Terms and Conditions of Sale

Terms of Sale

(1) Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

(2) Interpretation

In these terms of sale, “we” means Craftspeed ltd. and “us” and “our” will be construed accordingly; and “you” means our customer or potential customer for products and “your” will be construed accordingly.

(3) Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;

(ii) if you are a new customer, you must then create an account with us and log in; if you are an existing or trade account customer, you must enter your login details;

(iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;

(iv) you will be transferred to the payment system, where your payment will be processed by the relevant provider.

(v) we will then send you an initial acknowledgement; and

(vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.  Normally the final order confirmation will be in the form of an email when the order status changes to ‘completed’.  Receipt of the goods either by courier, postal service or hand delivery constitutes confirmation and completion of the order and it’s associated contract of purchase.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the cart contents “View Basket”. You may correct those input errors before placing your order by deleting or updating quantities of your selected products.

Products are sold both via the habbdays.co.uk website but also on our premises and at exhibitions, shows and other events. As a result we need to manually update stock levels. From time to time, products which have been sold ‘offline’ may result in stock levels which are incorrect until the system has been updated. In the event of a product being out of stock in the warehouse, we will endeavour to replenish stock as soon as possible and update our system accordingly. Where possible, we do this within the standard terms of delivery as set out in section 7. If we cannot source the products within the time period set out in section 7, we will either notify the customer of an expected delivery date or provide a full refund for that product.

If you wish to place an order such that you require “all or nothing” (i.e. if we cannot supply all products ordered then you would not wish to order at all), or that the supply of specific items requires, and is dependent on,  the supply of other items in your order you must notify us at checkout in the Comments field of the form, or contact us prior to ordering to discuss.

Orders placed after the end of the working day on Fridays may not start to be processed until the Monday morning. Please check for the relevant times on our ‘find us’ page

(4) The products

Products offered for sale include, but are not limited to, haberdashery, materials, tools, fabric and other products related to sewing, quilting, needlecraft, papercraft and other forms of creative or crafting pastimes or professions.

 

(5) Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable),

Payment for all products must be made by paypal, cheque or bank transfer.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

Where applicable, discounts may be offered via the use of a ‘coupon code’ applied during the checkout process.

For the ‘welcome’ discount for new subscribers (identified by an ‘XR’ prefix), these are single use codes with a time limit.  We limit the use of these codes to one per household and multiple signups using different email addresses to receive multiple successive discounts will result in orders being refunded until paid for at the full amount.  In extreme cases, we may block user accounts from making subsequent orders. For more information on the ‘welcome’ or ‘thank you’ discount coupons, please read the more specific ‘terms and conditions of usage’

(5.1) Gift Cards, Vouchers and coupons

For brevity, Gift-cards or Vouchers will be referred to as ‘Vouchers’

Vouchers are valid for a year from purchase. The gift voucher expiration date will be stated on them and can not be used after that date.

Vouchers cannot be replaced if lost, stolen or destroyed.

Vouchers cannot be refunded or exchanged for cash or other denominated vouchers.

If an intended purchase is for a higher amount than the face value of the voucher(s), the difference can be made up with a credit card or cash payment. If it is less, then change will not be given nor will the Voucher retain any value.

Vouchers cannot be used in conjunction with any special promotions, discount tokens, coupons or cards.

Vouchers cannot be sold to any third parties without our consent. If we do give our consent then such consent may be subject to any conditions which we impose. In any event you may not sell the Vouchers through the internet without our express written consent, which you must obtain before making any such sale. We reserve the right at all times to refuse to permit any sale of Vouchers by you to a third party.

Unless otherwise stated, discount coupons are not valid for sale items or items shown as being available on back-order.

We reserve the right to cancel orders misusing gift cards, vouchers and coupons.

(6) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete;

(c) you will be able to accept delivery of the products;

(7) Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 5 working days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days of receipt of payment and the date of our order confirmation. Where exceptional circumstances arise, and we find ourselves unable to dispatch the products within these times, we will communicate directly with you to discuss.  Orders received after 1200 (noon) on a working day will be considered to have been made on the following working day for the purposes of delivery policy.

Where a product is on ‘back order’, customers will be notified and these orders will be handled on a case-by-case basis.

Where possible, we post products by Royal Mail using the First Class Signed-For service.  This ensures First Class delivery times at the point of dispatch, not from the point of placing the order. For products that are not suitable for Royal Mail First Class service, we will use a suitable courier service for the product.

Free postage is offered on orders amounting to more than £40. These orders are posted via Royal Mail using the Second Class Signed-For service where possible.

Customers living in the local area (PE19 postcodes) are offered the option of hand delivery. For orders over £10, hand delivery is free of charge. For orders under £10  there is a small charge. The charges will be visible in the checkout where you have the option of choosing delivery method.

