This page contains both the terms upon which Vespiary Limited products are made available to you and the terms on which you may make use of the Vespiary Limited website.
TERMS OF SALE
Vespiary Products are made available to you subject to the Terms and any other rules posted on the Website. You will be asked to expressly agree to these Terms before you place an order for Products from our Website. The only language in which we provide these Terms is English.
In these Terms, “we” means Vespiary Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for Products (and “your” will be construed accordingly).
Your order is an offer to buy from us. All orders are subject to acceptance and availability. There will be no contract of any kind between you and us unless and until we send you an email confirming that your order has been dispatched (“Dispatch Email”). At any point up until then, we may notify you that we do not accept your order and decline to supply the Products to you without giving any reason. Now that the Products are dispatched, a contract for sale will be made between you and us.
To enter a contract to buy Products from us, you will need to take the following steps:
- You must add the Products you wish to purchase to your basket, once added you must open your basket and agree to purchase the items in accordance with these Terms, following confirmation of the Terms you must proceed to the checkout;
- If you are a new customer, you must either register as a customer and log in, or continue as a guest; if you are a registered customer you may enter your login details or you may continue as a guest;
- Once you are logged in or you have continued as a guest, you must enter in your contact email address and billing address and either elect for the Products to be shipped to your billing address or enter in a shipping address, this is described as “Step 1” of the ordering process;
- In the next step you must select your preferred method of shipping, enter in your debit/credit card details for payment and enter any “Discount Code” or “Gift Code” where indicated. The cost of your order will be automatically updated with the cost of shipping upon selection of your preferred shipping method and upon any “Discount Code” or “Gift Code’ being entered. At this point, you will see the full price of your order and will be able to confirm your order by clicking on the “Complete My Purchase” box. This is described as “Step 2” of the ordering process;
- After entering the required debit/credit card information and clicking on the “Complete My Purchase” box a page will be displayed thanking you for shopping with Vespiary and we will send you an email acknowledging receipt of your order;
- We will then check whether we are able to meet your order, decide if we are going to accept your order and if we can obtain authorisation from your card issuer for your payment;
- In the final step we will either send you Dispatch Email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
Before you confirm your order as described in step (iv) above, you will be able to see the Products you are ordering, the quantity of each Product you are ordering and the cost of your order throughout “Step 1” and “Step 2” of the Website ordering process. This gives you the opportunity to check you have not made any input errors. If you have made any errors or no longer wish to continue with your order you can click on the “Return to store” tab on the bottom right hand side of the page to return to the shop section of the Website or click on the “Basket” tab on the top right hand side of the page to remove any Products from your Basket or change the quantity of any Products in your Basket before proceeding with your order;
We will not file a copy of these Terms specifically in relation to your order. We may update the version of these Terms on the Website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms for your records.
All our Products are displayed in the “Shop” section of our Website. The Products displayed may change from time to time and due to the nature of the Products we may have a limited number of each of the Products available.
Many of our Products are handmade. Due to the nature of handmade products there will often be imperfections and small variations in colour, texture, weight, size, design or packaging, such imperfections and/or variations are not evidence of defects in the product. If you do have any queries regarding specific Products that you would like to order, email us at firstname.lastname@example.org and we’ll get back to you.
Any care instructions for Products provided on the Website or that accompany the Products on delivery should be followed. We will not be liable for damage caused to any Products because of failure to follow the care instructions on the Website and/or those care instructions provided with the Products at the time of delivery.
PRICE AND PAYMENT
Prices for our Products are quoted on our Website. The Website contains many Products and it is always possible that some of the prices on the Website may be incorrect. We will verify prices as part of our sale procedures and if there is an error in the price of a product we will contact you prior to dispatching the product to check whether you would like to proceed with the order or cancel the order. Prices for Products are liable to change at any time, but changes will not affect contracts, which have come into force prior to the change in price.
In addition to the price of each of the Products, you may have to pay a delivery charge, which will be as stated in “Step 2” of the order process following selection of your preferred shipping method.
Payment must be made upon the submission of your order. We may withhold the Products and/or cancel the contract between us if the price is not received from you in full in cleared funds. 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 we may cancel the order, or if already dispatched we may cancel the contract. We will not be liable for any delay or non-delivery due to payment authorisation being delayed or refused by your card issuer.
Payment for all Products must be made using Sage Pay’s secure payment gateway, via Pay Pal or via Apple Pay. This means that Sage Pay, Pay Pal or Apple Pay handle the transaction on our behalf and we do not at any time gain access to your full payment method details, except your address which is necessary in order for us to fulfil your order.
DISCOUNTS & SALES PROMOTIONS
Discounts provided to customers only apply to full price Products and are not valid on items quoted at sale price.
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms;
(b) the information provided in your order is accurate and complete;
(c) the credit/debit card used to pay for the order is yours
(d) you will be able to accept delivery of the products; and
(e) you are at least 18 years of age.
Once an order of Products has been received and we have accepted the order by sending you a Despatch Email (“Ordered Products”), the Ordered Products will be despatched to the shipping address provided in your order. We will use reasonable endeavours to deliver Ordered Products within the timescale stated in the section titled “Delivery” on the page for the particular Ordered Product in the shop section of the Website. However, we cannot guarantee delivery within the relevant timescale. We do however guarantee that unless there are exceptional circumstances all deliveries of Ordered Products will be dispatched within 30 days of receipt of payment and the date of our Despatch Email.
