Terms & Conditions

Website Terms and Conditions for Sale of Goods & Services to Consumers

1. Who are we and our contact details

1.1. I am a sole trader Karen Simmonds trading as Kiwi Tree Designs with my principal place of business as 11 Prinsted Walk, Fareham, Hampshire, PO14 3AD, United Kingdom.

1.2. You can get hold of us by emailing us at info@kiwitreedesigns.com.

2. What do these terms do and why are they important?

Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including

  1. how we will provide you with the goods and/or services that you have ordered
  2. our payment terms and delivery times
  3. the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
  4. what you should do if there is a fault with the goods and/or services that we have provided to you, and
  5. how we will use your personal details

as well as other matters.

2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.

2.2. We only sell goods and/or services in the UK.

2.3. Separate terms and conditions apply to the use of our website. You can find those terms and conditions here: https://www.kiwitreedesigns.com/legal.

3. Your personal information

3.1. For information about how we collect and use your personal information, please see our general privacy notice, which is available here.

4. Order Process and the Contract between you and us

4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods and/or services to you which we will usually communicate by email. If we tell you that we cannot provide the goods and/or services to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods and/or services, and we have already received payment from you, then we will promptly refund you for any goods and/or services that we cannot provide to you.

5. About the goods

5.1. Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.

5.2. Many of our goods are handmade, which means that the size, dimensions or weight of the handmade goods may vary by up to 3% above or below the amounts quoted on our website.

5.3. If you place an order for goods that are to be made to measurements that you have given to us, then you must ensure that those measurements are accurate. You are responsible for them.

6. Changes to goods and/or services

6.1. If you would like to make a change to the goods and/or services for which you have already placed an order, please contact us as promptly as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.

6.2. In some circumstances we may need to make minor changes to the goods and/or services that you ordered. As these are minor changes and will not affect your use of the goods and/or services we will not usually contact you about these. These minor changes are likely to be:

  1. because we need to update the goods and/or services to implement a change in the law, or a regulatory requirement; and/or
  2. because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods and/or services.

6.3. It is possible that exceptionally, we may need to make a more major change to the goods and/or services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 15.1 (cancellation terms) of these terms and conditions will apply.

7. Payment details

7.1. The price of the goods and/or services will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.

7.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 15.1 of these terms and conditions will apply).

7.3. Any costs for delivery of the goods and/or services and other costs associated with the goods and/or services will be the amounts that were set out to you in the order process on our website.

7.4. When you need to pay us depends on whether what we provide you with is goods or services:

  1. For one-off goods, you must pay for them before we deliver them to you;
  2. For one-off services, you must make a prepayment of 40% of the price before we begin to supply the services. You must pay the remainder of the price on completion of the services.
  3. For ongoing services, we will invoice you monthly in advance for the services. Invoices must be paid within 30 days of the date of the invoice.

We accept payment by bank transfer, PayPal or cheque.

8. Delivery and collection of goods and supply of services

8.1. Before you place your order via email or on our order pages, we will let you know when we will deliver the goods and/or services to you and the delivery service or courier we will be using. Delivery and supply times will depend on whether you have ordered goods and/or services and whether these are one-off, ongoing or subscriptions:

  1. For one-off goods, unless we have agreed another date with you, we will deliver them within 30 days of the date on which we accepted your order;
  2. For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the approximate date for completion of the services will be the date we advised you when you placed your order;
  3. For ongoing services, we will provide the services to you until the services have been completed or the contract is cancelled by you (see section 15) or by us (see section 16) or until we withdraw the services (see section 17);

8.2. We will contact you if we are delayed in delivering the goods and/or services to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods and/or services that you have paid for but not yet received.

8.3. If you told us that you would like to collect the goods, then you can collect them once we have confirmed that they are ready for collection. You can collect them between 9am – 5pm on weekdays. If you do not collect the goods from us within a reasonable time of us letting you know that they are ready for collection, we will contact you about what to do next, and we may charge you for the storage costs we incur during this period. If we are still unable to arrange collection of the goods with you, then we may cancel the contract, and the consequences set out in section 16.2 will apply.

9. Suspension

9.1. If something happens that means we must suspend the supply of the goods and/or services to you, for example:

  1. to make minor technical adjustments or to resolve technical issues;
  2. to update the goods and/or services to implement a change in law or any relevant regulatory requirement,
  3. then we will contact you to let you know.

9.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods and/or services, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.

9.3. If we are going to suspend the supply of a good or service for more than 14 days then you may contact us to cancel the contract. We will provide you with a refund for the relevant good or service for which you have made payment but have not yet received.

10. Responsibility for and ownership of goods

10.1. You will be responsible for goods from the point at which we deliver the goods to you – or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.

10.2. You will only own the goods once we have received full payment for them.

11. Your obligations

11.1. We will inform you during the order process of information that we need from you in order to provide you with the goods and/or services. We will contact you to request this information.

11.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 16.2 will apply), or we may charge you for the additional costs which we incur as a result.

