Terms & Conditions

Please find below our full terms and conditions for customers and businesses.

If you have any queries please contact us via the contact form below. Thanks!

 

For Customers

TERMS AND CONDITIONS OF SALE
This page (together with Our <Privacy Policy> and <Terms of Website Use>) tells You information
about Us (“Us/We/Our”) and the legal terms and conditions (the “Terms”) on which We sell any of
the products (the “Products”) listed on Our website (Our “Site”) to You (“You/Your”).
These Terms will apply to any contract between Us for the sale of Products to You (the “Contract”).
Please read these Terms carefully and make sure that You understand them, before
ordering any Products from Our Site.
Please note that by placing an order, you will be agreeing to these Terms. If You refuse to accept
these Terms, You will not be able to order any Products from Our Site.
You should print a copy of these Terms or save them to Your computer for future reference.
We amend these Terms from time to time as set out in clause 8. 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
1.1. We operate the website www.thismaterialculture.com. We are This Material Culture, whose
place of business is at Flat 1, 27 Argyle Street, Liverpool L1 5BL.
1.2. Contacting Us if You are a consumer:
(a) To cancel a Contract in accordance with Your legal right to do so as set out in clause 9,
You just need to let Us know that You have decided to cancel. The easiest way to do
this is to e-mail Us at thismaterialculture@gmail.com. If You use this method, We will email
You to confirm We have received Your cancellation.
(b) You can also contact Our Customer Services team by telephone on 07908424539 or
by post to Flat 1, 27 Argyle Street, Liverpool, Merseyside, L1 5BL. If You are writing to
Us, please include details of Your order to help Us to identify it. If You send Us Your
cancellation notice by e-mail or by post, then Your cancellation is effective from the
date You send Us the e-mail, or post the letter to Us.
(c) If You wish to contact Us for any other reason, including because You have any
complaints, You can contact Us by telephoning Our customer service team at
07908424539 or by e-mailing Us at thismaterialculture@gmail.com.
(d) If We have to contact You, or give You notice in writing, We will do so by e-mail or by
pre-paid post to the address You provide to Us in Your order.
1.3. Contacting Us if You are a business. You may contact Us by telephoning Our customer
service team at 07908424539 or by e-mailing Us at thismaterialculture@gmail.com. If You
wish to give Us formal notice of any matter in accordance with these Terms, please see
clause 17.3.
2. OUR PRODUCTS
2.1. The 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.
2.2. Although We have made every effort to be as accurate as possible, because Our Products
are handmade, all sizes, weights, capacities, dimensions and measurements indicated on
Our site may vary for each Product.
2.3. The packaging of the Products may vary from that shown on images on Our Site.
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 with Our <Privacy Policy>. Please
take the time to read this policy, as it includes important terms which apply to You.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if You are a consumer.
5.1. If You are a consumer, You may only purchase Products from Our Site if You are at least 18
years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if You are a business.
6.1. If You are not a consumer, You confirm that You have authority to bind any business on
whose behalf You use Our Site to purchase the Products.
6.2. These Terms and any document expressly referred to in them constitutes the entire
agreement between You and Us and supersedes and extinguishes all previous
agreements, promises, assurances, warranties, representations and understandings
between Us, whether written or oral, relating to its subject matter.
6.3. You acknowledge that in entering into this Contract, You do not rely on any statement,
representation, assurance or warranty (whether made innocently or negligently) that is not
set out in these Terms or any document expressly referred to in them.
6.4. You and We agree that neither of Us shall have any claim for innocent or negligent
misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1. Our shopping pages will guide You through the steps You need to take to place an order
with Us (“Order”). Our 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.
7.2. After 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 7.3.
7.3. We will confirm Our acceptance to You by sending You an e-mail that confirms that the
Products have been dispatched (the “Dispatch Confirmation”). The Contract between Us
will only be formed when We send You the Dispatch Confirmation.
