Terms and Conditions of Sale
These are the terms and conditions of sale and purchase of products through the website at byMazy.co.uk (our “Website”). Please read them carefully because they form a legal agreement between you and us (as defined below) in relation to your purchase of any products via our Website.
- INTRODUCTION
1.1
These terms and conditions shall govern the sale and purchase of products through our Website.
1.2
You will be asked to give your express agreement to these terms and conditions before you place an order on our Website.
1.3
This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015). - INTERPRETATION
2.1
In these terms and conditions:
(a) “we” means Maria Merz trading as byMazy®; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly. - ORDER PROCESS
3.1
The advertising of products on our Website constitutes an “invitation to treat” rather than a contractual offer.
This means that we reserve the right to correct any errors in that information without any liability to you. You understand that sometimes errors can occur and so we will not be contractually bound to supply you with products on the basis of incorrect information, even if that information is repeated in your Order. Please see Section 5 and 6 for more information about prices and payments.
3.2
No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3
To place an order, add the products you wish to purchase to your shopping cart and proceed through our checkout. You will have an opportunity to review your order, provide the required delivery and contact information, select from the available delivery and payment options, and correct any errors before submitting the order.
After you place your order, you will receive an automatic order confirmation acknowledging that we have received it. This acknowledgement does not constitute our acceptance of your order. A binding contract will be formed when we dispatch your order and send you confirmation of dispatch. If we are unable to fulfil your order, we will cancel it, notify you and issue a full refund.
3.4
You will have the opportunity to identify and correct input errors prior to making your order via the usual keyboard and/or mouse function prior to submitting your binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window. You must check your order carefully to identify any errors and correct them prior to placing your order. - PRODUCTS
4.1
The description of the products is as set out in this Website. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the products supplied. Images may not be displayed as actual size. Whilst we endeavour to show an accurate colour image, you are advised that there may be variations in colour between the actual products you receive and the image that you see on your monitor or TV screen. All sizes, weights and measurements are approximate and are taken at their widest points and included for guidance only.
4.2
In the case of any products made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
4.3
Most products are held in stock and are usually dispatched within 24 hours, often on the same day. If an item needs to be produced before dispatch, please allow an additional 1–2 working days, as our aquarium pieces are individually crafted.
4.4
We may periodically change the products available on our Website, and we do not undertake to continue to supply any particular product or type of product. - PRICES
5.1
Our prices are quoted on our Website.
5.2
We will from time to time change the prices quoted on our Website, but this will not affect contracts that have previously come into force.
5.3
All prices are stated in pounds sterling. We are not registered for VAT and do not charge VAT on our prices.
5.4
It is possible that prices on the Website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5
Where applicable, delivery charges will be displayed during checkout before you place your order.
- PAYMENTS
6.1
You must, during the checkout process, pay the prices of the products you order.
6.2
Payment may be made using any of the payment methods displayed at checkout. Payments are processed securely by our third-party payment providers and may be subject to their applicable terms and privacy policies.
6.3
If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4
If you initiate a chargeback without a valid basis, we reserve the right to dispute it and provide relevant information about the order and transaction to the payment provider. We may also seek to recover any amounts lawfully due to us, together with any reasonable costs directly incurred as a result of an unjustified chargeback. Nothing in this section affects your right to dispute an unauthorised or incorrect payment or to exercise your statutory rights.
- SHIPPING AND DELIVERY OF PRODUCTS
7.1
Our shipping and delivery arrangements are set out in our Delivery Policy. The Delivery Policy forms part of these terms and conditions. - DISTANCE CONTRACTS: CANCELLATION RIGHT
8.1
This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2
You may withdraw an offer to enter into a contract with us through our Website or cancel a contract entered into with us through our Website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
8.3
In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4
If you cancel a contract under this Section 8, you must return the products to our business and returns address: byMazy®, 30 Church Hill, Camberley, Surrey, GU15 2HA, United Kingdom. We recommend contacting us before returning a product so that we can provide the appropriate return instructions. You must return the products without undue delay and no later than 14 days after the day on which you inform us of your decision to cancel. You must pay the direct cost of returning the products unless they are faulty, damaged or incorrect due to an error on our part.
8.5
If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
8.6
If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
8.7
We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.8
Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
8.9
You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:
(a) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised; or
(b) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you. - WARRANTIES AND REPRESENTATIONS
9.1
You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our Delivery Policy.
9.2
We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our Website; and
(e) the products you buy will be of satisfactory quality.
9.3
All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded. - LIMITATIONS AND EXCLUSIONS OF LIABILITY
10.1
Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.2
The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. - ORDER CANCELLATION
11.1
We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
11.2
You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
11.3
We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war. - CONSEQUENCES OF ORDER CANCELLATION
12.1
If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely. - SCOPE
13.1
These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2
These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
13.3
These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services). - VARIATION
14.1
We may revise these terms and conditions from time to time by publishing a new version on our Website.
14.2
A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision. - ASSIGNMENT
15.1
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
15.2
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. - NO WAIVERS
16.1
No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2
No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract. - SEVERABILITY
17.1
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. - THIRD PARTY RIGHTS
18.1
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2
The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party. - ENTIRE AGREEMENT
19.1
Subject to Section 10.1, these terms and conditions, together with our Delivery Policy and our Returns and Refunds Policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products. - LAW AND JURISDICTION
20.1
These terms and conditions shall be governed by and construed in accordance with English law.
20.2
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. - STATUTORY AND REGULATORY DISCLOSURES
21.1
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our Website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2
These terms and conditions are available in the English language only. - OUR DETAILS
22.1
This Website is owned and operated by Maria Merz trading as byMazy® at https://bymazy.co.uk
22.2
Contact us: using our Website contact form; or by email at maria@byMazy.co.uk.