We reserve the right to dispatch partial orders and send out remaining parts of an order at a later date when the product is back in stock. Habbydays will cover the cost of postage and packaging when this occurs.

If you would like your order to be expedited or have any special requests for your order, please notify us via email at info@habbydays.co.uk or contact form quoting your order number, or in the ‘notes’ field of your order prior to checkout.  If we feel we are unable to accommodate such requests, we reserve the right to cancel the order, providing a complete refund.

We can ship orders to customers outside the UK, but order queries must be sent via email.  After the query is received, an invoice will be raised which must be paid prior to processing.  For more information on our international shipping charges, please visit our shipping information page. N.B We will not be liable for local customs charges, taxes or duty

(8) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

(9) “Cooling off” period

You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

You will not have any such right insofar as a contract relates to: (i) the supply of goods made to your specifications or clearly personalised; or (ii) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.

If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

Habbydays considers fabric which is cut to a length specified by the customer to fall under point (i) where the goods are made to your specifications, therefore cut fabrics are exempt from the cooling off period.  On the occasion that the dimensions specified may be of a size and/or shape that Habbydays believes it could be returned to stock, a cancellation or refund may be offered at our discretion.

(10) Statutory rights

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

(11) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12) Limitations and exclusions of liability

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.18

The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(13) General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law,20 and the courts of England and Wales will have [non-]exclusive21 jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(14)Trade Account Customers

We provide a ‘trade account’ service to businesses and traders who intend to purchase products in larger quantities and/or on a more frequent basis than members of the public or retail customers.

The terms of this trade account are as follows:

  1. A trade account application shall be made in writing, either via email or post.
  2. To fully process a trade account application, we require:
    1. Trading name, trading address, email and phone number(s), primary contact details and, where applicable company information such as if the application is on behalf of a limited company, PLC, LLP or partnership.
    2. Two supplier references from existing suppliers.
    3. Where supplier references are not possible, a trade account can be opened on a “pay-as-you-go” basis. Habbydays may offer a credit account to customers who have operated on this basis for some time and have established a relationship with Habbydays
    4. An initial order of not less than £100 excluding postage and packaging.
  3. Product availability : Habbydays is not required to make all products available to trade customers, e.g. licensing restrictions on some fabrics where it cannot be used for commercial purposes or dressmaking patterns where the designer has specified that the finished garments cannot be sold on.
  4. Pricing :
    1. Trade account customers will be offered a discount off the standard price shown on the Habbydays website or on the marked prices of items in the showroom. This discount will be decided on a customer to customer basis and agreed by both parties on acceptance of these terms and conditions when the trade account is opened.
    2. Trade account discounts will not apply to sale prices. When a trade customer wishes to purchase an item offered at a sale price, the trade discount will be applied to the original price or offered at the sale price without any additional discount, whichever is lower.
    3. Trade account customers cannot use any discounts or coupon codes in addition to their trade discount.
  5. Payment
    1. Trade account customers on a “pay-as-you-go” account will be required to pay in full at the point of order. Orders will not be prepared e.g. fabric will not be cut, until payment has been received.
    2. Trade Account customers who have a credit account promise that all orders will be paid to Habbydays by the end of the month following the month in which the invoice or order confirmation is dated. e.g. all orders placed throughout March will require payment in full by the end of April.
      1. Any orders that are not paid in full in accordance with these terms will result in all outstanding orders being withheld and no new orders processed until outstanding payments are made, and all subsequent orders will require to be paid in full at the point of order as with a probationary account.
      2. If Habbydays is required to employ legal services to recover payment for any outstanding debts, the trade account customer agrees that the cost of these services plus any administrative fees that Habbydays may incur will be added to the debt.
  6. Account Maintenance
    1. Habbydays reserves the right to close any inactive trade accounts where an order has not been placed during a period of 3 months.
    2. Trade account customers will be notified in advance of any intended changes to their account which includes, but is not limited to : closure of the account, changes to these terms and conditions, changes to our trading or banking information.

(15) Marketing Content

Our marketing content may make claims with regards to a number of offerings including but not limited to pricing and delivery.

Where it is stated “best prices guaranteed”, this applies to identical products offered within the PE19 postcode area, with the exception of when offered for sale by auction.

Where it is stated “Free Delivery within the PE19 postcode”, this applies to orders made online which exceed £10 in value where the delivery address has a PE19 postcode.  Orders of less than £10 from customers with a delivery address which has a PE19 postcode may be subject to a small fee, currently £2 but subject to change (values correct April 2017).

(16) About us

Our full name is Craftspeed ltd, trading as Habbydays.

Our registered office is Potton House, Wyboston Lakes, Great North Road, Wyboston, Bedford, MK44 3BZ and our principal trading address is 7 Steel Close, St Neots, PE198TT.

Our company registration number is 06752156.

Our email address is info@habbydays.co.uk