7.4. If We are unable to supply You with a Product, for example because that Product is not in
stock, or no longer available, or because We cannot meet Your requested delivery date, or
because of an error in the price on Our Site as referred to in clause 11, 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 including any delivery costs charged as soon
as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1. We amend these Terms from time to time. Please look at the top of this page to see when
these Terms were last updated and which Terms were changed.
8.2. Every time You order Products from Us, the Terms in force at the time of Your Order will
apply to the Contract between You and Us.
8.3. We may revise these Terms as they apply to Your Order from time to time to reflect any
changes in relevant laws and/or regulatory requirements.
8.4. If We have to revise these Terms as they apply to Your Order, We will contact You to give
You reasonable advance notice of the changes and let You know how to cancel the
Contract if You are not happy with the changes. You may cancel either in respect of all the
affected Products, or just the Products You have yet to receive. If You opt to cancel, You will
have to return (at Our cost) any relevant Products You have already received and We will
arrange a full refund of the price You have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if You are a consumer.
9.1. If You are a consumer, You have a legal right to cancel a Contract under the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the
period set out below in clause 9.4.
9.2. This means that during the relevant period, if You change Your mind or decide for any other
reason that You do not want to receive or keep a Product, You can notify Us of Your
decision to cancel the Contract and receive a refund. Advice about Your legal right to
cancel the Contract is available from Your local Citizens’ Advice Bureau or Trading
Standards office.
9.3. However, this cancellation right does not apply in the case of:
(a) any Products that are either made to order by You, are bespoke or are customised in
any way; or
(b) any Products which become mixed inseparably with other items after their delivery.
9.4. If applicable, Your legal right to cancel a Contract starts from the date of the Dispatch
Confirmation (the date on which We e-mail You to confirm Our acceptance of Your Order),
which is when the Contract between Us is formed. Your deadline for cancelling the Contract
then depends on what You have ordered and how it is delivered, as set out in the table
below:
9.5. To cancel a Contract, You just need to let Us know by e-mail that You have decided to
cancel. We will then e-mail You to confirm We have received Your cancellation. You can
also contact Our Customer Services team by telephone on 07908424539 or by post to Flat
1, 27 Argyle Street, Liverpool, Merseyside, L1 5BL.
9.6. If You are e-mailing Us or writing to Us, please include details of Your Order to help Us to
identify it. If You send Us Your cancellation notice by e-mail or by post, then Your
cancellation is effective from the date You either send Us the e-mail, or post the letter to Us.
For example, You will have given Us notice in time as long as You get Your letter into the
last post on the last day of the cancellation period or e-mail Us before midnight on that day.
9.7. If You cancel Your Contract (if applicable), We will:
Your Contract End of the cancellation period
Your Contract is for a single Product
(which is not delivered in instalments
on separate days).
The end date is the end of 14 days after the day on which You receive the
Product.
Example: if We provide You with a Dispatch Confirmation on 1st January and
You receive the Product on 10th January, You may cancel at any time between
1st January and the end of the day on 24th January.
Your Contract is for either of the
following:
• one Product which is delivered
in instalments on separate
days.
• multiple Products which are
delivered on separate days.
The end date is 14 days after the day on which You receive the last instalment
of the Product or the last of the separate Products ordered.
Example: if We provide You with a Dispatch Confirmation on 1st January and
You receive the first instalment of Your Product or the first of Your separate
Products on 10th January and the last instalment or last separate Product on
15th January You may cancel in respect of all instalments and any or all of the
separate Products at any time between 1st January and the end of the day on
29th January.
Your Contract is for the regular
delivery of a Product over a set
period.
The end date is 14 days after the day on which You receive the first delivery of
the Products.
Example: if We provide You with a Dispatch Confirmation on 1st January in
respect of Products to be delivered at regular intervals over a year and You
receive the first delivery of Your Product on 10th January, You may cancel at
any time between 1st January and the end of the day on 24th January. 24th
January is the last day of the cancellation period in respect of all Products to
arrive during the year.
