Our Terms & Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 9.2;
Goods: the goods that We are selling to you as set out in the Order;
Order: your order for the Goods [as set out overleaf];
Terms: the terms and conditions set out in this document; and
We/Our/Us: Isla & Wilbur (registered trading name of IW Products) of Lime Barn, West Crudwell, Malmesbury SN16 9EF.
Company Number: 09070412
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Goods to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, We will inform you of this in writing and We will not process the Order.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order at which point a contract will come into existence between you and Us.
2.5 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.6 Our website and flyers are solely for the promotion of Our Goods.
2.7 The images of the Goods on Our website OR in Our flyers 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 OR the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. Although We have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on Our website OR in Our flyers are deemed to be reasonably accurate.
3. Changes to order or terms
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in relevant laws and regulatory requirements
3.2 If We have to revise these Terms under clause 3.1, We will give you at least [one] month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.
3.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 10.
4. Delivery of goods
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please see delivery options for specific information.
4.2 All dates quoted for delivery are estimated delivery dates only and may be subject to change. We can accept no liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
4.3 Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 9 for Our responsibilities when this happens.
4.4 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.
4.5 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us and the Goods will be your responsibility from that time.
4.6 You own the Goods once We have received payment in full.
5. If the goods are faulty
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. Goodwill guarantee of goods
6.1 If you are unhappy with the Goods for any reason you may return them to Us at your own cost within 14 calendar days of receipt if you send Us the proof of purchase. We will refund you the price you paid for the Goods but postage will be at your own cost.
7. Price and payment
7.1 Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
7.2 These prices include VAT.
7.3 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods' correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on Our website, We will contact you to tell you and for your instructions. 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 Goods to you at the incorrect (lower) price.
7.4 Where We are providing Goods to you, you must make payment for Goods in advance by credit or debit card. Your credit or debit card will be charged at point of purchase as you are unable to purchase items that are not currently in stock and therefore despatch is immediate.
8. Our liability to you
8.1 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 the 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.
8.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
9. Events Outside Our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms 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 Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 10. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 11.
10. Your rights to cancel and applicable refund
10.1 Before the Goods are delivered, you have the following rights to cancel an Order for Goods including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) you may cancel any Order for Goods at any time before We despatch the Goods OR within 14 calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 10.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges;
(c) unfortunately, if you cancel an Order for Goods under clause 10.1(a)and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery.
(d) Goods which are made to order, embroidered or made to measure are non returnable.
11. Our rights to cancel and applicable refund
We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) we will promptly contact you to let you know;
(b) if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
12. Information about us and how to contact us
12.1 We are a company registered in England and Wales. Our company registration number is 09070412 and Our address is 2 Nevern Square, London SW5 9NN. Our registered VAT number is 189 9886 05.
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 0844 846 7070 or by e-mailing Us at email@example.com
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Isla & Wilbur at 2 Nevern Square, London SW5 9NN or firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
13. How we may use your personal information
13.1 We will use the personal information you provide to Us to:
(a) provide the Goods;
(b) process your payment for such Goods; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
13.2 We will not give your personal data to any other third party.
14. Other important terms
14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
14.2 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.
14.3 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. 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.