Terms & Conditions
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
These terms cover the website and related services worldwide. Delivery services are provided by MADE YOUR DAY and shipped by Royal Mail.
Definitions
· Conditions – means these terms and conditions and the Special Conditions
· Product – means a product displayed for sale on the Website
· Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided
· Special Conditions – means the terms and conditions in the Product Description
· Users – means the users of the Website collectively
· Personal Information – means the details provided by you on registration/order placement
· We/us – means MADE YOUR DAY LIMITED, registered address 6 Oak Mead, Godalming, Surrey, GU7 3RL. Registered in England. Company registration number: 11839264. VAT number: 316679868.
· Website – means the website located at www.madeyourday.co.uk or any subsequent URL which may replace it
· Cookies – means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer
· United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
· You – means a user of this Website
Use of the website
Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Registration
You warrant that:
· The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
· You will notify us immediately of any changes to the Personal Data by updating these details on your online account.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Our rights
We reserve the right to:
· modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
· change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Sharing Material
Any material that you upload to the Website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy.
Description of Product
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
Orders
When purchasing products from our Website, you are making a contract with MADE YOUR DAY.
By placing an order you agree and understand that we may store and process your personal data in accordance with our Privacy Policy. For details on how we use cookies, the type of information we collect, how we use your information and under what circumstances we disclose information, please see our Privacy Policy.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
The technical steps required to create the contract between you and us are as follows:
· You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. Products in your shopping basket are not reserved and may be purchased by other customers up until this point. You will be guided through the process of placing an order by a series of simple instructions on the Website
We will send you an order acknowledgement email as soon as you place your order, detailing the Products you have ordered. These emails do not constitute acceptance of your order.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered. We will send you an email confirming this.
Your credit/debit card will be charged when your order is placed.
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error
You not meeting the eligibility to order criteria set out in the main Terms & Conditions
Should we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 5 days for the bank to transfer the funds to you
The contract will be concluded in English.
The details of your specific contract will be stored with us for a minimum of one year.
Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online:
You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods.
Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described.
If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of th em.
To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
You can cancel by email by contacting hello@madeyourday.co.uk
If you decide to cancel, you should return the goods in original condition and packaging to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This excludes the cost of delivery.
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 no later than 14 days after the day we receive back from you any goods supplied.
Please see our Refund policy for further details.
Prices
Prices shown on the Website are in GBP inclusive of VAT, but do not include delivery costs.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Website at the time the order is accepted will be honoured, except in cases of obvious error.
If you are a customer whose credit/debit card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. All orders are placed with MADE YOUR DAY which is a UK entity. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control and cannot predict the amount of these charges. Please contact your issuing bank before placing your order if this applies to you.
Payment
Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Maestro, American Express and any other methods which may be clearly advertised on the Website from time to time. Payment will be debited and cleared from your account upon dispatch of your order by MADE YOUR DAY.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Insurance and Delivery
Delivery will be made by Royal Mail.
Ownership of any products ordered by you from us shall pass to you on the latter of:
(a) the date on which we receive full payment for those products;
(b) the date and time of delivery to your nominated address.
We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. A signature is required for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us, and transfer of responsibility in the same way.
General Terms
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what MADE YOUR DAY and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law
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.
Contact
For any queries regarding our service, please contact us via email at hello@madeyourday.co.uk
Our company details are:
MADE YOUR DAY LIMITED
Registered office: 52 Summers Road, Godalming, Surrey, GU7 3BD.
Registered in England. Company registration number: 11839264
VAT no: 316679868
Updated 05/08/2021