(a) refund You the price You paid for the Products. However, please note We are permitted
by law to reduce Your refund 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.
(b) refund any delivery costs You have paid, although, as permitted by law, the maximum
refund will be the costs of delivery by the least expensive delivery method We offer
(provided that this is a common and generally acceptable method). 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.
(c) make any refunds due to You as soon as possible and in any event within the
deadlines indicated below:
(i) if You have received the Product and We have not offered to collect it from You: 14
days after 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 9.10; or
(ii) if You have not received the Product, or You have received it and We have offered
to collect it from You: 14 days after You inform Us of Your decision to cancel the
Contract.
9.8. If You have returned the Product to Us under this clause 9 because it is faulty or misdescribed,
We will refund the price of the Product in full, together with any applicable
delivery charges, and any reasonable costs You incur in returning the item to Us.
9.9. We will refund You on the credit card or debit card used by You to pay.
9.10. If a Product has been delivered to You before You decide to cancel Your Contract:
(a) then You must return it to Us without undue delay, and in any event not later than 14
days after the day on which You let Us know that You wish to cancel the Contract. If We
have offered to collect the Product from You, We will collect the Product from the
address to which it was delivered. We will contact You to arrange a suitable time for
collection; and
(b) unless the Product is faulty or not as described (in this case, see clause 9.8), You will
be responsible for the cost of returning the Product to Us. If the Product is one which
cannot be returned by post, We estimate that if You use the carrier which delivered the
Product to You, these costs should not exceed the sums We charged You for delivery.
If We have offered to collect the Product from You, We will charge You the direct cost to
Us of collection.
9.11. Because You are a consumer, We are under a legal duty to supply Products that conform
with this Contract. As a consumer, You have legal rights in relation to the Products that are
faulty or not as described. These legal rights are not affected by Your right of return and
refund in this clause 9 or anything else in these Terms. Advice about Your legal rights is
available from Your local Citizens’ Advice Bureau or Trading Standards office.
10. DELIVERY
10.1. We will contact You with an estimated delivery date, which will be within 30 days after the
date of the Dispatch Confirmation (the date on which We e-mail You to confirm Our
acceptance of Your Order). Occasionally, Our delivery to You may be affected by an Event
Outside Our Control. See clause 16 for Our responsibilities when this happens.
10.2. Delivery of an Order shall be completed when We deliver the Products to the address You
gave Us and the Product will be Your responsibility from that time.
10.3. You own the Products once We have received payment in full, including all applicable
delivery charges.
This clause 10.4 only applies if You are a consumer.
10.4. If We miss the 30 day delivery deadline for any Products, then You may cancel Your Order
straight away if any of the following apply:
(a) We have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant
circumstances); or
(c) You told Us before We accepted Your order that delivery within the delivery deadline
was essential.
10.5. If You do not wish to cancel Your Order straight away, or do not have the right to do so
under clause 10.4, You can give Us a new deadline for delivery, which must be reasonable,
and You can cancel Your Order if We do not meet the new deadline.
10.6. If You do choose to cancel Your Order for late delivery under clause 10.4 or clause 10.5,
You can do so for just some of the Products or all of them, unless splitting them up would
significantly reduce their value. If the Products have been delivered to You, You will have to
return them to Us or allow Us to collect them, and We will pay the costs of this. After You
cancel Your Order We will refund any sums You have paid to Us for the cancelled Products
and their delivery.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1. The prices of the Products will be as quoted on Our site at the time You submit Your Order.
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 please see clause
11.6 for what happens if We discover an error in the price of Product(s) You ordered.
11.2. Prices for Our Products may change from time to time, but changes will not affect any
Order You have already placed.
11.3. The 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.
11.4. The price of a Product does not include delivery charges. Our delivery charges are as
advised to You during the check-out process, before You confirm Your Order. To check the
relevant delivery charges, please refer to Our delivery charges page.