RISK AND OWNERSHIP
The Ordered Products will be at your risk from the time of delivery. Ownership of the Ordered Products will only pass to you upon:
(a) delivery of the Ordered Products; and
(b) receipt by us of full payment of all sums due in respect of the Ordered Products (including delivery charges).
We will be entitled to recover payment for the Ordered Products even where ownership has not passed to you.
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 14 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must:
- a) give us written notice of cancellation within the 14 working days following receipt of the Ordered Products;
- b) return the product(s) to us within 14 working days of receipt of the product(s); and
- c) return the product(s) unused, in the same condition in which you received them and with all tags still attached.
If you cancel a contract on this basis, you will be refunded in full (excluding the cost of sending the products to you). You will be responsible for paying the cost of returning the product(s) to us. We recommend that you use registered delivery and keep the receipt as we cannot accept responsibility for products lost or damaged in transit by a third party. Any claim for compensation from a third party for products lost or damaged in transit shall be borne by you and is not our responsibility.
Please note that with regard to sale items (ie. those items with a reduced price) and items that were subject to a free shipping offer, our “Returns” terms vary from those above. Sale items can only be returned for a credit note, a monetary refund is not available and returned items that have been subject to a free shipping offer will have our delivery cost deducted from the amount refunded. Our shipping costs are detailed on the Delivery & Returns page. All of the other “Returns” remain unchanged for these items.
If you attempt to cancel a contract under the Distance Selling Regulations but fail to comply with the conditions listed in this Clause 10, the contract will not be cancelled and you will not be entitled for a refund for the products in question.
In the event that you return the products at our expense, we may pass that expense on to you.
Nothing in these Terms affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund in accordance with the Terms or your statutory rights, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in the Terms will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the Terms.
The limitations and exclusions of liability set out in this Clause: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Contracts made under these Terms may only be varied by a document signed by both you and us. We may revise these Terms from time-to-time, but such revisions will not affect the terms of any contracts, which we have already entered into with you.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these Terms, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these Terms, at any time, providing such action does not serve to reduce the guarantees benefiting you under these Terms.
Each contract under these Terms is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Clause 13: these Terms contain the entire agreement and understanding of the parties in relation to the purchase of Products from our Website, and supersede all previous agreements and understandings between the parties in relation to the purchase of Products from our Website; and each party acknowledges that no representations not expressly contained in these Terms have been made by or on behalf of the other party in relation to the purchase of Products from our Website.
These Terms will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these Terms.
Our full name is Vespiary Limited.
Our registered office is 95 St. George's Rd. 15 St. George's Studios. Glasgow G3 6JA.
Our company registration number is SC578721.
Our email address is email@example.com
INFORMATION ABOUT US
Our Website is operated by Vespiary Limited (“We”), a company registered in Scotland with Company No. SC578721 and whose registered office is located at 95 St. George’s Rd. 15 St. George’s Studios. Glasgow G3 7JT.
ACCESSING OUR WEBSITE
Access to our Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of our Website, or our entire Website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The Website is for your personal non-commercial use only. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may however, use the photographs, videos and accompanying text for personal non-commercial use on the social media sites Twitter, Pinterest, Tumblr, Instagram and Facebook, provided that our status (and that of any identified contributors/vendors) as the authors of material on our Website must always be acknowledged and upon request by us you must promptly remove any photographs, videos and accompanying text that you have taken from our Website and/or in which we have intellectual property rights. Whilst we permit the use of the photographs, videos and accompanying text for personal non-commercial use on the social media sites listed, we reserve all our intellectual property rights in that material.
RELIANCE ON INFORMATION POSTED
Whilst reasonable care has been taken to describe items accurately, slight variations may occur with colour or text descriptions and sizes. To the extent permitted by law, we do not warrant that the text or colour descriptions are accurate, complete, reliable, current or error free. Furthermore, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
The material displayed free of charge on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
TRANSACTIONS CONCLUDED THROUGH OUR WEBSITE
If applicable, contracts for the supply of good and/or services formed through our Website or as a result of visits made by you are governed by our Terms of Sale.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to any page on our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not link to any page on our site to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site, without our express permission. We reserve the right to withdraw linking permission without notice. Our Website must not be framed on any other website without our permission. We reserve the right to withdraw permission to frame our website without notice. If you wish to make any use of material on our Website other than as permitted above, please address your request to firstname.lastname@example.org
LINKS FROM OUR SITE
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JOURNAL AND REGISTERED CUSTOMERS
Password and security: When you register to use our Website you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us at email@example.com immediately. If we have reason to believe that there is likely to be a breach of security or misuse of our Website, we may require you to change your password or we may suspend your account.
Prohibited Uses: You may not use any part of the Website, including the comments section of the Journal for any of the following purposes: disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws; transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice; interfering with any other person’s use or enjoyment of our Website; or making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Your responsibility: You will be responsible for our losses and costs resulting from your breach of this clause 14.
Our right to suspend or cancel your registration:
You can cancel your registration at any time by informing us in writing at firstname.lastname@example.org
The suspension or cancellation of your registration and your right to use our Website shall not affect either party’s statutory rights or liabilities.
Journal comments: You are permitted to provide comments in response to our Journal posts provided a “Comments” section exists at the end of the Journal Post. We are under no obligation to provide a “Comments” section and we are entitled not to post onto the “Comments” section any comment provided and/or remove any or all comments posted to the “Comments” section at any point in time without notice.
JURISDICTION AND APPLICABLE LAW
If you have any concerns about material, which appears on our Website, please contact us at email@example.com
Thank you for visiting our Website. Last updated on 24h April 2018.