WEBSITE TERMS AND CONDITIONS OF USE AND
ONLINE TERMS AND CONDITIONS FOR THE SALE OF GOODS
- In these terms and conditions the following definitions apply:
Online Terms and Conditions for the Supply of Goods
we, us or our
You or your
Part A. USE OF WEBSITE
- These Website Terms explain how you may use this website (the Site) which is provided by us free of charge.
- References in these Website Terms to the Site refers to the website: www.smallstories.co.uk, and all associated web pages.
- You should read these Website Terms carefully before using the Site.
- By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Website Terms and the documents referred to in them.
- If you do not agree with or accept any of these Website Terms, you should stop using the Site immediately.
- If you have any questions about the Site, please contact us by e-mail at: email@example.com
- Your use of the Site means that you must also comply (where applicable) with our:
- Online Terms and Conditions for the Supply of Goods (set out in Part B below).
- The Site is for your personal and non-commercial use only.
- You agree that you are solely responsible for:
- all costs and expenses you may incur in relation to your use of the Site; and
- keeping your password and other account details confidential.
- The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
- We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us by e-mail at: firstname.lastname@example.org
- We may prevent or suspend your access to the Site if you do not comply with any part of these Website Terms, any terms or policies to which they refer or any applicable law.
- This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable) and protected by applicable copyright laws in relevant jurisdictions. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors (as applicable) reserve all of our and their rights in any intellectual property in connection with these Website Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
- The Small Stories trade mark and all other marks, trade names, service marks, brand names, business names, illustrations, logos and prints which appear on the goods on the website or their packaging, whether such trade marks are registered or unregistered, are the property of Small Stories and are protected by applicable trade mark laws in relevant jurisdictions. All such rights re reserved.
- Nothing in these Website Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
- The trade mark: Small Stories is our trademark. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
- While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
- We may suspend or terminate operation of the Site at any time as we see fit.
- You may have certain legal rights when using the Site (such as if the Online Terms and Conditions for the Supply of Goods apply to you). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online Terms and Conditions for the Supply of Goods.
- Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
- We do not make any assurance or guarantee that the functional aspects of the Site will be error free or that the Site, its contents, nor the server that makes it available will be free of viruses or other harmful components.
- While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
- losses that:
- were not foreseeable to you and us when these Website Terms were formed; or
- that were not caused by any breach on our part
- business losses; and
- losses to non-consumers.
We shall have no liability to you for any breach of these Website Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
No one other than a party to these Website Terms has any right to enforce any of these Website Terms.
These Website Terms are dated July 2018. No changes to these Website Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Website Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Website Terms from time to time to verify such variations.
- We will try to resolve any disputes with you quickly and efficiently.
- If you and we cannot resolve a dispute using our complaint handling procedure, we will:
- let you know that we cannot settle the dispute with you; and
- give you certain information required by law about our alternative dispute resolution provider.
- If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Website Terms.
- Relevant United Kingdom law will apply to these Website Terms.
PART B. SALE OF GOODS
Please read the following important terms and conditions before you buy anything on our website and check that they contain nothing that you are not willing to agree to.
Summary of some of your key rights:
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations) say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract.
The Regulations say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
If you don’t understand any of this contract and want to talk to us about it, please contact us by e-mail at: email@example.com. Who are we?
We are registered in England and Wales under company number: 11042461.
Our registered office is at: Ashdown Lodge, Lodge Road, Bromley, Kent, England BR1 3ND;
Our VAT number is: 281418111.
- If you buy goods on our site you agree to be legally bound by this contract.
- You may only buy goods from our site for non-business reasons.
- This contract is only available in English. No other languages will apply to this contract.
- When buying any goods you also agree to be legally bound by:
- our website terms and conditions of use;
- extra terms which may add to, or replace some of, this contract. This may happen for legal reasons. We will contact you to let you know if we intend to do this by giving you one month's notice.
All these documents form part of this contract as though set out in full here.
- Below, we set out how a legally binding contract between you and us is made.
- You place an order on the site by selecting the goods you wish to purchase and then submitting your order by proceeding to the checkout page. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
- When you place your order at the end of the online checkout process (e.g. when you click on the pay now button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
- We may contact you to say that we do not accept your order. This is typically for the following reasons:
- the goods are unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the goods from us;
- we are not allowed to sell the goods to you;
- you have ordered too many goods; or
- there has been a mistake on the pricing or description of the goods.
- We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
- a legally binding contract will be in place between you and us; and
- we will dispatch the goods to you.
- If you are under the age of 18 you may buy any goods from the site.
- You have the right to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the date of the Confirmation Email.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). Please state the following details if you contact us:
- the date of your letter or email
- your name
- your address
- the date the Confirmation Email
- details of the goods ordered and the order number
- 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.
- If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and except for the costs incurred by you in returning the good to us).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we received back from you any goods supplied; or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received goods:
- please send the goods back to Small Stories, Ashdown Lodge, Lodge Road, Bromley, Kent BR1 3ND quoting your order number, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired
- you will bear the direct costs of returning the goods
- you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- We use Royal Mail to deliver our goods. If you want to see your delivery options, visit our webpage Delivery before you place your order.
- The estimated date for delivery of the goods is set out in the Confirmation email (see clause 2.2.3).
- If something happens which:
- is outside of our control; and
- affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
- Delivery of the goods will take place when we deliver them to the address that you gave to us.
- Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
- let you know;
- cancel your order; and
- give you a refund.
- You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
- Ownership of the goods ordered by you from us shall pass to you on the later of:
- the date on which we receive full payment for the goods; and
- the date and time of delivery to your nominated address for delivery.