11.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods and/or services, or if we do not provide any part of them to you.

12. If there is a fault with the goods and/or services

12.1. We hope that you are satisfied with the goods and/or services that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.

12.2. We must provide goods and/or services to you that meet your consumer rights.

12.3. This section 12.3 provides you with a summary of your consumer rights if there is a fault with the goods or services that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.

  1. If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods you’re entitled to the following:
    1. For up to 30 days if your goods are faulty, you can get an immediate refund.
    2. For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
    3. For up to 6 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.
  2. If we have provided you with services, the Consumer Rights Act 2015 says:
    1. You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill – or get some money back if we can’t fix it.
    2. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
    3. If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.

12.4. If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either return the goods in person to the place where you bought them, post them back to us via the postal service we tell you. We will pay for the costs of return or collection in these circumstances.

12.5. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 14.

13. Our liability if you suffer loss or damage

13.1. If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods and/or services to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.

13.2. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods and/or services (a summary of which is set out in section 12.3) or for providing you with defective items under the Consumer Protection Act 1987.

13.3. If we provide any advice to you, including in any instructions or manuals provided to you with the goods and/or services, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.

13.4. We only provide goods and/or services for private and domestic use. We do not provide them for business or commercial use. If you do use the goods and/or services for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.

14. Cooling-off period and your right to cancel the contract during it

14.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 15 below.

14.2. When you buy goods and/or services from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 14.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 14.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.

14.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered goods and/or services. It is also subject to certain exceptions which are set out in section 14.4 below. You can calculate the cooling-off period as follows:

  1. For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
  2. For goods that are ordered together but that are delivered to you separately on different days, you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
  3. For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract;
  4. For a contract that is for goods and services, you have up to 14 days after the day you receive the goods to cancel the contract;
  5. For services, you have up to 14 days after the day we contact you to accept your order to cancel the contract.

14.4. If any of the following circumstances applies to the goods and/or services that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods or services because you have changed your mind:

  1. if the goods have been personalised or made to your specification;
  2. if the services have been completed;

14.5. If you want to cancel the contract because you have changed your mind then you should let us know before the end of the cooling-off period (as calculated in accordance with section 14.3) in one of the following ways:

  1. contacting us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel.

14.6. If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind.

14.7. If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cancellation period (but before we have completed them), then you will have to pay us for the services that we have provided to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.

14.8. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods and/or services as well as any standard delivery costs that you paid, , If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment which you used to pay us within 14 days of the day we receive the goods back from you or, if earlier within 14 days of you providing us with proof that the goods have been sent back to us. If your order does not include goods that need to be returned to us, then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.

14.9. We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. Therefore you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.

15. Your rights to cancel the contract

15.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 14, if any of the following circumstances apply, you have the right to cancel this contract immediately:

  1. we have informed you that there was an error with the price or the description of the goods and/or services when you placed the order, and you now do not wish to proceed based on the correct price or description;
  2. we have informed you that we need to make a major change to the goods and/or services (see section 6.3) and you do not want to proceed with the change;
  3. there is a significant delay in providing the goods and/or services to you, because of circumstances that are not within our control (see section 8.2);
  4. we have informed you that we need to suspend the supply of goods and/or services to you, for any of the reasons set out in section 9.1, for more than 14 days; or
  5. you have some other legal right to cancel the contract because of something we have done.

15.2. If you do cancel the contract for any of the above reasons (section 15.1(a) to 15.1(e)) then we will provide you with a refund for any goods and/or services that you have paid for but we have not yet provided, or we may provide you with a refund for any goods and/or services which have not been properly provided to you. In certain circumstances you may also be entitled to further compensation.

15.3. If there is a fault with the goods and/or services that we have provided to you, please see section 12 of these terms and conditions.

15.4. If you are cancelling the contract for any other reason that is not set out in section 15.1 or section 14 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any goods and/or services that you have paid for but not yet received. However, we may make a reduction from the refund due to you; or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.

15.5. If you cancel the contract after we have dispatched goods, then you must return the goods to us (by posting them back to us). If you cancel the contract because of circumstances set out in section 15.1 or because there is a fault with them (see section 12), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 14, you will be responsible for the costs of returning the goods to us.

16. Our rights to cancel the contract

16.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:

  1. you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 7.4);
  2. you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 8.3);
  3. you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 8.4);
  4. you do not provide us with information that we have requested from you within a reasonable time (see section 11.1);

16.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 16.1), we will provide you with a refund for any goods and/or services for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs which we incur due to having to cancel the contract.

17. General

17.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.

17.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.

17.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.

17.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.

17.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.

17.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.

17.7. If you are dissatisfied with how we have handled your complaint, you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Model Cancellation Form (Distance Contracts)

The wording on this form is specified by the law. You should therefore only change those parts indicated.

To Kiwi Tree Designs, 11 Prinsted Walk, Fareham, Hampshire, PO14 3AD, United Kingdom . info@kiwitreedesigns.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate