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All Things Original Terms and Conditions
This page (together with the documents referred to in it) tells you the terms and conditions (Terms) on which All Things Original supplies any of the products (Products) listed on our website www.allthingsoriginal.com (the Website) to you. Please read these Terms carefully before ordering any Products from the Website. You acknowledge that by ordering any of our Products, you agree to be bound by these Terms.
Please print and retain a copy of these Terms for future reference.
Please click on the button marked "I Accept" at the end of the Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products via the Website.
1. INFORMATION ABOUT ALL THINGS ORIGINAL The Website is operated by All Things Original Limited (All Things Original). All Things Original is registered in England and Wales under company number 06236410 with its registered office at 2 Harestone Valley Road, Caterham, Surrey, CR3 6HB.
2. WEBSITE AVAILABILITY 2.1 [All Things Original may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension. 2.2 All Things Original reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice. 2.3 In the event that All Things Original, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, All Things Original reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
3. YOUR STATUS By placing an order to purchase Products (Order) through the Website, you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old; and (c) You are resident in the United Kingdom.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE PARTNER 4.1 After placing an Order, you will receive an e-mail from All Things Original acknowledging that All Things Original have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to All Things Original to buy a Product from the third party that offers the Product for sale via the Website (the Partner). All orders are subject to acceptance by the Partner, and the Partner will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between the Partner and you (Contract) will only be formed when the relevant Partner sends you the Dispatch Confirmation. 4.2 Each Contract relates only to those Products whose dispatch the Partner has confirmed in the Dispatch Confirmation. The Partner shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation. 4.3 For the avoidance of doubt, your contract with All Things Original relates only to your use of the Website and the Services available therein.
5. ALL THINGS ORIGINAL’S STATUS 5.1 All Things Original may provide links on the Website to the websites of other companies, whether affiliated with All Things Original or not. All Things Original cannot give any undertaking that products you purchase from any third party sellers will be of satisfactory quality, and any such warranties are disclaimed by All Things Original absolutely. This disclaimer does not affect your statutory rights against any third party seller. 5.2 All Things Original is not the vendor of the Products, rather it provides services to you and the relevant Partners to allow you and Partners to contract online for the supply of Products. 5.3 If you have any issues with a Product or an Order that has been sent out to you, please raise these directly with the relevant Partner.
6. CONSUMER RIGHTS 6.1 If you are contracting as a consumer, you may be able to cancel a Contract at any time within seven working days, beginning on the day after you received the relevant Product. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy [(set out in paragraph 10 below)]. 6.2 To cancel a Contract, you must inform the relevant Partner in writing and return the Product(s) to that Partner immediately, in the same condition in which you received them, and at your own cost and risk. 6.3 You will not have any right to cancel a Contract for the supply of any Products which by reason of their nature cannot be returned, for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers; any personalised items that are specially made, or ordered, with your choice of name, fabric, message or other bespoke aspect; any perishable products, including food and flowers; any personal products such as underwear or jewellery (especially earrings); any large items of furniture which are often specially made when ordered; any homeware that is made up in your own choice of fabric or material, such as lampshades, throws, cushions or other items and any piece of art, sculpture, ceramics or other creation that are often produced to meet a particular order. 6.4 The provisions of this paragraph 6 do not affect your statutory rights.
7. AVAILABILITY AND DELIVERY 7.1 Your Order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. 7.2 Fulfilment of Orders will be carried out by third party suppliers or distributors and as such All Things Original may not be able to control precisely how and when orders are sent out.
