Terms and Conditions

 

Our terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. Information about us and how to contact us
    • Who we are. We are Eliza Mac Fabrics Limited a company registered in England and Wales. Our company registration number is 12608339 and our registered office is at 16 Parc Gwelfor, Dyserth, Denbighshire, LL18 6LN (referred to herein as ‘we, ‘us’, ‘our’).
    • How to contact us. You can contact us by writing to us at ElizaMacfabrics@gmail.com.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  3. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product and in the event money has already been paid, we will refund you this money within 5 working days. Reasons why we might be unable to accept your order include; because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  4. Our products
    • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
    • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
    • When using our ‘print your own service’, you are responsible for ensuring that any specification for the products, including but not limited to artwork, design, or as otherwise agreed is accurate (Specification).
  5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

  1. Our rights to make changes
    • Minor changes to the products. We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements. These changes will not affect your use of the product..
  1. Intellectual Property Rights
    • In relation to our ‘print your own service’, to the extent that the products are to be manufactured in accordance with any artwork, design or specification supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the our use of said artwork, design or specification. This clause 7 shall survive termination of the contract.
  2. Providing the products
    • Delivery costs. The costs of delivery will be as displayed to you on our website as you place the order.
    • When we will provide the products. During the order process we will let you know when we will provide the products to you:
    • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (for the avoidance of doubt a health pandemic would be considered an event outside our control) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • Your legal rights if we deliver goods late. It is your responsibility to notify us of any essential deadline you require us to meet for delivery of the goods. You will need to communicate any essential deadline to us using our contact details given as part of the pre-contract information. You must communicate this to us prior to placing an order through our website. For the avoidance of doubt, we may at our absolute discretion choose to reject the order where we are unable to meet said essential deadline. If we agree to meet your essential deadline then there may be an additional charge to account for the delivery. We will inform you of said charge prior to you placing an order. You have legal rights if we deliver any goods late. If we miss the essential delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
      • we have refused to deliver the goods;
      • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      • you told us before we accepted your order that delivery within the delivery deadline was essential.
    • Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 4, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. .
    • When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
    • When you own goods. You own a product which is goods once we have received payment in full.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address and measurements required. If so, this will have been stated in the description of the products on our website. This will be requested at the time you place an order. If you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  3. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      • In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the product or these terms which you do not agree to ;
      • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      • there is a risk that supply of the products may be significantly delayed because of events outside our control;
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    • When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
      • any products which become mixed inseparably with other items after their delivery.
      • Any goods that are made to the consumer's specifications or are clearly personalised.
      • Where the sum being paid for the products is less than £42.
    • How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days, in which case you have 14 days after the day you (or someone you nominate receives the last delivery to change your mind about the goods.
    • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  4. How to end the contract with us (including if you have changed your mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by, emailing us at us at ElizaMacfabrics@gmail.com or writing to us at 16 Parc Gwelfor, Dyserth, Denbighshire, LL18 6LN.  Please provide your name, home address, details of the order and, where available, your phone number and email address.
    • Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at 16 Parc Gwelfor, Dyserth, Denbighshire, LL18 6LN. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    • When we will pay the costs of return. We will pay the costs of return:
      • if the products are faulty or misdescribed;
      • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.   

  • How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
    • We may reduce or refuse your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods (which for the avoidance of doubt could be as a result of an alteration in the aesthetics of the goods being returned), if this has been caused by your handling of the goods including but not limited to going against the recommended handling of the product, including not doing the following:
  • Keeping the goods away from any lit flame including but not limited to cigarettes;
  • Follow any specific instructions provided for washing the goods;
  • Keep the goods away from direct sunlight;

.    If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

  • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  • Returned items are your responsibility until they reach us, so you will need to make sure they're packed up properly and can't get damaged on the way.
  • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
  1. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, providing your address or clarifying certain points in relation to your order (for example questions in relation to measurements);;

 

  • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  1. If there is a problem with the product
    • How to tell us about problems. If you have any questions or complaints about the product, please contact us using the information set out in clause 9.1.
    • Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example, 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 your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. 

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  
  • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us at our Company registered address.
  1. Price and payment
    • Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. We accept payment by Paypal. You must pay for the products before we dispatch them.
  2. Our responsibility for loss or damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • Exclusion of Liability: This site relies in part on software to work. Whilst we will monitor the site, we cannot guarantee that the site or any individual feature of the site will be error free, available all the time and/or free from viruses.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2; and for defective products under the Consumer Protection Act 1987
    • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. How we may use your personal information
    • How we may use your personal information. We will only use your personal information as set out on our website..
  4. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
  • Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract. PLEASE REFER TO CLAUSE 8 TO SEE WHETHER YOU HAVE A RIGHT TO CANCEL))

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

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

© Crown copyright 2013.