify you once we’ve received and inspected your returned item, and let you know whether we can accept your request for a refund or an exchange. If a requested refund is approved, you’ll be automatically refunded through your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
10. Successors and our sub-contractors
We can transfer the benefit of our Contract with you to someone else, but will remain liable to you for our obligations under the Contract. We will be responsible for the acts of our sub-contractors chosen by us to operate our Online Shop and to carry out our obligations to you. We are not required to treat with any person other than yourself or your legal heirs.
11. Circumstances beyond the control of either party
In the event of any failure in our performance due to events beyond our reasonable control we shall let you know as soon as reasonably practicable by email; and our obligations to you will be suspended so far as is reasonable for up to a maximum period of 90 days provided we act reasonably, and we shall not be liable for any failure which we could not reasonably avoid, but this will not affect your statutory rights of cancellation.
12. Privacy
12.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
12.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy .
12.3 For the purposes of these Terms and Conditions:
12.3.1 Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
12.3.2 'GDPR' means the UK General Data Protection Regulation.
12.3.3 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.We are a Data Controller of the Personal Data we Process in providing Goods to you.
12.4 Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
12.4.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected
12.4.2 we will only Process Personal Data for the purposes so identified;
12.4.3 we will respect your rights in relation to your Personal Data; and
12.4.4 we will ensure the implementation of technical and organisational measures to ensure your Personal Data is secure.
12.5 For any enquiries or complaints regarding data privacy, you can e-mail: DPO@collectingseashells.com
13. Excluding liability
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligent act or omission or breach of our legal obligations and for which we and or our servants or agents are responsible. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg. loss of profit or other economic loss) to your business, trade, craft or profession which would not be suffered by a Consumer as by acknowledging these terms and conditions you are representing to us that you are contracting throughout this transaction with us as a Consumer and we are expressly relying on that representation. believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
14. Governing law, jurisdiction, complaints and general
14.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
14.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales. But we try to avoid any dispute, so without in any manner limiting your statutory rights we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 14 days.
14.3 Should you have a question/problem or wish to make a complaint please email: tilly@collectingseashells.com or click on the email icon at the bottom of any of the pages.
14.4 We reserve the right to change these conditions at any time. Please note your statutory rights are not affected.
Attribution:- These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en) and adapted for Collecting Seashells Limited by Inforight®
Model Cancellation Form
To: Collecting Seashells, Carnac Lodge, Cams Hall Estate, Fareham, PO16 8UJ Email address: info@collectingseashells.com
Telephone number: 07745527960
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [*], costing £ and bought from your Online Shop on [*] and received by me/us on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date:
[*] Delete as appropriate.