11.5. 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 contact You to inform You of this error and We will give You the option of
either continuing to purchase the Product at the correct price, or cancelling Your Order.
11.6. 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.
12. HOW TO PAY
12.1. You can only pay for Products using a debit card or credit card. We accept the following
cards: Visa Credit, Visa Debit, Maestro, Mastercard, American Express.
12.2. Payment for the Products and all applicable delivery charges is in advance. We will not
charge Your debit card or credit card until We dispatch Your Order.
13. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 13 only applies if You are a business customer.
13.1. We only supply the Products for internal use by Your business, and You agree not to use
the Product for any resale purposes.
13.2. Nothing in these Terms limits or excludes Our liability for:
(a) death or personal injury caused by Our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet
possession); or
(d) defective products under the Consumer Protection Act 1987.
13.3. Subject to clause 13.2, We will under no circumstances whatever be liable to You, whether
in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under
or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.4. Subject to clause 13.2, Our total liability to You in respect of all losses arising under or in
connection with the Contract, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the
Products.
13.5. Except as expressly stated in these Terms, We do not give any representation, warranties
or undertakings in relation to the Products. Any representation, condition or warranty which
might be implied or incorporated into these Terms by statute, common law or otherwise is
excluded to the fullest extent permitted by law. In particular, We will not be responsible for
ensuring that the Products are suitable for Your purposes.
15. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 15 only applies if You are a consumer.
15.1. If 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, but We are not
responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable
if it is an obvious consequence of Our breach or if it was contemplated by You and Us at
the time We entered into this contract.
15.2. We only supply the Products for domestic and private use. You agree not to use the product
for any commercial, business or resale purposes, and We have no liability to You for any
loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3. We 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.
16. EVENTS OUTSIDE OUR CONTROL
16.1. We 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 16.2.
16.2. An 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.
16.3. If 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.
16.4. You may cancel a Contract affected by an Event Outside Our Control which has continued
for more than 30 days. To cancel please contact Us. If You opt to cancel, You will have to
return (at Our cost) any relevant Products You have already received and We will refund
the price You have paid, including any delivery charges.
17. COMMUNICATIONS BETWEEN US
17.1. When We refer, in these Terms, to “in writing”, this will include e-mail.
17.2. If You are a consumer You may contact Us as described in clause 1.3.
17.3. If You are a business:
(a) Any notice or other communication given by You to Us, or by Us to You, under or in
connection with the Contract shall be in writing and shall be delivered personally, sent
by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered
personally, when left at Our registered office; if sent by pre-paid first class post or other
next working day delivery service, at 9.00 am on the second Business Day after
posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter,
that such letter was properly addressed, stamped and placed in the post and, in the
case of an e-mail, that such e-mail was sent to the specified e-mail address of the
addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other
documents in any legal action.
18. OTHER IMPORTANT TERMS
18.1. We 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.
18.2. You may only transfer Your rights or Your obligations under these Terms to another person
if We agree in writing.
18.3. This Contract is between You and Us. No other person shall have any rights to enforce any
of its terms.
18.4. Each 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.
18.5. If 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.
18.6. If You are a consumer, please note that these Terms are governed by English law. This
means a Contract for the purchase of Products through Our site and any dispute or claim
arising out of or in connection with it will be governed by English law. You and We both
agree to that the courts of England and Wales will have non-exclusive jurisdiction.
However, if You are a resident of Northern Ireland You may also bring proceedings in
Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in
Scotland.
18.7. If You are a business, a Contract and any dispute or claim arising out of or in connection
with it or its subject matter or formation (including non-contractual disputes or claims) shall
be governed by and construed in accordance with the law of England and Wales.
18.8. If You are a business, We both irrevocably agree that the courts of England and Wales
shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection
with a Contract or its subject matter or formation (including non-contractual disputes or
claims).