- We insure the goods purchased during the time they are is in transit until the goods are delivered to your specified delivery address. A signature is required on delivery of the goods, at which point risk in the goods purchased by you passes to you.
- Prices shown on the site are in GBP inclusive of VAT, prices do not include delivery costs.
- All prices remain valid as displayed from time to time on the site. The GBP price of a product displayed on the site at the time the order is accepted will be the price changed for the goods, except in cases of manifest error.
- If the credit /debit card used for purchasing the good on this site is not denominated in GBP, Dollars or Euros, the final price for the goods will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the relevant transaction.
- All orders for goods are placed with Small Stories which is a UK limited liability company. Your card issuer or payment method provider may therefore apply other international bank changes. We have no control over any bank charges. Please contact your issuing bank or payment method provider before placing your order for goods if this applies to you.
- We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
- Your credit card or debit card will only be charged when the goods are dispatched.
- All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps.
- You confirm that the credit/debit card that is being used by you is yours or that you have been specifically authorised by the owner of the credit/debit card to use it.
- If your payment is not received by us and you have already received the goods, you:
- must pay for such goods within 14 days; or
- must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
- If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
- Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 3 and 4.
- The price of the goods:
- is in pounds sterling (£)(GBP);
- includes VAT at the applicable rate (where applicable); and
- does not include the cost of delivering the goods.
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods are of satisfactory quality, are fit for purpose and match the description.
- We must provide you with goods that comply with your legal rights.
- The packaging of the goods may be different from that shown on the site.
- While we try to make sure that the colours of our goods are displayed accurately on the site, however the actual colours that you see on your computer may vary depending on the monitor that you use.
- Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such.
- Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
- If you are not totally satisfied with your purchase, you can return your goods for whatever reason provided we get them back within 14 days of delivery and in perfect original saleable condition with the original tags/packaging.
- If you wish to return the goods and obtain a refund please contact us using the contact details at the top of this page listing your name, order number, the product you wish to return and the reason for that return. You do not need to wait for a reply before returning. Then please post your goods back to us within 14 days of delivery including your name and order number and reason for return inside the package. If approved, your refund (if the goods still have original tags, are unworn and in their original condition) will be processed and a credit will automatically be applied to your credit/debit card or original method of payment. Please allow 14 days from receipt of parcel before the refund is completed.
- There is no need to contact us in advance if you simply require an exchange of the goods purchased. Please return the goods to us with a note detailing which goods you would like to exchange your purchase for. The items must be sent back in their original condition – unworn, in saleable condition with their original tags and packaging. Once your return is received has been inspected, your exchange will be processed. Please allow 14 days from receipt of parcel to dispatch.
- All goods sent to us for return or exchange are at your own risk, so we recommend using a recorded postal service. The returns and exchanges address is: Ashdown Lodge, Lodge Road, Bromley, Kent, England BR1 3ND.
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
- losses that:
- were not foreseeable to you and us when the contract was formed;
- that were not caused by any breach or negligence on our part; or
- indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us;
- business losses; and
- losses to non-consumers.
- If we breach the terms of this contract we shall only be liable for losses which are direct losses and are a reasonably foreseeable consequence of such breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order for goods, and our dispatching your order. We shall only be liable for losses up the total value of goods purchased from us in the relevant order.
No one other than a party to this contract has any right to enforce any term of this contract.
- We will try to resolve any disputes with you quickly and efficiently.
- If you are unhappy with the goods, our service to you; or any other matter, please contact us as soon as possible.
- If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
- let you know that we cannot settle the dispute with you; and
- give you certain information required by law about our alternative dispute resolution (ADR) provider.
- If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
- The laws of England and Wales will apply to this contract.
- We reserve the right to transfer, assign, novate, or sub-contract all or any of our rights and obligations under this contract provided that your rights under the contract are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under this contract without our prior written consent.
- In this section Controller, Data Controller, Processor, Data Processor, Data Subject, Personal Data, Special Categories Of Personal Data, Processing and Appropriate Technical And Organisational Measures as set out in the Data Protection Legislation in force at the time, process and processing shall be construed accordingly.
- Data Protection Legislation means (i) the Data Protection Act 2018 (ii) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK, and (iii) the Privacy and Electronic Communications Regulations 2003 (PECR) any successor legislation to PECR, in particular the e-Privacy Regulation, once it becomes law.
- Permitted Recipients means the parties to this agreement, the employees of each party, subcontracts and any third parties engaged to perform obligations in connection with the terms of this contract.
- Shared Personal Data means the Personal Data to be shared between the parties pursuant to the terms of this contract.
- This clause sets out the framework for the sharing of Personal Data and Special Categories of Personal Data between the parties.
- Each party shall comply with all the obligations imposed on a Controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this contract with immediate effect.
- Each party shall:
- not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
- ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by the terms of this contract;
- ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data;
- not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
- ensure that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
- Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
- consult with the other party about any notices given to Data Subjects in relation to the Shared Personal Data;
- promptly inform the other party about the receipt of any Data Subject access request;
- provide the other party with reasonable assistance in complying with any Data Subject access request;
- not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
- assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, access to Personal Data and/or Shared Personal Data, data privacy impact assessments and consultations with supervisory authorities or regulators;
- notify the other party immediately on becoming aware of any breach of the Data Protection Legislation;
- at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of the terms of this contract unless required by applicable law to store the Personal Data;
- maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits by the other party or the other party's designated auditor; and
- not process Shared Personal Data for any purpose other than the Agreed Purpose.