1.1 We are Bakka, a sole trader business operated by Dr Mary Macgregor of Bakka, Dale of Walls, Shetland Isles, ZE2 9PE, UK.
1.2 You can contact us by telephone on 01595 780087 or by emailing us at email@example.com. If we have to contact you we will do so by telephone, email or by writing to you at the postal address you provided to us in your order.
1.3 These are the terms and conditions on which we supply products to you. These terms are for contracts concluded online. Please read these terms carefully before placing your order as your order will be accepted strictly on the understanding that you accept these conditions of sale.
2.1 We may change, add or omit any aspect of the website at any time, at our discretion.
2.2 We have no responsibility for the content of any websites other than our own, even if our site links to other websites.
2.3 We retain all rights in relation to the images, design, look, style, appearance and content of our website. You may view and print the website only as a buyer or potential buyer from us. You may not modify, publish, reproduce, distribute or broadcast in any format any material found within this site.
2.4 We may restrict or suspend use of the website (typically for repairs, introduction of services or general maintenance). Where possible we will post warnings on the site first.
2.5 We will try to do this no more than we have to, and keep the time of disruption as short as possible.
2.6 We will not be liable for damages of any kind related to the use of the website.
3.1 We warrant that, on delivery, all goods shall comply and conform in all material respects with their descriptions on our website and any information, specifications and guidance which is set out on our website, and this includes colour. While we try to ensure, by use of appropriate photographic technology, that the colours of the yarns used in the photos of our products are accurate on our website, we cannot be held responsible for any distortion in these colours caused by your personal IT equipment.
3.2 If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct.
4.1 You place an order with us for goods on the website when you press the order confirmation button on the checkout screen. There is no commitment on us to supply those goods, at that price, or at all, until we decide to accept your order.
4.2 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.3 Goods are subject to availability. If we cannot meet your order (or part of it) from stock or within a reasonable time, we will inform you of this in writing or by telephone. Reasons for non-acceptance of your order include the following. The goods you ordered being unavailable from stock, our inability to obtain authorisation for your payment, our identification of a pricing or product description error.
5.1 When your goods are despatched from our warehouse we will send you a despatch confirmation email.
5.2 Completion of the contract between you and us will take place on the despatch to you of the goods ordered unless we have notified you that we do not accept your order, or unless you have cancelled it (see clause 5.6 and clause 7).
5.3 We aim to deliver within reasonable time, however, all quoted delivery dates and times are targets only and we cannot guarantee delivery at any particular time or date.
5.4 If we are prevented from accepting your order and delivering your goods within reasonable time, for example due to an out of stock item, please contact us and we will give you the option of either:
5.4.1 accepting delivery of substitute goods;
5.4.2 accepting goods at a later delivery date; or
5.4.3 cancelling the order.
5.5 If you choose to accept delivery of substitute goods, or delivery of goods at a later date (in accordance with 5.4.1 and 5.4.2 above), it will be on the basis that you have no claim against us for delay (including loss of profits, or other financial loss, of indirect or consequential loss, or increase in the price of the goods).
5.6 If you choose to cancel your order (after we give you that option) in accordance with 5.4.3. above, we will refund to you the price and delivery of the goods ordered and the cancellation will be on the basis that you have no further claim against us under that contract.
5.7 We may deliver the goods in instalments. Each instalment is treated as a separate contract.
5.8 Risk and Title of the goods will pass to you once they have been delivered to you or a person requested by you to receive the goods on your behalf.
6.1 If you wish to amend an order then please contact us on 01595 780087 or at firstname.lastname@example.org. We will let you know if the change is possible and if so, about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change. We will then ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7: ending the contract with us).
7.1 As a consumer entering into a distance contract with us, you have a right to change your mind and cancel this contract without providing any reasons. If you wish to exercise your right to change your mind, please let us know by calling us on 01595 780087 or by emailing us at email@example.com. Cancellation messages left on voicemail will not be accepted. If goods have been dispatched, you must return the goods to us within 14 days of delivery, beginning on the day after the date on which we deliver the goods to you, to the following address: Bakka, Dale of Walls, Shetland Isles, ZE2 9PE, UK.
7.2 If you wish to cancel your order after it has been despatched then you will need to return the goods at your own cost. You are responsible for ensuring that the goods are correctly insured against damage during transport.
