Terms of service

Our terms
1	These terms
1.1	What these terms cover. These are the terms and conditions on which we supply products to you.
1.2	Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2	Information about us and how to contact us
2.1	Who we are. We are Sarah Foster trading as The Gifted Bee in England and Wales. Our address is Bargrave Drive, Bradwell, Newcastle-under-Lyme, Staffordshire. ST5 8RS.
2.2	How to contact us. You can contact Sarah by telephoning 01782 479829 or by writing to us at [email protected]
2.3	How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4	Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3	Our contract with you
3.1	How we will accept your order. 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.
3.2	If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for , because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3	Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4	We only sell to the UK. Our website is solely for the promotion of our products in the UK. Currently , we do not accept orders from or deliver to addresses outside the UK .
4	Our products and guidance on product safety
4.1	Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and materials accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. As your product is handmade and bespoke to you, your product may vary slightly from those images.
4.2	Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3	Making sure your specifications are accurate. If we are making the product in accordance to instructions you have given us you are responsible for ensuring that these instructions are correct. We provide clear guidance on how to specify product customisation where relevant on the website. We cannot refund any monies paid if the specification you provide is incorrect.
4.4	Each product may have a health and safety warning published on our website and also on or inside any packaging when the product is delivered and you are advised to read and follow such guidance and manage those risks. Failure to follow reasonable precautions including to follow such guidance is paramount to ensure the safety of all users of our products.
5	Your rights to make changes
5.1	If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible . If it is possible we will let you know 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 and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change (because the request was too late and we have already created the product) or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6	Our rights to make changes
6.1	Minor changes to the products. We may change the product:
6.1 (a)	to reflect changes in relevant laws and regulatory requirements; and
6.1 (b)	to implement minor technical adjustments and improvements, for example to address a product safety issue or security threat.
6.2	More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
6.2 (a)	Material colour, shape, wording
7	Providing the products
7.1	Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2	When we will provide the products. During the order process we will let you know when we will provide the products to you. Usually you can expect a lead time of 7-10 working days but we may offer expedited production of some of the handmade gifts.
7.3	We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4	If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier may organise a different delivery location subject to the carrier’s terms informing you of how to rearrange delivery or collect the products from a local depot.
7.5	Your legal rights if we deliver goods late. All delivery deadlines are estimates only as we rely on the postal service or other commercial carriers. Therefore, unless your order is not despatched by us we cannot be held responsible for any delays by the carrier. We will endeavour to assist you with tracking down the parcel once we have despatched your order. You have legal rights if we deliver any goods late. Only in circumstances when we have failed to despatch the order to the carrier and that failure wasn’t as a consequence of events beyond our control under clause 7.3 may you If we miss the delivery deadline for any goods then you may treat the contract as at an end.
7.6	Setting a new deadline for delivery. If you do not wish to treat the contract as at an end , or do not have the right to do so under clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.7	Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.5 or clause 7.6, you can cancel your order for any of the goods. or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01782 479829 or email us at [email protected] for a return label or to arrange collection
7.8	When you become responsible for the goods. A product which is goods will be your responsibility from the time we pass the order onto the carrier who is delivering the product to the address you gave us.
7.9	When you own goods. You own a product which is goods once we have received payment in full.
7.10	What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, name on gift / fabric colour. If so, this will have been stated in the description of the products on our website. We will contact you by email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late, not to specification or not supplying any part of them if this is caused by you not giving us the correct information we need within a reasonable time of us asking for it.
8	Your rights to end the contract
8.1	You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1 (a)	If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1 (b)	If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1 (c)	If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods ;
8.1 (d)	In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2	Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2 (a)	we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
8.2 (b)	we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2 (c)	there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2 (d)	we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
8.2 (e)	you have a legal right to end the contract because of something we have done wrong [(including because we have delivered late (see clause 7.8)].
8.3	Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online which are off the shelf (being gifts which are made without any bespoke work needed based on your specification) you have a legal right to change your mind within 14 days of delivery of the goods and receive a refund. These rights are explained , under the Consumer Contracts Regulations 2013., are explained in more detail in these terms.
8.4	When you don't have the right to change your mind. You do not have a right to change your mind in respect of products that have been personalised according to your instructions. This proviso will apply to the majority of our products as they tend to all be handmade to your specification.
8.5	Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for.. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a 50 percentage of the price paid less shipping, as compensation for the net costs we will incur as a result of your doing so.]
9	How to end the contract with us (including if you have changed your mind)
9.1	Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1 (a)	Phone or email. Call Sarah on 01782 479829 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2	Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us Please email us at [email protected] for a returns authorisation. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3	When we will pay the costs of return. We will pay the costs of return:
9.3 (a)	if the products are faulty or misdescribed;
9.3 (b)	if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, there is a delay in delivery due to our fault or because you have a legal right to do so as a result of something we have done wrong
9.3 (c)	In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4	How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5	Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5 (a)	We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. . . If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5 (b)	The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6	When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.6 (a)	If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
9.6 (b)	In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10	Our rights to end the contract
10.1	We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with correct information that is necessary for us to provide the products, for example, personalisation instruction;
10.2	You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you £5 as compensation for the net costs we will incur as a result of your breaking the contract.
11	If there is a problem with the product
11.1	How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can call 01782 479829 or email us at [email protected]
11.2	"Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. 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. As we are providing goods, (customised gifts), 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: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3."
11.3	Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us at the address set out in clause 9.2. We will pay the costs of postage or collection subject to clause 9.3.
12	Price and payment
12.1	Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.
12.2	What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.3	When you must pay and how you must pay. We accept payment with credit cards, PayPal & digital wallets. We will collect payment at the point of you placing your order.
13	Our responsibility for loss or damage suffered by you
13.1	We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2	We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us;]; and for defective products under the Consumer Protection Act 1987
13.3	We will not be liable for damage which you could have avoided by following our advice or damage which was caused by you failing to correctly follow instructions or to have in place the minimum reasonable safety as advised by us.
13.4	We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14	How we may use your personal information
14.1	How we may use your personal information. We will only use your personal information as set out in our privacy policy.
15	Other important terms
15.1	We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2	This contract is between you and us. No other person shall have any rights to enforce any of its terms..
15.3	Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.4	Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.