SEW OVER IT WEBSITE TERMS AND CONDITIONS
(CONSUMER AND BUSINESS CUSTOMERS)
Please read the following important terms and conditions before you buy anything on our site.
These Terms will apply to any contract between us for the sale of Products to you or the booking of a Workshop (Contract). Please read these Terms carefully before ordering any Products or booking any Workshop from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from, or book any Workshop on, our site.
If you do not understand any of these Terms and want to talk to us about them, please contact us by email at [email protected].
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order, please read these Terms carefully and contact us if you have any questions about them. These Terms were most recently updated on 8th February 2017 when we introduced them in their current form.
These Terms, and any Contract between us, are only in the English language.
Information about us
1.1 We operate the website www.sewoverit.com. We are Sew Over It. Sew Over It Limited is a company registered in England and Wales under company number 07460111 and with its registered office at 319 Essex Road, N1 2BD. That is also our main trading address. Our VAT number is GB129 1538 13 and we provide Workshops and Products. When we refer to “us” in these conditions we mean Sew Over It Limited in relation to the sale of Workshops and Products.
1.2 Contacting us if you are a consumer:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9 (to cancel the purchase of one of our Products) or clause 10 (to cancel a Workshop), you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected]. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you send the e-mail to us.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at [email protected]
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
1.3 Contacting us if you are a business: You may contact us by email at [email protected] If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
2.1 The images of the Products on our site 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 accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site or book Workshops if you are at least 18 years old.
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation) or that a Workshop has been booked (Workshop Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation or the Workshop Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible.
Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us or book a Workshop with us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
8.3.1 changes in relevant laws and regulatory requirements; and
8.3.2 other circumstances.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Your consumer right of return and refund
This clause 9 only applies if you are a consumer. It applies when you want to cancel a Contract for Products and services we provide, but it does not apply if you want to cancel a Workshop. If you want to cancel a Workshop, clause 10 will apply instead.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
||End of the cancellation period
|Your Contract is for a single Product (which is not delivered in instalments on separate days).
||The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
– one Product which is delivered in instalments on separate days.
– multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
|Your Contract is for the regular delivery of a Product over a set period.
||The end date is 14 days after the day on which you receive the first delivery of the Products. Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected]. If you use this method we will e-mail you to confirm we have received your cancellation. When you email us you can use the Model Cancellation Form set out in the box below, but it is not obligatory to do so:
To Sew Over It Limited, 319 Essex Road, London, N1 2BD (email: [email protected]):
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/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),
[*] Delete as appropriate
9.5 If you cancel your Contract we will:
9.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. Cut fabric, trims and ribbons will not be refunded (unless faulty or the description was was incorrect) as once they are cut we cannot resell it.
9.5.2 refund any delivery costs you have paid for sending back faulty Products, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). 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. We will not refund delivery costs for Products sent back which are not faulty.
9.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
126.96.36.199 if you have received the Product and we have not offered to collect it from you: 14 days after 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 9.8;
188.8.131.52 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the items to us.
9.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.8 If a Product has been delivered to you before you decide to cancel your Contract:
9.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or return it to us in-store;
9.8.2 unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
9.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Cancelling a workshop
10.2 In exceptional circumstances we may have to cancel a Workshop. If that happens we will give you as much notice as possible and will try to accommodate you on a different date, or refund your fee paid, whichever you prefer. We do not accept liability for travel or other costs.
11.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
11.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
11.3 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 11.5 only applies if you are a consumer.
11.4 If we miss the 30 days delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
11.4.1 we have refused to deliver the Products;
11.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
11.4.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
11.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
11.6 If you do choose to cancel your Order for late delivery under clause 11.4 or clause 11.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
12.1 Gift vouchers can be purchased online and are valid for ten years. We will email your voucher to you when we receive it (within normal business hours) or your specified recipient or you can print it yourself. Gift vouchers are redeemable for workshops, online shop and in our physical shops only and cannot be redeemed for cash. Your statutory rights of cancellation are as set out in clause 9 above.
13.1 If you order Products from our site for delivery outside the UK your order may be subject to import duties and taxes when the delivery reaches its destination. We have no control over those charges and cannot predict their amount. You will be responsible for paying them.
13.2 You must comply with all applicable laws and regulations of the country to which the Products are destined.
Price of products and delivery charges
14.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered on to the system. However please see clause 14.5for what happens if we discover an error in the price of a Product you ordered.
14.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
14.3 The price of a Product includes VAT (where applicable) at the applicable rate chargeable in the UK at the time. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
14.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
14.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
14.5.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, 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 Products to you at the incorrect (lower) price; and
14.5.2 if the Product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
How to pay
15.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Mastercard, Visa, UCB and Maestro. The exception to this is vouchers which can be used online, using the voucher code supplied.
15.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
16.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Product.
16.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Our liability if you are a business
This clause 17 only applies if you are a business customer.
17.1 We only supply the Products for internal use by your business or for resale in the form in which we have supplied them to you and you agree not to sell them in any other packaging or use them to manufacture anything for sale.
17.2 Nothing in these Terms limits or excludes our liability for:
17.2.1 death or personal injury caused by our negligence;
17.2.2 fraud or fraudulent misrepresentation;
17.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
17.2.4 defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
17.3.1 any loss of profits, sales, business, or revenue;
17.3.2 loss or corruption of data, information or software;
17.3.3 loss of business opportunity;
17.3.4 loss of anticipated savings;
17.3.5 loss of goodwill; or
17.3.6 any indirect or consequential loss.
17.4 Subject to clause 17.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our liability if you are a consumer
This clause 18 only applies if you are a consumer.
18.1 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 these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. 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.
18.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
18.3.1 death or personal injury caused by our negligence;
18.3.2 fraud or fraudulent misrepresentation;
18.3.3 any breach of the terms implied by the Consumer Rights Act 2015 including the right to receive products which are: in conformity with these Terms; as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and
18.3.5 defective products under the Consumer Protection Act 1987.
Events outside our control
19.1 We 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
19.2 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 (but not including strikes, lock-outs or other industrial action by our own employees), 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 that are not under our control, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport that are not under our control.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19.3.1 we will contact you as soon as reasonably possible to notify you and we will take reasonable steps to minimise the delay; and
19.3.2 provided that we have complied with our obligations under clause 19.3.1 our obligations under a Contract 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
Communications between us
20.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
20.2 If you are a consumer you may contact us as described in clause 1.2.
20.3 If you are a business:
20.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
20.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
20.3.3 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.
20.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. 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.
21.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
21.8 If you are a business, we both 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 a Contract or its subject matter or formation (including non-contractual disputes or claims).