1. Who does this contract apply to?
- This contract applies to users making a purchase through our site. In this contract, “you” or “your” means the person using our site to buy products from us.
- In this contract, “we”, “us” or “our” refers to Kathryn Tilly Limited. Kathryn Tilly Limited is a company registered in England & Wales under company number 11112135 with registered office at 11 Wheatsheaf Close, Ripon, North Yorkshire, HG4 2SH United Kingdom. Our main trading address is Calle Juan Bethencourt Alfonso 4, San Miguel 38620, Tenerife, Canary Islands, Spain. Our VAT number is 347 4661 78.
2. What is this contract about? This contract sets out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. Please read it carefully before you buy any products from our site. If you buy products on our site you agree to be legally bound by this contract. We draw your attention in particular to the limitation of liability section.
4. Purchase restrictions
- Please note that if you are under the age of 18 you may not buy any products from the site.
- You may only buy products from our site for non-business reasons. If you wish to purchase products for business purposes, please contact us.
5. Ordering products from us. This section sets out how a legally binding contract between you and us is made.
- You can place an order on the site by placing items in your cart and following the checkout prompts from your cart page.
- Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order (and any specification submitted by you) is complete and accurate.
- When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
- We may not accept your order in certain circumstances. For example, we may not accept your order if the products are unavailable, if we can’t authorise your payment or if there has been a mistake on the pricing or description of the products.
- Your order is accepted when we email you to confirm acceptance (a “Confirmation Email”). At this point, a legally binding contract will be in place between you and us and we will dispatch the products to you.
6. Pricing and payment
- Our product pricing is listed in pounds sterling (£)(GBP) and includes VAT. Our pricing may not include the cost of delivery.
- Our pricing may change from time to time, but changes will not affect any order you have already placed.
- We accept Visa, Mastercard, Discover and American Express.
- Your credit card or debit card will only be charged when the products are sent.
- 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 to ensure payment is authorised.
- The details of our delivery options will be available to you at checkout.
- The estimated date of delivery will be set out in your Confirmation Email. If something out of our control happens which affects the estimated delivery date, we will let you know and send you a revised estimated delivery date.
- Delivery of the goods will take place when we deliver them to the address that you gave to us. 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.
- If we can’t deliver your products within 30 days, we will cancel your order and give you a refund. We’ll let you know if this happens.
- If we fail to deliver your products, our liability is limited to the cost of obtaining replacement products of a similar description and quality in the cheapest market available, less the price of the products. However, we will not be liable to the extent that any failure to deliver was caused by something outside of our control or because you failed to provide adequate delivery instructions (or any other instructions that are relevant to the supply of products).
You have the right to cancel this contract for any reason within 14 days of receiving your products (the “Cooling Off Period”), and our general policy is to honour returns up to 30 days from your receipt of the products (the “Return Period”). The Cooling Off Period and the Return Period will expire 14 days and 30 days (respectively) from the day you acquire (or, if you’re sending products to someone else, the day the indicated recipient acquires) physical possession of the products.
- To exercise your right to cancel or receive a refund, you must send us a clear cancellation or refund request (respectively) in writing (eg via a letter sent by post or email) using the contact details at the top of this contract. You must send your cancellation or request to us before the Cooling Off Period or Refund Period (respectively) has expired. We reserve the right to decline to honour any refund request outside the Cooling Off Period, even if the request is sent prior to the expiry of the Refund Period.
9. Returns and refunds
- If you cancel this contract during the Cooling Off Period, we will refund you in full, including the costs of the least expensive delivery option we offer. (If you chose a more expensive delivery option, we’re not obligated to reimburse the extra costs.) If you request a refund after expiry of the Cooling Off Period but before the expiry of the Refund Period, we will refund you in full but excluding any delivery costs.
- If the products are not returned to us in their original condition, we may deduct any loss in value caused by you from the amount of the refund.
- We will refund you using the same payment method you used to purchase the products (unless you expressly agree otherwise). You will not incur any fees as a result of the refund.
- If products have already been delivered to you before you decide to cancel the contract, you must return them to us without undue delay and we will refund you as soon as possible, and no later than 14 days after we receive your returned products (or, if earlier, 14 days after the day you provide evidence that you have returned the products).
- If no products were delivered prior to cancellation, we will refund you no later than 14 days after we receive your cancellation request.
10. Product images. The images of our products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. The colour or packaging of your products may vary from what’s shown on images on our site.
11. End of the contract. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12. Limitation of liability
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that were not foreseeable to you and us when the contract was formed, that were not caused by any breach on our part, business losses or losses to non-consumers.
- Subject to the above, our total liability to you for all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the price of the products you purchased from us.
- We do not give any representations, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
13. Your rights. Nothing in this contract affects your statutory rights or other legal rights that may be available to you. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
14. Disputes. We will try to resolve any disputes with you quickly and efficiently. If you’re unhappy with the products, our service to you or any other matter, please contact us as soon as possible.
15. Language. This contract is only available in English. No other languages will apply to this contract.
16. Third party rights. No one other than a party to this contract has any right to enforce any term of this contract.
17. Waiver. If we do not insist that you perform any of your obligations under the contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
18. Severance. If any court or relevant authority decides that any of these terms are unlawful or unenforceable, the remaining terms will remain in full force and effect.
19. Governing law and jurisdiction. The laws of England and Wales will apply to this contract. 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.
20. Changes to these terms. We may change these terms from time to time, so please check this page frequently.
21. Questions? If you don’t understand any of this contract and want to talk to us about it, please contact us by email at email@example.com.