8. RISK 8.1 The Products will be at your risk from the time of delivery.
9. PRICE AND PAYMENT 9.1 The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error. 9.2 These prices include VAT and basic delivery costs. Any other delivery costs will be added to the total amount due as set out in the delivery options offered by the relevant Partner. 9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which you have already been sent a Dispatch Confirmation. 9.4 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. All Things Original will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, All Things Original will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on the Website, the relevant Partner will normally, at its discretion, either contact you for instructions before dispatching the Product, or reject your Order and notify you of such rejection. 9.5 Neither All Things Original nor the relevant Partner is under any obligation to provide the Product to you at the incorrect (lower) price, even after a Dispatch Confirmation has been sent to you, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10. ALL THINGS ORIGINAL’S REFUNDS POLICY 10.1 All requests for refunds must be directed to the All Things Original as the relevant Partner’s agent in this regard, but may be handled by the relevant Partner. 10.2 When you return a Product to the Partner (for instance, because you have cancelled the Contract, or have notified All Things Original in accordance with paragraph 14 that you do not agree to any change in the Terms or in any of All Things Original’s policies, or because you claim that the Product is defective), All Things Original or the relevant Partner will examine the returned Product and will notify you of any refund via e-mail within a reasonable period of time. All Things Original will usually refund any money received from you using the same method originally used by you to pay for your purchase. All Things Original will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day that it confirmed to you via e-mail that you were entitled to a refund for delivery of the Product. 10.3 Products returned by you because of a defect will be refunded in full, including a refund of any standard delivery charges for sending the item to you and the cost incurred by you in returning the item to the Partner. 10.4 Products returned by you within the seven-day cooling-off period (referred to in paragraph 6.1 above) will be refunded in full, including the cost of sending the item to you. Neither All Things Original nor the Partner will be responsible for the cost of returning the item to the Partner.
11. ALL THINGS ORIGINAL’S LIABILITY 11.1 Except as otherwise set out below, All Things Original’s liability in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product. 11.2 Paragraph 11.1 above does not exclude or limit in any way All Things Original’s liability: (a) For death or personal injury caused by All Things Original’s negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for All Things Original to exclude, or attempt to exclude, All Things Original’s liability. 11.3 All Things Original accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 11.4 The information provided on the Website by All Things Original, is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. 11.5 Where the Website includes views, opinions, advice and recommendations made by third parties, these views, opinions, advice and recommendations are not endorsed by All Things Original and, to the maximum extent permitted by law, All Things Original shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations. 11.6 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. 11.7 To the maximum extent permitted by law, All Things Original expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
13. INTELLECTUAL PROPERTY RIGHTS 13.1 Other than in relation to links to third party websites, All Things Original owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the user. All rights in and to the Website not expressly granted hereunder are reserved by All Things Original. 13.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content of the Website. 13.3 You are expressly prohibited from: (a) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and (b) removing, modifying, altering or using any registered or unregistered marks/logos owned by All Things Original, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of The Administrator or could be considered an infringement any of the intellectual property rights owned and/or licensed to All Things Original, without first obtaining the written permission of All Things Original.
14. WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications All Things Original send to you should be in writing. When using the Website, you accept that communication with All Things Original will be mainly electronic. All Things Original will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that All Things Original provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. NOTICES All notices given by you to All Things Original must be given to All Things Original at firstname.lastname@example.org. All Things Original may give notice to you at either the e-mail or postal address you provide to All Things Original when placing an order, or in any of the ways specified in paragraph 15. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
16. TRANSFER OF RIGHTS AND OBLIGATIONS 16.1 The contract between you and All Things Original is binding on you and All Things Original and on our respective successors and assigns. 16.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without All Things Original’s prior written consent. 16.3 All Things Original may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the contract.
17. EVENTS OUTSIDE OUR CONTROL 17.1 All Things Original 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 events outside our reasonable control (Force Majeure Event). 17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government. (g) The failure of suppliers of All Things Original to comply with the terms of supply agreements entered into with All Things Original. 17.3 All Things Original’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and All Things Original will have an extension of time for performance for the duration of that period. All Things Original will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
18. WAIVER 18.1 If All Things Original fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of the Terms, or if All Things Original fail to exercise any of the rights or remedies to which All Things Original are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 18.2 A waiver by All Things Original of any default shall not constitute a waiver of any subsequent default. 18.3 No waiver by All Things Original of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
19. SEVERABILITY If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT 20.1 These Terms and any document expressly referred to in them represent the entire agreement between All Things Original and you in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 20.2 You and All Things Original each acknowledge that, in entering into a contract, neither of parties has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in the Terms. 20.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in the Terms.
21. OUR RIGHT TO VARY THE TERMS 21.1 All Things Original has the right to revise and amend the Terms from time to time. 21.2 You will be subject to the policies and terms and conditions in force at the time that you Order Products from the Website, unless any change to those policies or the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if All Things Original notify you of the change to those policies or the Terms before the Partner sends you the Dispatch Confirmation (in which case All Things Original have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION Contracts for the provision of services through the Website and will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.