Please read the following important terms and conditions before you buy anything from us, check that they contain everything you want and nothing that you are not willing to agree to.
Consumer’s key rights:The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:up to 30 days: if your goods are faulty, you can get a refund;up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.The information in this summary box summarises some of your key rights. It is not intended to replace the terms and conditions below, which you should read carefully.
These terms and conditions set out:• your legal rights and responsibilities;• our legal rights and responsibilities; and• certain key information required by law.In these terms and conditions:• ‘we’, ‘us’ or ‘our’ means Nicola Wheeler of 137 St Johns Road, Mexborough, S64 8QJ t/a Inspired by Nicola;• ‘you’ or ‘your’ means the Consumer or Business buying goods from us;• “Acknowledgement Email” the email sent by us to you acknowledging your order has been received;• “Business” means an individual purchasing goods outside of their personal capacity and for the purposes of their trade, business, draft or profession, whether acting personally or through another person acting in the business’ name or on the business’ behalf;• “Cancellation Form” means the standard form used to cancel your order found at https://inspiredbynicola.co.uk/cancellation-form that needs to be completed in order to cancel your contract with us; • “Confirmation Email” means the email you will receive following us accepting your order;• “Consumer” means an individual acting for purpose mainly outside of their trade, business, draft or profession;• “Dispatch Email” means the email you will receive following your goods being dispatched • “Mediation Notice” confirmation in writing that a party wishes to initiate mediation, setting out the issue in dispute and identifying their proposed three mediators for consideration• “Returns Form” means the form found at https://inspiredbynicola.co.uk/return-form that needs to be completed in order to return your goods to us; and• “Your Contract” means the legally binding agreement reached between you and us in relation to the goods you wish to purchase from us.If you have any questions about these terms and conditions or any orders you have placed, please contact us by:• sending an email to [email protected]; or • calling on 01709432064 between the hours of 9am-5pm Monday-Friday
Who are we?We are Nicola Wheeler trading as Inspired by Nicola.Our place of business: 137 St Johns Road, Mexborough, S64 8QJPlease print out or save a copy of these terms and conditions for your records.
2 Information we give youWe will give you information on:the main characteristics of the goods you have indicated you want to buywho we are, where we are based and how you can contact usthe total price of the goodsall additional delivery charges (or where this cannot reasonably be worked out in advance, the fact that such additional charges may be payable)the arrangements for payment, delivery, performance, and the time by which we will deliver the goodshow to exercise your right to cancel the contract and the costs of doing sothe fact that we are under a legal duty to supply goods that are in conformity with the contract
2.1 The key information we give you by law forms part of these terms and conditions (as though it is set out in full here).2.2 If we have to change any key information once we have reached an agreement on Your Contract, we can only do this if you agree to it.
4 Ordering goods from us4.1 Below, we set out how a legally binding contract between you and us is formed if you were to order goods from us via our website or telephone.4.2 Ordering goods from us via our website4.2.1 You will submit your request for the goods you wish to purchase by ‘checking out’ the goods via our website.4.2.2 If you have any specific requests please include these in your order notes.4.2.3 You will be required to agree to these terms and conditions before your order is submitted to us.4.2.4 Your credit card or debit card will be charged when you submit your order.4.2.5 Once your order has been submitted to us we will send to you an Acknowledgement Email to confirm that we have received your order.4.2.6 An Acknowledgement Email does not legally bind us to you or mean your order has been accepted by us. We may contact you to say that we do not accept your order. This is typically for the following reasons:(a) the goods are unavailable;(b) we cannot authorise your payment;(c) you are not allowed to buy the goods from us;(d) we are not allowed to sell the goods to you;(e) you have ordered too many goods; or(f) there has been a mistake on the pricing or description of the goods
4.2.7 Once we have reviewed your order, and if we can supply the goods, we will send to you a Confirmation Email to confirm your order is being processed.4.2.8 When your goods are dispatched we will send to you a Dispatch Email which will provide the tracking information for your delivery.4.3 Ordering goods from us via telephone4.3.1 You will call us to place your via telephone, please inform us of any specific requests you may have at this time.4.3.2 Following this call we will send to you to an email attaching:(a) An order pro forma that sets out what was agreed with you on the telephone as well as the bank details to which payment needs to be raised; and(b) A copy of these terms and conditions.