For Businesses

TERMS AND CONDITIONS OF SALE
This page tells You information about Us (“Us/We/Our”) and the legal terms and conditions (the
“Terms”) on which We sell any of the products (the “Products”) listed on Our website (Our “Site”)
to You (“You/Your”).
These Terms will apply to any contract between Us for the sale of Products to You (the “Contract”).
Please read these Terms carefully and make sure that You understand them, before
ordering any Products from Us.
Please note that by placing an order, you will be agreeing to these Terms. If You refuse to accept
these Terms, You will not be able to order any Products from us.
You should print a copy of these Terms or save them to Your computer for future reference.
We amend these Terms from time to time as set out in clause 8. 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
1.1. We operate the website www.thismaterialculture.com. We are This Material Culture, whose
place of business is at Flat 1, 27 Argyle Street, Liverpool L1 5BL.
1.2. Contacting Us if You are a consumer:
(a) To cancel a Contract in accordance with Your legal right to do so as set out in clause 9,
You just need to let Us know that You have decided to cancel. The easiest way to do
this is to e-mail Us at thismaterialculture@gmail.com. If You use this method, We will email
You to confirm We have received Your cancellation.
(b) You can also contact Our Customer Services team by telephone on 07908424539 or
by post to Flat 1, 27 Argyle Street, Liverpool, Merseyside, L1 5BL. If You are writing to
Us, please include details of Your order to help Us to identify it. If You send Us Your
cancellation notice by e-mail or by post, then Your cancellation is effective from the
date You send Us the e-mail, or post the letter to Us.
(c) If You wish to contact Us for any other reason, including because You have any
complaints, You can contact Us by telephoning Our customer service team at
07908424539 or by e-mailing Us at thismaterialculture@gmail.com.
(d) If We have to contact You, or give You notice in writing, We will do so by e-mail or by
pre-paid post to the address You provide to Us in Your order.
1.3. Contacting Us if You are a business. You may contact Us by telephoning Our customer
service team at 07908424539 or by e-mailing Us at thismaterialculture@gmail.com. If You
wish to give Us formal notice of any matter in accordance with these Terms, please see
clause 17.3.
2. OUR PRODUCTS
2.1. The 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.
2.2. Although We have made every effort to be as accurate as possible, because Our Products
are handmade, all sizes, weights, capacities, dimensions and measurements indicated on
Our site may vary for each Product.
2.3. The packaging of the Products may vary from that shown on images on Our Site.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if You are a business.
6.1. If You are not a consumer, You confirm that You have authority to bind any business on
whose behalf You use Our Site to purchase the Products.
6.2. These Terms and any document expressly referred to in them constitutes the entire
agreement between You and Us and supersedes and extinguishes all previous
agreements, promises, assurances, warranties, representations and understandings
between Us, whether written or oral, relating to its subject matter.
6.3. You acknowledge that in entering into this Contract, You do not rely on any statement,
representation, assurance or warranty (whether made innocently or negligently) that is not
set out in these Terms or any document expressly referred to in them.
6.4. You and We agree that neither of Us shall have any claim for innocent or negligent
misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1. To place an order you will complete all the information on our order form and email it to us
at thismaterialculture@gmail.com. The placing of an order confirms acceptance of our
terms and conditions.
7.2. After 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 7.3.
7.3. We will send you an invoice with the payment information, total cost of the order, including
a delivery cost unless the order is over £120 where we will cover shipping. We reserve the
right to alter this. Once you have received the invoice, you will pay for the purchased goods
on delivery, through a method stated on the invoice. Payment must be made within 3 days
of receiving the goods. The goods remain the property of This Material Culture until paid for
in full.
7.4. If We are unable to supply You with a Product, for example because that Product is not in
stock, or no longer available, or because We cannot meet Your requested delivery date, or
because of an error in the price on Our Site as referred to in clause 11, 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 including any delivery costs charged as soon
as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1. We amend these Terms from time to time. Please look at the top of this page to see when
these Terms were last updated and which Terms were changed.
