Terms and Conditions
Please read all these terms and conditions, they are put in place to protect both you the customer and us.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please contact us at email@example.com
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). I am Jodie Rose trading as Spirit Rhythm Beads & Leads with email address firstname.lastname@example.org; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.spiritrhythmbeads.co.uk on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour or design of the Goods supplied.
12. In the case of any Goods handmade, made to your special requirements or personalised, it is your responsibility to ensure that any information or specification you provide is accurate and fit for purpose.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price, Payment and Delivery
23. The price of the Goods and any additional delivery or other charges are set out on the Website at the date of the Order or such other price as we may agree in writing.
24. You must pay by submitting your credit or debit card details (through Worldpay) OR selecting one of the offline methods (Cheque or direct Bank Transfer) with your Order, so we can take payment immediately, the order total is to be paid in full and cleared before delivery of the Goods.
25. We aim to have all orders made and shipped within 7 working days of payment, however, as all products are handmade to order, this may take longer during busy periods. We will always contact and keep you informed. If you are in need of an item by a specific date we ask that you please get in touch and we will do our best to accommodate.
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us via Royal Mail 2nd Class Signed For but you will pay the costs of this.
30. We do not generally deliver to addresses outside England, Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
31. If you or your nominee fails, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
32. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
33. Risk of damage to or loss of, any Goods will pass to you when the Goods are delivered to you.
34. You do not own the Goods until we have received payment in full and this has cleared.
Withdrawal and cancellation
35. You can withdraw the Order by telling us before the Order is dispatched, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
36. You can cancel the Contract if you simply wish to change your mind and without giving us a reason, except for any Goods which are made to your special requirements or clearly personalised, by telling us no later than 14 calendar days from the day the Contract was entered into. you must return to us the Goods in undamaged, unused and in pristine condition at your own expense via Royal Mail 2nd Class Signed For post. Then we must without delay refund to you the price for those Goods which have been paid for, but we will retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. The Returns Right is different and separate from the Cancellation Rights.
38. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
39. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.spiritrhythmbeads.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
40. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
41. For the purposes of these Cancellation Rights, these words have the following meanings: a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Effects of cancellation in the cancellation period
42. If you cancel this Contract, we will reimburse to you all payments received from you, excluding the costs of delivery and return delivery if applicable, this must be paid by you.
Returns & Faulty Goods
43. All products that leave Spirit Rhythm Beads & Leads, are delivered to you fit for purpose. If Goods are broken/damaged/not as described on arrival: You must provide photographic evidence of the broken/damaged Goods and get in touch via email within 48 hours of receiving your Goods. You can either choose to have a free replacement sent out or receive a full refund excluding the costs of delivery (once damaged items are returned to us via Royal Mail 2nd Class Signed For and inspected). We will reimburse return postage costs for any Goods damaged/faulty on arrival. If you choose to have a replacement sent, we will resend Goods to you free of charge.
44. We are unable to accept exchanges or refunds for incorrectly ordered Goods. It is the Customer's responsibility to check that all details on their order are correct.
Deduction for Goods supplied
45. 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 (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
46. Once Goods have been returned reimbursement will be paid not later than 14 days after the day we receive back from you any Goods.
47. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
48. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any additional fees as a result of the reimbursement.
49. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
50. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
51. It is not a failure to conform if the failure has its origin in your materials.
52. We will provide the following after-sales service: The supplier will advise on how to introduce the product (such as rhythm beads) to your animal and will offer any repairs/replacements in compliance with our Guarantee Terms set out below for our handmade items.
53. All materials received from our Suppliers are checked for quality prior to use.
54. All items with a guarantee covers defects in material and/or craftsmanship and does not cover normal wear and tear including corrosion, discolouration, damages caused by the Customer or the Customer's animal.
55. Should any hardware (buckles, rivets, trigger hooks, etc.) fail, you must provide photographic evidence and get in touch via email to email@example.com and arrange to send Goods to us (please ask for return address) via Royal Mail 2nd Class Signed For, then these will be replaced by us free of charge (subject to inspection), return postage will be reimbursed and there will be no additional fee to you when your repaired Goods are sent back.
56. Should any material fail or break, you must provide photographic evidence and get in touch via email to firstname.lastname@example.org and arrange to send Goods to us (please ask for return address) via Royal Mail 2nd Class Signed For, then we will either repair or send a replacement free of charge (subject to inspection), return postage will be reimbursed and there will be no additional fee to you when new/repaired Goods are sent back.
57. Guarantee is valid from the date of dispatch, Goods are covered by our guarantee as follows:
a. Not covered under guarantee - Dog Toys
b. 6 months from date of dispatch - Rhythm Beads, Dog Collars, ID Collars/Necklaces
c. 1 year from date of dispatch - All Dog Leads, all Horse Lead Ropes, all Horse Rope Halters
Circumstances beyond the control of either party
58. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
59. It is the customers/users responsibility to check Goods for excessive wear and tear before each use and if need be stop using Goods if necessary for theirs and/or their pets safety.
60. THE SUPPLIER DOES NOT EXCLUDE LIABILITY FOR: (i) ANY FRAUDULENT ACT OR OMISSION; OR (ii) FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR BREACH OF THE SUPPLIER'S OTHER LEGAL OBLIGATIONS. SUBJECT TO THIS, THE SUPPLIER IS NOT LIABLE FOR (i) LOSS WHICH WAS NOT REASONABLY FORESEEABLE TO BOTH PARTIES AT THE TIME WHEN THE CONTRACT WAS MADE, OR (ii) LOSS (E.G. LOSS OF PROFIT) TO THE CUSTOMER'S BUSINESS, TRADE, CRAFT OR PROFESSION WHICH WOULD NOT BE SUFFERED BY A CONSUMER - BECAUSE THE SUPPLIER BELIEVES THE CUSTOMER IS NOT BUYING THE GOODS WHOLLY OR MAINLY FOR ITS BUSINESS, TRADE, CRAFT OR PROFESSION.
61. THE SUPPLIER IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY OR DEATH TO ANY PERSON OR ANIMAL THROUGH MISUSE OF OUR GOODS. IT IS THE RESPONSIBILITY OF THE CUSTOMER/USER TO FOLLOW INSTRUCTIONS AND TAKE NOTE OF ANY WARNINGS GIVEN, ENSURING PROPER USE AND BEING MINDFUL OF WEAR AND TEAR OF GOODS, DISCONTINUING USE IF NECESSARY FOR THEIRS AND/OR THEIR PETS SAFETY.
ANY ADVISE NOT FOLLOWED IS AT THE CUSTOMERS/USERS OWN RISK.
62. EQUINES SHOULD NOT BE LEFT UNSUPERVISED OR TURNED LOOSE WHILST WEARING ANY OF OUR PRODUCTS.
63. DOGS SHOULD NOT BE LEFT UNSUPERVISED WHILST WEARING OR PLAYING WITH (TOYS) ANY OF OUR PRODUCTS UNLESS A SAFETY FEATURE SUCH AS AN EMERGENCY BREAKAWAY OR SLIDE IS SPECIFIED IN THE DESCRIPTION.
Governing law, jurisdiction and complaints
64. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
65. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
66. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us via email (email@example.com) to find a solution. We will respond ASAP with an appropriate solution.
Model cancellation Form
Email address: firstname.lastname@example.org
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)