NEEMA CRAFTS LIMITED
OUR TERMS OF BUSINESS
1.1 What these terms cover. These are the terms and conditions on which we supply our goods 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.
1.3 Are you a consumer? These terms only apply if you are a consumer which will be if:
2.1 Who we are. We are Neema Crafts Limited a company registered in England and Wales. Our company registration number is 09839110 and our registered office is at 45 Prior Park Road Bath BA2 4NF. We are the trading arm of Neema Crafts Workshop a charity registered with the Charity Commission (Registered Charity No 1117305).
2.2 How to contact us. You can contact us by telephoning 07889 837373, sending us an email at email@example.com or by writing to us at 45 Prior Park Road Bath BA2 4NF.
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 When we use the expressions writing or written in these conditions this includes email.
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 let you know this in writing and will not charge you for the product. This might be for a number of reasons, for example, because the product is out of stock, the stock held by us varies from the description on the website, because we have identified an error in the price or description of the product, because the delivery charges quoted to you (which are an estimate only) are not accurate, 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 Orders from outside the UK. We would like to accept orders from addresses outside the UK and from the Channel Islands and the Isle of Man but delivery costs might prevent us from doing so. If this is a problem we will try to contact you to discuss options. However we might need to cancel your order under Clause 3.2 if we cannot cover our delivery costs.
Products may vary from their pictures. The images and descriptions of the products on our website are for illustrative purposes only. Our products are hand made artisan craft goods. As such there are some variations from product to product, for example the colour of tassels, piping, weave patterns and finish. Although we have made every effort to display the colours of our products accurately these do vary from item to item. Also we cannot guarantee that these will be accurately reflected on your device. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, there might be some variation to sizes, weights, capacities, dimensions and measurements indicated on our website.
In some circumstances it might be necessary for us to make more significant changes to the product than those referred to in Clause 4, for example because products supplied by the Neema Crafts project in Tanzania differ more significantly from what we were expecting. If this is the case we will notify you and you may then contact us to end the contract and receive a refund for any products paid for but not received by you.
6.1 Delivery costs. The estimated costs of delivery will be as displayed to you on our website. However if the actual costs we will incur are higher we might need to cancel your order in accordance with Clause 3.2. If this happens we will let you know as soon as we can and arrange for any money you have paid to be refunded.
6.2 We use several different couriers and postal services for our deliveries depending upon size, weight and number of parcels.
6.3 We will arrange for delivery of the products to you as soon as reasonably possible.
6.4 Please check the delivery address on your order confirmation is correct as we will need to charge an additional delivery fee if the address is incorrect and we need to resend your products.
6.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, for example delays at our couriers, then we will contact you as soon as we become aware of this. 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.
6.6 If you are not at home when the product is delivered you will need to make alternative arrangements for delivery if no one is available at your address to take delivery and the products cannot be posted through your letterbox.
6.7 If you tell us your order has not arrived and our records show that this has been sent to you we may ask you to double check with your neighbours or look in safe places as the courier may have left your parcel there. We may also ask you to complete a non-receipt declaration.
6.8 If after a failed delivery to you, you do not re-arrange delivery or arrange to collect the product we may charge you for any additional costs we incur. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 12.2 will apply.
6.9 Products will be your responsibility from the time our courier delivers them to the address you gave us.
6.8 You own a product once we have received payment in full.
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 and when you decide to end the contract:
7.1 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 to get some or all of your money back), see Clause 8;
7.2 If you want to end the contract because of something we have done or have told you we are going to do, see Clause 9; or
7.3 If you have just changed your mind about the product, see Clause 10 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 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
8.2 Please ensure that you check all goods on receipt, as faulty or damaged items must be reported within 5 working days of receiving the parcel, or within 30 days should the fault develop after receipt.
8.3 If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection.
8.4 If an item is deemed to be faulty or damaged we will offer a replacement, an exchange or a refund.
8.5 The above provisions in Clause 8 will not apply and you will not be entitled to a refund or replacement if you or any third party have damaged or mishandled the item concerned.
If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
9.1 we have told you about a significant change to the product, which you do not agree to (see Clause 5) ;
9.2 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;
9.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
9.4 you have a legal right to end the contract because of something we have done wrong.
10 OUR REFUNDS POLICY
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.1 Our goodwill guarantee for consumers.
Please note, these terms reflect the goodwill guarantee offered by Neema Crafts Limited to its UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 8):
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
14 day period to change your mind.
30 day period to change your mind.
10.2 The period you have to change your mind starts on the day after the day you (or someone you nominate) receives the goods. If your goods are split into several deliveries over different days this period starts the day after the date of the last delivery.
11.1 To end the contract with us, please email us at firstname.lastname@example.org - Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2 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 at 45 Prior Park Road Bath BA2 4NF. If you are a consumer 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.
11.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or misdescribed taking into account the provisions of Clause 4.1; or
(b) if you are ending the contract because we have told you of a future change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
11.4 How we will refund you. If you are entitled to a refund under these terms 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.
11.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind:
(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; and
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
11.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see Clause 11.2.
12.1 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:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery details; or
(c) you do not, within a reasonable time, allow us access to deliver the products to you;
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated 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 13.2 which explains what happens if we discover an error in the price of the product you order.
13.2 What happens if we have 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 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.
13.3 When you must pay and how you must pay. We accept payment by most credit cards through our Shopify website and PayPal. You must pay for the products before we dispatch them.
13.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You must still pay us the amount that is not in dispute.
14.1 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, 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.
14.2 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.
14.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited and excluded to the fullest extent permitted by law.
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15.2 We will only give your personal information to other third parties where the law either requires us to do so.
16.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.3 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.4 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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. If you live outside the United Kingdom the local laws of your country might allow you to bring proceedings there.