8.2. Every time You order Products from Us, the Terms in force at the time of Your Order will
apply to the Contract between You and Us.
8.3. We may revise these Terms as they apply to Your Order from time to time to reflect any
changes in relevant laws and/or regulatory requirements.
8.4. If We have to revise these Terms as they apply to Your Order, We will contact You to give
You reasonable advance notice of the changes and let You know how to cancel the
Contract if You are not happy with the changes. You may cancel either in respect of all the
affected Products, or just the Products You have yet to receive. If You opt to cancel, You will
have to return (at Our cost) any relevant Products You have already received and We will
arrange a full refund of the price You have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if You are a consumer.
9.1. If You are a consumer, You have a legal right to cancel a Contract under the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the
period set out below in clause 9.4.
9.2. This means that during the relevant period, if You change Your mind or decide for any other
reason that You do not want to receive or keep a Product, You can notify Us of Your
decision to cancel the Contract and receive a refund. Advice about Your legal right to
cancel the Contract is available from Your local Citizens’ Advice Bureau or Trading
Standards office.
9.3. However, this cancellation right does not apply in the case of:
(a) any Products that are either made to order by You, are bespoke or are customised in
any way; or
(b) any Products which become mixed inseparably with other items after their delivery.
9.4. If applicable, Your legal right to cancel a Contract starts from the date of the Dispatch
Confirmation (the date on which We e-mail You to confirm Our acceptance of Your Order),
which is when the Contract between Us is formed. Your deadline for cancelling the Contract
then depends on what You have ordered and how it is delivered, as set out in the table
below:
9.5. To cancel a Contract, You just need to let Us know by e-mail that You have decided to
cancel. We will then e-mail You to confirm We have received Your cancellation. You can
also contact Our Customer Services team by telephone on 07908424539 or by post to Flat
1, 27 Argyle Street, Liverpool, Merseyside, L1 5BL.
9.6. If You are e-mailing Us or writing to Us, please include details of Your Order to help Us to
identify it. If You send Us Your cancellation notice by e-mail or by post, then Your
cancellation is effective from the date You either send Us the e-mail, or post the letter to Us.
For example, You will have given Us notice in time as long as You get Your letter into the
last post on the last day of the cancellation period or e-mail Us before midnight on that day.
9.7. If You cancel Your Contract (if applicable), We will:
(a) refund You the price You paid for the Products. However, please note We are permitted
by law to reduce Your refund 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.
(b) refund any delivery costs You have paid, although, as permitted by law, the maximum
refund will be the costs of delivery by the least expensive delivery method We offer
(provided that this is a common and generally acceptable method). For example, if We
offer delivery of a Product within [3-5] days at one cost, but You choose to have the
Your Contract End of the cancellation period
Your Contract is for a single Product
(which is not delivered in instalments
on separate days).
The end date is the end of 14 days after the day on which You receive the
Product.
Example: if We provide You with a Dispatch Confirmation on 1st January and
You receive the Product on 10th January, You may cancel at any time between
1st January and the end of the day on 24th January.
Your Contract is for either of the
following:
• one Product which is delivered
in instalments on separate
days.
• multiple Products which are
delivered on separate days.
The end date is 14 days after the day on which You receive the last instalment
of the Product or the last of the separate Products ordered.
Example: if We provide You with a Dispatch Confirmation on 1st January and
You receive the first instalment of Your Product or the first of Your separate
Products on 10th January and the last instalment or last separate Product on
15th January You may cancel in respect of all instalments and any or all of the
separate Products at any time between 1st January and the end of the day on
29th January.
Your Contract is for the regular
delivery of a Product over a set
period.
The end date is 14 days after the day on which You receive the first delivery of
the Products.
