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Terms and Conditions
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, waltonshop.co.uk(“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Information About Us
Our Site, spotsandstripes.com, is owned and operated by Spots & Stripes Design Ltd, a limited company registered in England under 07507679, whose registered address is Unit 65 Battersea Business Centre, 99-109 Lavender Hill, Battersea, London. SW11 5QL.
Access to and Use of Our Site
Access to Our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Consumers may only purchase Goods through Our Site if they are at least 18 years of age
These Terms and Conditions do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale.
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
Goods, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
Please note that this does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to section Incorrect Goods if you receive incorrect Goods (i.e. Goods that are not as described).
Where appropriate, you may be required to select the required size, colour and number of the Goods that you are purchasing. We neither represent nor warrant that Goods will be available. Stock indications are not provided on Our Site however We make all reasonable efforts to ensure that Goods offered on Our Site are available for purchase.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed although if the VAT rate changes between your Order being placed and Us taking oayment, the amount of VAT payable will be automatically adjusted when taking payment.
All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.
In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, please refer to Delivery Terms. Delivery options and related charges will be presented to you as part of the order process.
Orders – Contract creation
Our Site will guide you through the ordering process by a series of simple instructions. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or acceptance of your order.
Our acceptance of your order and completion of the contract between you and Us will take place on the despatch from our warehouse to you of the Goods ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions detailed in section Cancelling and Returning Goods if You Change Your Mind.
We will send despatch confirmation email when the Goods leave our warehouse.
Non acceptance of an order may be, but not limited to one of the following:
The contract will be concluded in English
If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
We accept the following methods of payment on Our Site:
Cards accepted via Paypal payment gateway (Visa, Mastercard, Maestro and Bank Debit Cards with either a Visa or Mastercard Logo)
Delivery, Risk and Ownership
The usual time of delivery depends on the address of the delivery and is estimated in the Dispatch & Delivery section. We make every effort to deliver goods within these estimated timescales; however delays are occasionally inevitable due to unforeseen factors, such as weather or failure of the service provided by our selected carrier.
If we do not deliver the goods within the estimated timescales you may call upon us to make the delivery within an additional period of time appropriate to the circumstances. If we fail to deliver the goods within an additional period of time, you shall be entitled to cancel the Contract. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
Delivery shall be deemed complete once We have delivered the Goods to the address provided in your Order
The risk in the Goods shall remain with Us until they come into your physical possession.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Faulty, Damaged or Incorrect Goods
By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement. For clarification incorrect goods relate to Goods that we have sent you in error to those placed on your order. If you have ordered Goods which you do not wish to keep then you should follow the section on Cancelling and Returning Goods if You Change Your Mind.
Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a replacement of the Goods. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the replacement and will resume on the day that you receive the replacement Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
Please note that you will not be eligible to claim under this Clause
To return Goods to Us for which are faulty, damaged or incorrect, please contact Us to arrange a return. We will be fully responsible for the costs of returning Goods that are faulty, damaged or incorrect and will reimburse you where appropriate.
Refunds (whether full or partial, including reductions in price) relating to Goods that are faulty, damaged or incorrect will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
Any and all refunds issued under this Clause will include all delivery costs paid by you when the Goods were originally purchased.
Please also note that you may not return Goods to Us under this Clause merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason. Please refer see Cancelling and Returning Goods if You Change Your Mind for more details.
Cancelling and Returning Goods if You Change Your Mind
If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.
If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
If you wish to exercise your right to cancel because you have changed your mind, you must inform Us of your decision within the cooling off period. You may do so in any way you wish, however you must inform us of decision to cancel your Contract by a clear statement, including your name, address, details of the order and where available your email address and phone number.
You can cancel by email: email@example.com, or by calling 07966 422 283 (Monday to Friday 9am – 5pm) or by post Spots & Stripes Design Ltd, Unit 65 Battersea Business Centre, 99-109 Lavender Hill, Battersea, London. SW11 5QL.
We will issue you with a Returns Authorisation Number (RAN). Please include the RAN with your return as this helps us to identify you and process the return efficiently.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel the Contract.
You may return Goods to by post or another suitable delivery service of your choice to Our returns address at Spots & Stripes Design Ltd, Unit 65 Battersea Business Centre, 99-109 Lavendar Hill, Battersea, London. SW11 5QL.. Please note that you must bear the costs of returning Goods to Us if you are returning Goods where you have changed your mind. For your own piece of mind, We recommend you use a recorded or tracked service to manage your return. We will not accept liability for any Goods that are lost in transit.
Refunds will be issued to you within 14 calendar days of the following:
We request that Goods must be returned in original presentational packaging, including all labels, ties and care instructions attached and returned in the same presentation that they were received. For ease of guidance you must return Goods in a condition that you would find acceptable yourself if you were receiving the Goods for the first time. Goods must be unused. We may subsequently charge you an appropriate sum and therefore may reduce your refund if We find that the Goods have been handled and returned in a way that does not fulfil this criteria.
Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds when you return goods because you have changed your mind.
Standard delivery charges will be reimbursed only if your entire order is returned.
If you are returning part of your order and the value of your order you are keeping is now less than the free delivery offer, the refund due to you will be reduced by the standard delivery cost.
Refunds will be made using the same payment method that you used when ordering the Goods.
Where We are the manufacturer of the Goods, We guarantee that for a period of 6 months from the date of delivery, the Goods will be free from material defects.
Our guarantee does not apply to any defects in the Goods caused by:
Our guarantee exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose).
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial or business use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
Communication and Contact Details
For any queries regarding our service, products, orders, or cancellations, please contact us by email at firstname.lastname@example.org, or by post at Spots & Stripes Design Ltd, Unit 65 Battersea Business Centre, 99-109 Lavender Hill, Battersea, London. SW11 5QL or by telephone 07966 422 283.
Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. Please contact us by email at email@example.com, or by post at Spots & Stripes Design Ltd, Unit 65 Battersea Business Centre, 99-109 Lavender Hill, Battersea, London. SW11 5QL or by telephone 07966 422 283.
How We Use Your Personal Information (Data Protection)
All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
We may use your personal information to:
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
Law and Jurisdiction
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.