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TERMS & CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.themerry-makers.co.uk (“Our Site”) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. Information about us
We operate the website www.themerry-makers.co.uk . We are The MerryMakers Limited, a company registered in England and Wales under company number 13657585 and with our registered office at 65 Campana Road, SW64AT. Under the VAT number XXXXX
2. Orders
While we do accept orders from addresses outside the UK we are only prepared to accept such orders on the basis that you are agreeing to be bound by these terms and conditions and you are bound exclusively by the courts of England and Wales.
3. Your status
By placing an order through our site, you warrant that:
1. You are legally capable of entering into binding contracts; and
2. You are at least 18 years old or you are 18 and of legal Alcohol consumption age.
4. How the contract is formed between you and us
1. Contract Formation
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
2. Products
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Consumer rights
1. Orders Orders are subject to the availability of Products. In the event that the Products are or become unavailable, we will notify you by email.
2. Personalised Products Orders are subject to the availability of Products. In the event that the Products are or become unavailable, we will notify you by email.
1. When ordering Personalised Products (as defined below) you accept full responsibility for ensuring that you upload adequate quality images (where applicable) and complete the online order form accurately.
2. Any text or bespoke words (the “Text”) that you provide in relation to personalised Products such as personalised banners, personalised engravings or personalised cards (“Personalised Products”) will be used by us in the manner and form that we receive the Text from you, including any deliberate or otherwise obvious spelling mistakes. We will not make any alteration to the Text.
3. Cancellation of Order
If you are contracting as a consumer, you may cancel a Contract at any time BEFORE the dispatch order confirmation . In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
4.Return of Products
To return a product , you must inform us in writing ( via the contact us page ) and you will need to have the return approved . Once approved You must return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. ( see return policy clause 9)
5. Bespoke Products
You will not have any right to cancel a Contract for the supply of any of the following Products:
Personalised Products that have produced to your specific requirements; or banners, cards, jewellery and invitations.
6. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. We will deliver the Products ordered to the delivery address supplied by you.
7. Risk and title :
1. Risk
The Products will be your responsibility from the time of delivery.
2. Title
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and payment :
1. Price
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
2. VAT
Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
3. Change in Price
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
4. Error
Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
5. Mistake
If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
6. Credit Cards
Payment for all Products must be by credit or debit card. We accept payment with MasterCard, Visa Debit, Maestro, Apple Pay.
7. Discount Codes
The following terms and conditions apply to all discount codes offered on Our Site, The MerryMakers social media channels and email communications (unless otherwise stated):
1. Only one promotion code can be used per order.
2. All discounts cannot be used on Paypal transactions or orders containing personalised products only.
3. Returned items will be refunded with the discount price paid.
8.Your Right to Cancel
Applicability of cancellation rights: Legal rights of cancellation under the Distance Selling Regulations available for UK or EU consumers do not apply to certain products.
9.Our return policy
1. The Box should be returned in their original SEALED packaging.
2.Once the Box has been unsealed, the box cannot be returned, unless its content is damaged or missing.
Damaged or Missing content :
1. Goods that by reason of their nature, cannot be returned - (Items such as underwear or cosmetics where the seal has been broken) or perishable and edible goods as well as alcohol.
2. Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by phone or e-mail only) within a reasonable period of time. Once an agreement has been approved, you must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
Refund policy
How can you get a Refund
1. Because you have cancelled the Contract between us , within the appropriate time ( before the dispatch order (see clause 4 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price paid of the Product in full
2.You have changed your mind and want to return the box , ( in accordance with clause 9) you will need to write us an email , go to our contact us page and fill up the return form.
Once the return has been approved in written by us and after the Product returned has been received and inspected by us. We will
Refund you the amount paid to the original
Payment method .
However, you will be responsible for the cost of returning the item to us.
How to return a product to us:
Please send the package back to our Head Quarters at:
The MerryMakers
65 Campana Road
SW64AT
London UK
3.For any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund , if any , via e-mail within a reasonable period of time once the product has been sent back to us. We will usually process the refund , due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full to the original payment method.
4.Note and Delivery
You will include a note explaining the reason for returning the Product and reference order with the returned items. You will use registered post or recorded delivery when returning the Products.
5. Personalised Products
We are unable to offer a refund for Personalised Products which are returned to us, unless the Personalised Product is defective or the loyale made on our end , in which case the Personalised Product must be returned to us within 72 exceptions applies
6.Method of Payment
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Warranty
We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12.Delivery
We respect your confidentiality. All orders are dispatched in discreet, plain packaging, and we will never make your details available to any third party company for marketing purposes. Delivery charges and timescales vary depending on the type of products ordered, the service you select, delivery address and unforeseeable disruptions to delivery services.
Your order will be dispatched within 5 working days for a standard delivery or within 2days for a fast delivery . In exceptional cases, due to high demand or other reasons such as unforeseeable circumstances, order processing may take longer but every effort will be made to complete and despatch your order promptly. Any exceptional delays will be advised on the website and by email.
You will receive an email confirming dispatch.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. The Merry Makers shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control. In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau for UK customers).
13. Age Restriction
You must be over 18 to shop online with The Merry Makers. The purchase of certain products and services made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website.
14.Our liability
We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
15. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Events outside our control
1. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
2. Force Majeure Event
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. strikes, lock-outs or other industrial action;
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks;
6. the acts, decrees, legislation, regulations or restrictions of any government; and
7. pandemic or epidemic
3. Suspension
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
1. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. Default
A waiver by us of any default will not constitute a waiver of any subsequent default.
3. Written Waiver
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
18. Severability
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. Our right to vary these terms and conditions
1. Variation
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
2. Change
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
3. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If you would like to contact us direct you may do so by email at hello@themerry-makers.co.uk
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