7.3 If you choose to end your contract with us in accordance with 7.1 and 7.2 above, you will be entitled to a full refund of the cost of your goods, less delivery charges. This refund will be paid to your account within 14 days following the day after which we receive the goods back from you. We will provide the refund using the same method that you used to pay for the goods and we will not charge you for the refund.
7.4 We ask that you return your goods in their original packaging and in a saleable condition. We reserve the right to deduct an amount from your refund to reflect any diminished value in the goods which has been caused by unnecessary handling by you, up to the value of the goods.
8.1 In the unlikely event that you are unhappy with your goods, or you believe that your goods are defective, please contact us to let us know.
8.2 If you wish to make a complaint, please forward your complaint in writing to us at firstname.lastname@example.org.
8.3 You must inspect the goods on delivery. If any goods are damaged (or not delivered), please let us know as soon as possible by emailing us at email@example.com. We reserve the right to ask you to send us reasonable evidence of any damaged goods.
8.4 We are under a duty to provide goods in conformance with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in this clause shall affect your legal rights as a consumer. For more information in relation to these legal rights please contact your local Citizen’s Advice Bureau or your local Trading Standards Office.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
For products which are goods, which includes knitwear, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· Up to 30 days: if your goods are faulty, then you can get an immediate refund.
· Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
· Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
9.1 The price quoted for the goods and delivery charges (where applicable) will be shown at the checkout. We make every effort to ensure that all our prices are correctly published, however, should any price prove to be wrong, any offer to purchase our products at the misquoted price will be rejected by us. In the event that an order is placed for a misquoted price we will contact you to inform you of this. You will then have the option to accept the correct price or decline, and if you choose to decline we will provide you with a full refund for any payments made for those particular goods.
9.2 We quote the price inclusive of VAT. We will charge you the price inclusive of VAT, at the rate applying at the time of delivery, for all purchases made to destinations within the UK and the EU. VAT is currently 20% for all goods we sell, book and knitting patterns excepted. Sales to addresses outside the EU are exempt of VAT.
9.3 You must pay the total amount due when you place your order.
9.4 All payments (and refunds) are processed by Shopify, and are subject to their Terms and Conditions. We can also accept payment by direct bank transfer. Please follow the instructions in the checkout.
9.5 Some countries levy Import Duty and other local Taxes on purchases made from other contries. We will not pay any of these charges.
10.1 Subject to clause 10.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are an obvious and foreseeable result of the failure to comply with these Terms, or which both you and us reasonably knew might occur as a result of a failure to comply at the time at which you purchased the goods.
10.2 Neither you or we shall be responsible for the following foreseeable losses:
10.2.1 Business losses, which includes loss of business, business interruption, loss of profits or loss of revenue or income;
10.2.2 Loss of any savings which you or we were expecting to make;
10.2.3 Loss of data; or
10.2.4 Any waste of time.
10.3 The above 10.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
10.4 Neither of us will exclude or limit in any way our own liability for:
10.4.1 Death or personal injury caused by our negligence;
10.4.2 Fraud or fraudulent misrepresentation;
10.4.3 Any breach of the obligations implied by section 17 of the Consumer Rights Act 2015;
10.4.4 Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
10.4.5 Any other matter for which it would be illegal or unlawful for either you or us to exclude or attempt to exclude our own liability. You may obtain information about your legal rights by contacting your local Citizen’s Advice Bureau.
11.1 We may pass personal information about you (such as your identity and address) to those third parties we may appoint to administer your account or recover amounts owed.
11.2 That may include, for example, passing information about you to our insurers, debt recovery agents and solicitors, if you fail to pay us. Credit checks and payment processing may also be carried out in order to protect you and us from fraud. Scottish law is applicable to any contract made under these terms. The Scottish courts have non-exclusive jurisdiction.
11.3 If you are more than one person, each of you is jointly and severally liable for all of your obligations under these terms.
11.4 If any of these terms are unenforceable as drafted:
11.4.1 It will not affect the enforceability of any other of these terms; and
11.4.2 It would be enforceable if amended, it will be treated as so amended.
11.5 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
11.6 The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:
11.6.1 Contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
11.6.2 Which expressly state that you may rely on them when entering into the contract.