4.3.3 Please review the order pro forma to confirm your order is correct and any specific requests have been noted.4.3.4 Once you have reviewed the order pro forma and our terms and conditions you will need to send to us payment requested on the order pro forma to the bank details stated on the order pro forma.4.3.5 By sending payment to us you are confirming that you have checked and agreed to the order pro forma and our terms and conditions.4.3.6 Please note that until payment has been received your order may not be processed.4.3.7 When we have received your payment we will send to you a Confirmation Email to confirm your payment has been received and your order is being processed.4.3.8 When your goods are dispatched we will send to you a Dispatch Email which will provide the tracking information for your delivery.4.4 We only accept your order when we have sent to you a Confirmation Email. At this point:4.4.1 a legally binding contract will be in place between you and us(“Your Contract”);4.4.2 we will dispatch the goods to you; and
5 Nature of the goods5.1 The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.5.2 We are under a legal duty to supply you with goods that are in conformity with Your Contract.5.3 All weights, sizes and measurements are estimations but are attempted to be as accurate as possible.5.4 The colours of our goods are displayed accurately on our website but the actual colours that you see on your device may vary depending on the device that you use.5.5 If the goods you purchase are not one of the previously made goods available on our website, we reserve the right to take pictures of the goods and distribute these photos for business promotion. We will ensure that any photos taken will not identify a person or disclose any personal information therein.5.6 Any goods sold at discount prices will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.5.7 If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:5.7.1 we will let you know if we intend to do this but this may not always be possible; and5.7.2 you can refuse to accept such substitutes, in which case we will offer you a refund and let you know how long such an offer remains open for.
7 Delivery7.1 We offer next business day delivery using Courier Logistics at a cost of £7.95 to England and Wales. Deliveries do not take place on weekends or bank holidays.7.2 We estimate that your goods will be delivered to you the next business day if your order is placed before 12pm. If your order is placed after 12pm then we estimate delivery could take up to two business days.7.3 Delivery will take place at the address specified by you when you placed your order with us.7.4 If you are based in the following areas the delivery charges and timescale estimates will vary as follows:7.4.1 Scottish Mainland £8.95 – 2-5 business days7.4.2 Scottish Highland £39.95 – 2-5 business days7.4.3 Scottish Offshore £39.95 – 2-5 business days7.4.4 Northern Ireland £34.95 – 2-5 business days7.4.5 Isle of Man £39.95 – 2-5 business days7.4.6 Isle of Wight £24.95 – 2-5 business days7.4.7 Channel Islands £39.95 2-5 business days7.5 We do not deliver internationally or to a PO Box.7.6 You will be required to sign for the goods and they cannot be left in a safe place. If you wish for your parcel to be taken in by a neighbour then this must be arranged with us in advance. 7.7 If you anticipate nobody will be available to take delivery then please contact us at your earliest convenience to make alternative arrangements.7.8 If you are unable to accept the goods then you will need to call Courier Logistics using the number on the call card within 7 days to rearrange delivery. If Courier Logistics do not receive a call within 7 days then the goods will be returned to us and a refund will be issued to you using the same method of payment used in your purchase and a deduction will be made for your delivery charge, return delivery and a 5% restocking fee.7.9 If your goods are damaged upon delivery you must notify us of this within 48 hours of the goods being delivered.7.10 You are able to refuse delivery if the goods are damaged when they arrive but you must report the issue to us within 24 hours of the attempted delivery.7.11 You are responsible for the goods once they have been delivered to the address specified when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.
8 Delivery for Consumers (Additional Rights)8.1 We will make every effort to ensure the goods are delivered within the estimated timescale set out above but if something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.8.2 If the revised estimate date for delivery is significantly different to the original delivery date then you will have the option to cancel the order using our Cancellation Form found here [insert web address] and a full refund will be provided.8.3 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email, we will:8.3.1 let you know;8.3.2 cancel your order; and8.3.3 give you a refund.8.4 We cannot be held liable for any loss suffered due to delays in delivery outside of our control.