Example: if We provide You with a Dispatch Confirmation on 1st January in
respect of Products to be delivered at regular intervals over a year and You
receive the first delivery of Your Product on 10th January, You may cancel at
any time between 1st January and the end of the day on 24th January. 24th
January is the last day of the cancellation period in respect of all Products to
arrive during the year.
Product delivered within 24 hours at a higher cost, then We will only refund what You
would have paid for the cheaper delivery option.
(c) make any refunds due to You as soon as possible and in any event within the
deadlines indicated below:
(i) if You have received the Product and We have not offered to collect it from You: 14
days after 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 9.10; or
(ii) if You have not received the Product, or You have received it and We have offered
to collect it from You: 14 days after You inform Us of Your decision to cancel the
Contract.
9.8. If You have returned the Product to Us under this clause 9 because it is faulty or misdescribed,
We will refund the price of the Product in full, together with any applicable
delivery charges, and any reasonable costs You incur in returning the item to Us.
9.9. We will refund You on the credit card or debit card used by You to pay.
9.10. If a Product has been delivered to You before You decide to cancel Your Contract:
(a) then You must return it to Us without undue delay, and in any event not later than 14
days after the day on which You let Us know that You wish to cancel the Contract. If We
have offered to collect the Product from You, We will collect the Product from the
address to which it was delivered. We will contact You to arrange a suitable time for
collection; and
(b) unless the Product is faulty or not as described (in this case, see clause 9.8), You will
be responsible for the cost of returning the Product to Us. If the Product is one which
cannot be returned by post, We estimate that if You use the carrier which delivered the
Product to You, these costs should not exceed the sums We charged You for delivery.
If We have offered to collect the Product from You, We will charge You the direct cost to
Us of collection.
9.11. Because You are a consumer, We are under a legal duty to supply Products that conform
with this Contract. As a consumer, You have legal rights in relation to the Products that are
faulty or not as described. These legal rights are not affected by Your right of return and
refund in this clause 9 or anything else in these Terms. Advice about Your legal rights is
available from Your local Citizens’ Advice Bureau or Trading Standards office.
10. DELIVERY
10.1. We will contact You with an estimated delivery date, which will be within 30 days after the
date of the Dispatch Confirmation (the date on which We e-mail You to confirm Our
acceptance of Your Order). Occasionally, Our delivery to You may be affected by an Event
Outside Our Control. See clause 16 for Our responsibilities when this happens.
10.2. Delivery of an Order shall be completed when We deliver the Products to the address You
gave Us and the Product will be Your responsibility from that time.
10.3. You own the Products once We have received payment in full, including all applicable
delivery charges.
This clause 10.4 only applies if You are a consumer.
10.4. If We miss the 30 day delivery deadline for any Products, then You may cancel Your Order
straight away if any of the following apply:
(a) We have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant
circumstances); or
(c) You told Us before We accepted Your order that delivery within the delivery deadline
was essential.
Page !4 of !7
10.5. If You do not wish to cancel Your Order straight away, or do not have the right to do so
under clause 10.4, You can give Us a new deadline for delivery, which must be reasonable,
and You can cancel Your Order if We do not meet the new deadline.
10.6. If You do choose to cancel Your Order for late delivery under clause 10.4 or clause 10.5,
You can do so for just some of the Products or all of them, unless splitting them up would
significantly reduce their value. If the Products have been delivered to You, You will have to
return them to Us or allow Us to collect them, and We will pay the costs of this. After You
cancel Your Order We will refund any sums You have paid to Us for the cancelled Products
and their delivery.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1. The prices of the Products will be as quoted on the order form at the time You submit Your
Order. 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 please see
clause 11.6 for what happens if We discover an error in the price of Product(s) You ordered.
11.2. Prices for Our Products may change from time to time, but changes will not affect any
Order You have already placed.
11.3.
11.4. The price of a Product does not include delivery charges. Our delivery charges are as
advised to You during the check-out process, before You confirm Your Order. To check the
relevant delivery charges, please refer to Our delivery charges page.
