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Terms and Conditions

TO ALL OUR TMM PURCHASERS THESE ARE OUR TERMS AND CONDITIONS OF SALE – THEY ARE BORING BUT IMPORTANT SO PLEASE DO TAKE TIME TO READ THEM CAREFULLY:

TO PROTECT YOUR OWN INTERESTS YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE BUYING ANYTHING FROM OUR WEBSITE.  If you are uncertain as to your rights under these Terms or you want any explanation about them (or just a bit of a chinwag) please email or telephone our customer services team, at the email address set out here help@tinymagicmail.com.

When you buy goods from us under these Terms you have legal rights. These are also known as ‘statutory rights’. The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).

1. INTRODUCTION

1.1              These Terms explain how you may buy goods from our Website. You should read these Terms carefully before buying any goods. When buying any goods you agree to be bound by these Terms, and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy any goods unless we agree otherwise. If you have any questions about these Terms, please contact help@tinymagicmail.com.

1.2              These Terms are only available in English. No other languages will apply to these Terms.

1.3              If you need any further information on these Terms or any orders you have placed with us, please write to us at the following address: by email:  help@tinymagicmail.com or by post:  Customer Queries, Tiny Magic Mail Limited, Kingsdene, King Street, Odiham, Hook RG29 1NF.

1.4              Definitions

In these Terms, the following words have the following meanings:

“Additional Terms”

has the meaning given to it in Clause 2.2.2;

“Confirmation email”

has the meaning given to it in Clause 2.1.4;

“Specific Terms”

has the meaning given to it in Clause 2.2.1;

“Terms”

the terms and conditions set out in this document, any Additional Terms and any Specific Terms;

“We, us or our”

means Tiny Magic Mail Limited (a company registered in England and Wales under company number 09385942) the registered office of which is at Kingsdene, King Street, Odiham, Hook, RG29 1NF;

“Website”

means www.tinymagicmail.com and all associated web pages;

“You or your”

means the person buying goods from the Website.

2.    ORDERING GOODS FROM THE WEBSITE

2.1        The steps required to create these Terms (eg a legally binding contract) between you and us are as follows:

2.1.1     You place an order on the Website by filling your basket and entering your details and then clicking “Order with Obligation To Pay”.

2.1.2    When your order is placed with us at the end of the online checkout process (eg when you click on the ‘Order with Obligation to Pay’ button), we will email you to acknowledge that we have received your order. This order acknowledgement does not, however, mean that your order has been accepted by us.

2.1.3 We may send you an email to say that we do not accept your order. This is typically for the following reasons:

(a)     the goods are not available

(b)     we cannot obtain authorisation of your payment

(c)     there has been an error by us on the pricing or description of the goods

2.1.4           We will only accept your order when we send you an email that confirms this (Confirmation email). At this point, a legally binding contract will be in place between you and us and at this point we will despatch the goods to you.

2.2              When you order goods from the Website, Specific Terms or Additional Terms or both may apply as follows:

2.2.1           Certain goods that we sell may have specific terms and conditions which apply to them. These are set out on the relevant webpage (Specific Terms).

2.2.2           We may also add to or replace these Terms with additional terms and conditions (Additional Terms). This may happen, for example, for security, legal or regulatory reasons. We will email to let you know if we intend to do this by giving you one month's notice. You may end these Terms at any time by giving one month's notice if we tell you that Additional Terms will apply to these Terms.

When you buy goods from us under any Specific Terms or any Additional Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods Act 1979 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in any Specific Terms or any Additional Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).

2.3              When placing an order on the Website, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to us.

2.4              If you are under the age of eighteen (18) you may not purchase any goods from the Website.

2.5              While we try to ensure that:

2.5.1           all weights, sizes and measurements set out on the Website are as accurate as possible there may be a tolerance of up to 5% in such weights, sizes and measurements

2.5.2           the colours of our goods are as accurately displayed as possible on the Website, the actual colours that you see on your computer may vary depending on the monitor or tablet that you use.Any goods sold at discount prices, as remnants or as substandard will be identified and be stated to be sold as such on the Website. Such goods may not necessarily be in perfect condition so please check that they are of a satisfactory quality for their intended particular use.

3. NATURE OF THE GOODS AND FAULTY GOODS

3.1              PLEASE NOTE: 

3.1.1           Our products are NOT TOYS, they are decorative collector’s items.  Our products should not be left with a child under fourteen (14)  without close adult supervision;

3.1.2           None of our products are edible;

3.1.3           Some of our products are made from glass or terracotta so please handle with great care;

3.1.4           The small parts represent a choking hazard so please keep all products out of the reach of children;

3.1.5           Fixing our door products with any type of adhesive, fixing or hardware may result in damage to the door and to the surface you are fixing it to;

3.1.6           We strongly recommend that the door is set up out of reach of small children on a shelf, dresser or similar. 

3.2              The law gives you certain legal rights if any of our goods are faulty. You have rights relating to refunds and to have such goods repaired or replaced if realistically possible. Nothing in these Terms affects these legal rights. If you want us to repair or replace the goods or want a refund please email our customer services team, at the email address set out here help@tinymagicmail.com as soon as reasonably possible. Further information on your legal rights on faulty goods can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).