9 Delivery for Businesses (Additional Rights)9.1 We shall not be liable for any delay in or failure of delivery caused by:9.1.1 Your failure to accept delivery of the goods9.1.2 Your failure to provide us with adequate instructions for delivery9.1.3 Delays outside of our control/force majeure
10 Cancelling your Contract before receiving your goods10.1 If your goods are not bespoke then you are able to cancel your Contract up to the point of us sending to you a Dispatch Email.10.2 We will reimburse to you all payments made for the goods including delivery costs.10.3 In order to cancel your Contract you must complete the Cancellation Form, found here https://inspiredbynicola.co.uk/cancellation-form10.4 We will make the reimbursement without undue delay and not later than 14 days from the day we receive your completed Cancellation Form.10.5 If a Dispatch Email has been sent to you, you cannot cancel your Contract. You will instead have to await delivery of the goods and return them to us. For further information on how to return goods to us, please refer to section 11 of these terms and conditions.
11 Returning goods for Consumer11.1 You have the right to return your goods for up to 14 days from the day you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods.11.2 If your goods are bespoke then you do not have a right to return your goods to us unless they are damaged, faulty or differ from the specification that was agreed with you.11.3 To return the goods, you must inform us of your decision to cancel your order by completing our Returns Form found here https://inspiredbynicola.co.uk/return-form/11.4 To meet the returns deadline, it is sufficient for you to send your Returns Form before the returns period has expired.11.5 We will contact you within 14 days from the day on which we receive your Returns Form to arrange Courier Logistics to collect the goods from you, from which you will bear the cost.11.6 We will reimburse to you all payments received from you excluding delivery costs and the cost of returning the goods to us.11.7 We will make the reimbursement without undue delay and not later than 14 days from the day we receive back from you any goods supplied.11.8 The reimbursement will be issued to you using the same method of payment used in your purchase and a deduction will be made for your delivery charge.11.9 Please ensure that any goods returned to us are:11.9.1 In the same condition you received them;11.9.2 In their original packaging; and11.9.3 Secured using the cable ties provided. For more information on how to do this please contact us. 11.10 You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
12 Faulty goods for Consumers12.1 If your goods are faulty then please refer back to the summary of some of your key legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) at the top of these terms and conditions. 12.2 Please contact us to explain the fault with your goods. 12.3 If your goods are found to be faulty we will arrange for Courier Logistics to collect the goods from you. 12.4 We will attempt to repair the goods in the first instance, however, if we are unable to repair the goods then you will be offered a substitute or if one isn’t available, a full reimbursement will be provided.12.5 The reimbursement will be issued to you using the same method of payment used in your purchase.12.6 Nothing in these terms and conditions affect your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.12.7 For more detailed information on your rights and what you should expect from us, please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
13 Faulty goods for Businesses13.1 You must within 3 business days after delivery check the goods for any faults, after this point you accept that the goods are free from defects and comply with your Contract. 13.2 If upon inspection you discover your goods are faulty then you must notify us as soon as practicable, and in any event within 2 business days, time being of the essence. 13.3 If a fault develops with your goods within 6 months of the date of delivery you must notify us of the fault as soon as practicable after you have become aware of the same and in any event within 2 business days of your knowledge, time being of the essence. 13.4 When you notify us of a fault you must provide to us, the nature and extent of the fault and details of how the goods have been used by you prior to the fault arising.13.5 Upon being notified of a fault with the goods we will arrange for Courier Logistics to collect the goods from you for inspection. You agree to endeavour to make the goods available for collection upon reasonable notice and in any event within 7 days of our request. 13.6 We will carry out an inspection of the goods during a reasonable period to establish if it is accepted a fault has arisen, which decision is at our sole discretion and our decision shall be final. 13.7 If after our inspection of the goods we deem there to be a fault at our sole discretion, we will attempt to repair the goods, offer you a substitute or issue a full reimbursement (subject to a reasonable deduction for any use of the goods by you.13.8 If a reimbursement for the good pursuant to clause 13.6 is to be issued this will be issued to you using the same method of payment used at the time of purchase.
