KNOBBLES & BOBBLES – TERMS & CONDITIONS
This page tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (“our site”) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information About Us
1.1 We operate the website http://www.knobblesandbobbles.com. We are Knobbles and Bobbles Limited, a company registered in England and Wales under company number 08656714 and with our registered office at 12 Westgate, Baildon, Shipley, West Yorkshire, BD17 5EJ. Our main trading address is 8 Swan Avenue, Bingley, West Yorkshire, BD16 3PU.
1.2 Contacting us if you are a consumer:
1.2.1 To cancel a Contract in accordance with your legal right to do so you just need to let us know that you have decided to cancel as set out in clause 6.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning 07746 357625 or by e-mailing us at email@example.com.
1.2.3 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 07746 357625 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 15.3.
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, all sizes, dimensions and measurements indicated on our site have a 2% tolerance.
3. If You Are a Business Customer
This clause 3 only applies if you are a business.
3.1 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 Products.
3.2 These Terms 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.
3.3 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.
3.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
4. How the Contract Is Formed Between You and Us
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
4.2 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 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that your order has been processed (“Process Confirmation”). The Contract between us will only be formed when we send you the Process Confirmation.
4.4 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 9.5, 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.
5. Our Right to Vary These Terms
5.1 We amend these Terms from time to time. 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.
5.2 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
5.3 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 any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6. Your Consumer Right of Return and Refund
This clause 6 only applies if you are a consumer.
**Please note, paint is not returnable under any circumstances**
6.1 If you are a consumer, you have a legal right to cancel a Contract, in full or in part, during the period set out below in clause
6.2. 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 for that Product.
6.3 Your legal right to cancel a Contract, in full or in part, starts from the date of the Process Confirmation. Your deadline for cancelling the Contract depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product.||The end date is the end of 14 days after the day on which you receive the Product.|
|Your Contract is either for one Product which is delivered in instalments on separate days or 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.|
|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.|
6.5 If you cancel the Contract, in full or in part, and have already received the Products then you must return the Products you do not require to us without undue delay and in any event no later than 14 days after the day on which you inform us that you wish to cancel and you will be responsible for the cost of returning the Products to us and you will not be entitled to a refund of the delivery costs.
6.6 If you cancel your Contract in full or in part we will refund you the price you paid for the Products which have been returned. 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 for the Products returned 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.
6.7 If you cancel your Contract in full or in part and the total amount of the Products purchased in your Contract amounts to £60.00 (sixty pounds) or more (thereby qualifying for free postage) and no Products are retained by you or the total price of the Products retained by you amounts to less than £60.00 (sixty pounds) you will become responsible for the initial cost of delivery of the Products from us to you. Such amount will be deducted when we refund the price you paid for the Products.
6.8 If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.9 We will pay any refunds due to you on the credit card or debit card or Paypal account used by you to pay.
6.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms.
7.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Process Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
7.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
7.3 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 7.4 only applies if you are a consumer.
7.4 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:
7.4.1 we have refused to deliver the Products;
7.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.4.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 7.4, 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.
7.6 If you do choose to cancel your order for late delivery under clause 7.4 or clause 7.5, 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.
8. International Delivery
8.1 If you order Products from our site for delivery outside of the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. Price of Products and Delivery Charges
9.1 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 9.5 for what happens if we discover an error in the price of Product(s) you ordered.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 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.
9.4 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.
9.5 Our site contains a large number of Products. 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 continuing to purchase the Product at the correct price or cancelling your order. 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.
10. How to Pay
10.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard or Delta/Connect.
10.2 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.
11. Our Liability If You Are a Consumer
This clause 11 only applies if you are a consumer.
11.1 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. 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.
11.2 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.
11.3 We do not in any way exclude or limit our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.3.4 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
11.3.5 defective products under the Consumer Protection Act 1987.
12. Our Liability If You Are a Business
This clause 12 only applies if you are a business customer.
12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
12.2 Nothing in these Terms limits or excludes our liability for:
12.2.1 death or personal injury caused by our negligence;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.2.4 defective products under the Consumer Protection Act 1987.
12.3 Subject to clause 12.2, 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:
12.3.1 any loss of profits, sales, business, or revenue;
12.3.2 loss or corruption of data, information or software;
12.3.3 loss of business opportunity;
12.3.4 loss of anticipated savings;
12.3.5 loss of goodwill; or
12.3.6 any indirect or consequential loss.
12.4 Subject to clause 12.2, 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 the price of the Products.
12.5 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.
13. Events Outside Our Control
13.1 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 any act or event beyond our reasonable control an Event Outside Our Control (“Event Outside Our Control”).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.2.1 we will contact you as soon as reasonably possible to notify you; and
13.2.2 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.
13.3 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.
14. Dispute Resolution
14.1 If a dispute arises out of or in connection with these Terms or any Contract or the performance, validity or enforceability of them (“Dispute”) then either party shall give to the other notice in writing of the Dispute, setting out its nature and full particulars together with relevant supporting documents (“Dispute Notice”).
14.2 We shall attempt in good faith to resolve the Dispute. If for any reason we are unable to resolve the Dispute within 14 days after service of the Dispute Notice we will refund the price you paid for the Products in accordance with clause 6 and the Contract will be deemed to have been terminated on the date the refund is made by us.
15. Communications Between Us
15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15.2 If you are a consumer you may contact us as described in clause 1.2.
15.3 If you are a business:
15.3.1 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.
15.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our trading address; 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.
15.3.3 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.
15.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Use of Our Site
16.1 We may update our site from time to time, and may change the content at any time. However, any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
16.2 Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
16.3 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
16.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
16.5 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
16.6 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
16.7 You may not use our site in any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
17. How We Use Your Personal Information
17.1 For the purpose of the Data Protection Act 1998 (“Act”), the data controller is Knobbles and Bobbles Limited.
17.2 We may collect and process:
17.2.1 information you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise; and
17.2.2 information we collect about you with regard to each of your visits to our site including technical information and information about your visit.
17.4 We use information held about you in the following ways:
17.4.1 Information you give to us. We will use this information:
184.108.40.206 to carry out our obligations arising from any Contracts and to provide you with the information and Products that you request from us;
220.127.116.11 to provide you with information about other Products we offer that are similar to those that you have already purchased or enquired about;
18.104.22.168 to notify you about changes to our service; and
22.214.171.124 to ensure that content from our site is presented in the most effective manner for you and for your computer.
17.4.2 Information we collect about you. We will use this information:
126.96.36.199 to administer our site and for internal operations;
188.8.131.52 to improve our site to ensure that content is presented in the most effective manner for you and for your computer; and
184.108.40.206 to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
17.5 We may share your information with selected third parties including:
17.5.1 business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you; and
17.5.2 analytics and search engine providers that assist us in the improvement and optimisation of our site.
17.6 We may disclose your personal information to third parties:
17.6.1 if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
17.6.2 if Knobbles and Bobbles Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
17.6.3 if we are under a duty to disclose or share your personal data to comply with any legal obligation or to enforce or apply these Terms.
17.8 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
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 clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses 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 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).