3.3              The packaging of the goods may vary from that shown on the Website.

3.4              If we experience difficulties in supplying certain goods we may need to substitute them with alternative goods of equal or better standard and value. We will email to let you know if we intend to do this but this may not always be possible. You may refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

4.                 ‘COOLING OFF’ PERIOD AND YOUR RIGHT TO CANCEL THESE TERMS

4.1              You have a legal right to cancel these Terms during the cancellation period set out in this clause 4. During the cancellation period if you decide that, for whatever reason, you no longer want goods that you have bought you may tell us that you want to cancel these Terms and obtain a refund. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).

4.2              Your right to cancel these Terms starts from the date when the relevant goods are delivered and ends at the end of 14 days after this date.

4.3              Please contact us if you want to cancel these Terms. You can email our Customer Service Department, at the email address set out here help@tinymagicmail.com. Alternatively, you can complete and send the cancellation form set out here Cancellation Policy. Details of your right to cancel and how you should do this are also set out in the Confirmation email.

4.4              Without undue delay after you contact us to cancel these Terms (and in any event within any time period specified in law, currently 14 days after we receive the goods back from you) we will refund the price of the goods and any delivery charges paid for by you. If you are cancelling the Terms and returning the goods because of a defect or the goods were not as described, we will also refund any reasonable costs that you incur in returning the goods to us. Any refunds will be made on the debit card or the credit card which you used to pay for the goods.

4.5              If you have already received the goods (such as if the goods have been delivered to you), you must return them to us as soon as possible. You have a legal duty to keep the goods in your possession, to take reasonable care of them and not to use them before you return them to us. If the value of the goods is less than it was because you have handled them beyond what is necessary (such as to see the nature, characteristics and functioning of the goods) then we may charge you an appropriate amount and take that amount from what we owe you. This might happen because you start to use the goods. Unless you are returning the goods because of a defect or the goods were not as described, you are responsible for the cost of returning the goods to us.

5. DELIVERY

5.1              The estimated date for delivery of the goods will be set out in the Confirmation email. If something happens which is outside of our control and which affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the goods. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the Confirmation email, we will email you to let you know, will cancel your order and provide you with a refund.

5.2              Delivery of the goods will take place when we deliver them to the address that you gave to us. We use Royal Mail to deliver our goods; if nobody is available to take delivery of the goods, please email our team, at the email address set out here help@tinymagicmail.com. Please note that all calls to us will be charged to you at your provider’s standard rate (BT land lines only, other network charges may vary) so as to rearrange delivery. You will be responsible for the goods when delivery has taken place (including ensuring that you follow any instructions or manuals provided with the goods) and you will own the goods when we receive payment in full for them and any respective delivery charges. Please note that we do not make deliveries to any addresses outside of the UK (unless by special arrangement – please contact:  help@tinymagicmail.com) although we do deliver to British Forces Post Office addresses.

6. PAYMENT

6.1              You may pay for the goods by using PayPal or most major credit cards and debit cards.

6.2              We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the goods is secure by using an encrypted secure payment mechanism but in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.

6.3              Your credit card or debit card will only be charged when the goods are dispatched.

6.4              All payments by credit card or debit card need to be authorised by the relevant card issuer. If your payment is not received by us and you have already received the goods that you ordered from us, you must pay for such goods within seven (7) days or must return them to us as soon as possible. You must keep the goods in your possession, take reasonable care of them and not use them before you return them to us. If you do not pay for the goods or return them to us in accordance with this clause we may collect the goods from you at your expense. We will email to let you know if we intend to do this.

6.5              Nothing in this clause affects your legal rights to cancel the Contract during the ‘cooling off’ period under Clause 4.

6.6              The price of the goods:

6.6.1           includes VAT at the applicable rate

6.6.2           does not include the cost of delivering the goods (Currently £4 for 2 Boxes, £6 for 3 boxes, £10 for 6 boxes, £16 for 6+)

6.6.3           is quoted in pounds sterling (£)(GBP).

7. END OF THESE TERMS

If these Terms are ended it will not affect our right to receive any money which you owe to us under these Terms.

8. LIMITATION ON OUR LEGAL RESPONSIBILITY TO YOU

Except for:

8.1.1           death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents)

8.1.2           fraud or fraudulent misrepresentation

8.1.3           breach of any of the provisions implied into these Terms under the Sale of Goods Act 1979 (or any other law),

we will only be legally responsible to you for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into. We are not legally responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).

9. USING THE WEBSITE

9.1.1           The Site is for your personal and non-commercial use only.

9.1.2           You agree that you are solely responsible for:

(a)                all costs and expenses you may incur in relation to your use of the Site; and

(b)                keeping your password and other account details confidential.

9.1.3           The Website is intended for use only by those who can access it from within the UK. We may accept orders for delivery to locations outside of the UK although this may depend on certain customs, legal and other practical restrictions. If you choose to access the Website from locations outside the UK or place orders for delivery to locations outside the UK, you are responsible for compliance with local laws where they are applicable.

9.1.4           We seek to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us at help@tinymagicmail.com.

9.1.5           We may prevent or suspend your access to the Website if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

10. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

10.1.1        This Website and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit.

10.1.2        Nothing in these terms and conditions grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.

10.1.3        While we try to make sure that the Website is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on this Website is at your own risk.

10.1.4        We may suspend or terminate operation of the Website at any time as we see fit.

10.1.5        Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

10.1.6        While we try to make sure that the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website.

11. HYPERLINKS AND THIRD PARTY WEBSITES

The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

12. EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

13. DISPUTES

We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of England will have exclusive jurisdiction in relation to the Terms. English law will apply to these Terms.

14. THIRD PARTY RIGHTS

No one other than a party to these Terms has any right to enforce any of the Terms.