11.5. 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 contact You to inform You of this error and We will give You the option of
either continuing to purchase the Product at the correct price, or cancelling Your Order.
11.6. 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.
12. HOW TO PAY
12.1. You can pay for Products using a debit card or credit card. We accept the following cards:
Visa Credit, Visa Debit, Maestro, Mastercard, American Express. We will also accept BACS
transfer to the account detailed in your invoice.
12.2. Payment for the Products and all applicable delivery charges is in advance. We will not
charge Your debit card or credit card until We dispatch Your Order.
13. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 13 only applies if You are a business customer.
13.1.
13.2. Nothing in these Terms limits or excludes Our liability for:
(a) death or personal injury caused by Our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet
possession); or
(d) defective products under the Consumer Protection Act 1987.
13.3. Subject to clause 13.2, We will under no circumstances whatever be liable to You, whether
in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under
or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.4. Subject to clause 13.2, Our total liability to You in respect of all losses arising under or in
connection with the Contract, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the
Products.
13.5. Except as expressly stated in these Terms, We do not give any representation, warranties
or undertakings in relation to the Products. Any representation, condition or warranty which
might be implied or incorporated into these Terms by statute, common law or otherwise is
excluded to the fullest extent permitted by law. In particular, We will not be responsible for
ensuring that the Products are suitable for Your purposes.
15. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 15 only applies if You are a consumer.
15.1. If 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, but We are not
responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable
if it is an obvious consequence of Our breach or if it was contemplated by You and Us at
the time We entered into this contract.
15.2. We only supply the Products for domestic and private use. You agree not to use the product
for any commercial, business or resale purposes, and We have no liability to You for any
loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3. We 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.
16. EVENTS OUTSIDE OUR CONTROL
16.1. We 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 16.2.
16.2. An 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.
16.3. If 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.
16.4. You may cancel a Contract affected by an Event Outside Our Control which has continued
for more than 30 days. To cancel please contact Us. If You opt to cancel, You will have to
return (at Our cost) any relevant Products You have already received and We will refund
the price You have paid, including any delivery charges.
17. COMMUNICATIONS BETWEEN US
17.1. When We refer, in these Terms, to “in writing”, this will include e-mail.
17.2. If You are a consumer You may contact Us as described in clause 1.3.
17.3. If You are a business:
(a) Any notice or other communication given by You to Us, or by Us to You, under or in
connection with the Contract shall be in writing and shall be delivered personally, sent
by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered
personally, when left at Our registered office; if sent by pre-paid first class post or other
next working day delivery service, at 9.00 am on the second Business Day after
posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter,
that such letter was properly addressed, stamped and placed in the post and, in the
case of an e-mail, that such e-mail was sent to the specified e-mail address of the
addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other
documents in any legal action.
18. OTHER IMPORTANT TERMS
18.1. We 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.
18.2. You may only transfer Your rights or Your obligations under these Terms to another person
if We agree in writing.
18.3. This Contract is between You and Us. No other person shall have any rights to enforce any
of its terms.
18.4. Each 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.
18.5. If 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.
18.6. If You are a consumer, please note that these Terms are governed by English law. This
means a Contract for the purchase of Products through Our site and any dispute or claim
arising out of or in connection with it will be governed by English law. You and We both
agree to that the courts of England and Wales will have non-exclusive jurisdiction.
However, if You are a resident of Northern Ireland You may also bring proceedings in
Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in
Scotland.
18.7. If You are a business, a Contract and any dispute or claim arising out of or in connection
with it or its subject matter or formation (including non-contractual disputes or claims) shall
be governed by and construed in accordance with the law of England and Wales.
18.8. If You are a business, We both irrevocably agree that the courts of England and Wales
shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection
with a Contract or its subject matter or formation (including non-contractual disputes or
claims).

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