14 If we determine there to be no fault with the goods following our inspection in accordance with this clause 13 we will contact you to provide an explanation for our decision and you must bear the costs of returning the goods to you.
15 End of Your ContractIf Your Contract with us ends it will not affect our right to receive any money which you owe to us under that contract.
16 Limitation on our liability to Consumers16.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:16.1.1 losses that were not foreseeable to you and us when the contract was formed;16.1.2 losses that were not caused by any breach on our part; or16.1.3 losses over £10,000 or the cost of goods and services, whichever is the higher amount.
17 Limitation on our liability to Businesses17.1 Subject to the below, our liability to Businesses is the higher of £10,000 under or in connection with these terms and conditions forming part of Your Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) or the total price paid for the goods.17.2 We will not be liable to Businesses under or in connection with these terms and conditions forming part of Your Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:17.2.1 consequential, indirect or special losses; or17.2.2 any of the following (whether direct or indirect):(a) loss of profit;(b) loss of opportunity;(c) loss of savings, discount or rebate (whether actual or anticipated); or(d) harm to reputation or loss of goodwill.
17.3 Nothing in these terms and conditions will limit or exclude our liability for:17.3.1 death or personal injury caused by negligence;17.3.2 fraud or fraudulent misrepresentation; or17.3.3 any other losses which cannot be excluded or limited by law.
18 Usage18.1 All goods are sold on the basis that they are used for ornamental and decorative purposes only. They are not fit for human consumption. Some of the products may contain choking hazards that may not be suitable for children. Some of the products contain natural products.18.2 Some of our goods may contain items from other manufacturers or retailers.18.3 Our products may discolour or alter from their form when sold if exposed to any of the following:18.3.1 High volumes of direct sunlight;18.3.2 Water or damp;18.3.3 Hot and/or humid environments; or18.3.4 Exposure to harmful chemicals.18.4 Please refer to the care instructions provided with your goods for more specific information relating to your goods.
19 Third party rights19.1 No one other than a party to this contract has any right to enforce any term of this contract.
20 Disputes and ADR20.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered or any other matter please contact us as soon as possible using the contact details set out at the top of these terms and conditions.20.2 Our Complaint Handling Policy can be accessed here https://inspiredbynicola.co.uk/complaints-form20.3 If a complaint cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, then both parties are under an obligation to attempt Alternative Dispute Resolution to resolve the matter before proceedings are issues. 20.4 If any dispute arises in connection with the contract between use or these terms and conditions, the parties agree to enter into mediation to attempt to settle such a dispute in accordance with the CEDR Model Mediation Procedure. 20.5 To initiate the mediation a party will send a Mediation Notice to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR. Unless the identity of a mediator can be agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR.20.6 Unless otherwise agreed, the mediation will start not later than 28 days after the date of the Mediation Notice. 20.7 In the interest of furthering the overriding objective and minimising time and costs to the parties they agree that they will not commence court proceedings/arbitration until mediation place in accordance with this clause 19.4.
21 Severance21.1 If any provision (or part of any provision) of these terms and conditions forming part of Your Contract are or become illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the terms and conditions shall not be affected.21.2 If any provision (or part of any provision) of these terms and conditions forming part of Your Contract are or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with the minimum such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.
22 Entire agreement22.1 The parties agree that these terms and conditions forming part of Your Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.22.2 Each party acknowledges that it has not agreed to these terms and conditions and Your Contract in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly in these terms and conditions or Your Contract. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in Your Contract or these terms and conditions.22.3 Nothing in these terms and conditions purports to limit or exclude any liability for fraud.
23 Governing law23.1 Your Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
24 Jurisdiction24.1 The parties 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, Your Contract, its subject matter or formation (including non-contractual disputes or claims).