Terms of Sale.

 

 

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.  You should print a copy of these Terms for future reference.

 

We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

 

These Terms, and any Contract between us, are only in the English language.

 

1.Information about us

 

We operate the website www.shoshycadoodle.com . Shoshy Cadoodle® is a registered trademark.  

 

2.Our Products

 

2.1The images of the 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 reflect the colour of the Products. Your Products may vary slightly from those images.

 

2.2All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

 

3.Use of our site

 

Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.

 

4.How we use your personal information

 

We only use your personal information in accordance our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

 

5.How the contract is formed between you and us

 

5.1We intend to rely upon these Terms and our Privacy Policy and Terms of Website Use in relation to the Contract between you and us.

 

5.2For the steps you need to take to place on order on our site, please go to www.shoshycadoodle.etsy.com and to view our Products. When you want to buy a Product, select quantity (where applicable), and any other variations from the drop down menu (where applicable) then click Add to Cart. Please check estimated ready to ship time and contact us if you need the Product(s) sooner. We are often able to ship Products sooner if we are made aware of the requirements. Sometimes, this is not possible but if you contact us we can let you know. After clicking add to cart, you will be taken to the payment page. Here you can add a note to us if you have any special instructions or comments. You can also continue shopping if you wish to buy other Products. When you are ready to pay, go to your cart (the cart button is in the top right corner) and click Proceed to Checkout. You will need to check your shipping address very carefully, as we cannot be held responsible for undelivered Products if you provide us with the wrong address or have made any errors in the address given. When you have checked the address is correct and payment details are correct you can click Pay Now to complete the payment.

 

5.3Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

 

5.4After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 5.4.

 

5.5We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation).  The Contract between us will only be formed when we send you the Dispatch Confirmation.

 

5.6If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

 

6.Our right to vary these terms

 

We may revise these Terms from time to time.  Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

 

7.Your cancellation and refund rights

 

7.1You have a legal right to cancel a Contract during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

 

7.2However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.

 

7.3Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

 

7.4To cancel a Contract, you must contact us in writing by sending an e-mail to shoshana.bratton@gmail.com or contacting us through conversations on www.shoshycadoodle.etsy.com

 

7.5You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 7.5. If you returned the Products to us because they were faulty or mis-described, please see clause 7.6.

 

7.6If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

 

7.7We refund you on the credit card or debit card used by you to pay.

 

7.8If the Products were delivered to you:

(a)you must return the Products to us as soon as reasonably practicable;

(b)unless the Products are faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Products to us;

(c)you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

 

7.9You will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms.

 

8.Delivery

 

8.1Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

 

8.2Delivery will be completed when we deliver the Products to the address you gave us.

 

8.3The Products will be your responsibility from the completion of delivery.

 

8.4You own the Products once we have received payment in full, including all applicable delivery charges.

 

9.International delivery

 

9.1We deliver to the countries listed on each page of our Product Listings on www.shoshycadoodle.etsy.com under the drop down menu in the shipping and policies tab.

 

9.2If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  You will be responsible for payment of any such import duties and taxes.

 

9.3You must comply with all applicable laws and regulations of the country for which the Products are destined.  We will not be liable or responsible if you break any such law.

 

10.Price of products and delivery charges

 

10.1The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.

 

10.2Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

 

10.3The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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.

 

10.4The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to each page of our Product Listings on www.shoshycadoodle.etsy.com under the drop down menu in the shipping and policies tab.

 

10.5Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

11.How to pay

 

11.1You can pay for Products using a debit card or credit card or Etsy Gift Card. We accept the following cards: Visa, MasterCard, Discover and American Express.

 

11.2Payment for the Products and all applicable delivery charges is in advance.

 

12.Our liability

 

12.1If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.   

 

12.2We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

12.3We do not in any way exclude or limit our liability for:

(a)death or personal injury caused by our negligence;

(b)fraud or fraudulent misrepresentation;

(c)any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

 

12.4Nothing in these Terms affects your statutory rights.

 

13.Events outside our control

 

13.1We 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2. 

 

13.2An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

13.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)we will contact you as soon as reasonably possible to notify you; and

(b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

14.Communications between us

 

14.1When we refer, in these Terms, to "in writing", this will include e-mail.

 

14.2If you wish to contact us in writing please e-mail.

 

14.3If we have to contact you or give you notice in writing, we will do so by e-mail.

 

15.Other important terms

 

15.1We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

 

15.2This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

15.3Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

15.4If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

15.5These Terms are governed by English law. Any dispute or claim arising out of or in connection with the Contract will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.