Terms and Conditions

1. Who are we and our contact details

We are Mary Broddle Embroidery Ltd. We’re a company registered in England and Wales with company number 12902855 whose registered address is at 48 Rutland Road NG2 5DG UK. 

You can get hold of us by emailing us at hello@marybroddleembroidery.com;

2. What do these terms do, and why are they important?

Please read these terms and conditions carefully before you place an order with us via the website. They contain important information,including:

1. how we will provide you with the goods, services and/or digital content that you have ordered
2. our payment terms and delivery times
3. the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
4. what you should do if there is a fault with the goods, services and/or digital content that we have provided to you, and
5. how we will use your personal detailsas well as other matters,

2.1 If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.

3. Your personal information

For information about how we collect and use your personal information, please see our website privacy notice which is available here.

4. Order Process and the Contract between you and us

When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can providethe goods, services and/or digital content to you which we will usually communicate by email. If we tell you that we cannot provide the goods,services and/or digital content to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to providethe goods, services and/or digital content, and we have already received payment from you, then we will promptly refund you for any goods,services and/or digital content that we cannot provide to you.

5. About the goods

5.1Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.

5.2 Many of our goods are handmade, which means that the size, dimensions or weight of the handmade goods may vary by up to 10% aboveor below the amounts quoted on our website.

5.3 If you place an order for goods that are to be made to measurements that you have given to us, then you must ensure that thosemeasurements are accurate. You are responsible for them.

6. Changes to goods, services and/or digital content

6.1 If you would like to make a change to the goods, services and/or digital content for which you have already placed an order, please contact us as promptly as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.

6.2 In some circumstances, we may need to make minor changes to the goods, services and/or digital content that you ordered. As these are minor changes and will not affect your use of the goods, services and/or digital content, we will not usually contact you about these. These minor changes are likely to be:
a. because we need update the goods, services and/or digital content to implement a change in the law, or a regulatory requirement;
and/or
b. because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods,
services and/or digital content.

6.3. It is possible that exceptionally, we may need to make a more major change to the goods, services and/or digital content. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 16.1 (cancellation terms) of these terms and conditions will apply.

7. Digital Content Updates

From time to time, we may need to update, or we may ask you to update, our digital content. We will ensure that even after this update, the
digital content continues to match the description of it that was provided to you during the order process.

8. Payment Details

8.1 The price of the goods, services and/or digital content will be the price set out on our website at the time when you place your order. 

8.2 We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made
and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an
error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to
proceed (and if you want to cancel the contract, section 16.1 of these terms and conditions will apply).

8.3 Any costs for delivery of the goods, services and/or digital content and other costs associated with the goods, services and/or digital content will be the amounts that were set out to you in the order process on our website.

8.4 When you need to pay us depends on whether what we provide you with is goods, services or digital content:
a. For one-off goods, you must pay for them before we deliver them to you;
b. For subscriptions to goods you must pay monthly, in advance;
c. For one-off services, you must make a prepayment of 50% of the price before we begin to supply the services. You must pay the
remainder of the price on completion of the services. You must pay each invoice within 30 days of the date of the invoice;
d. For ongoing services we will invoice you monthly, in advance for the services. You must pay each invoice within 30 days of the date of
the invoice;
e. For one-off digital content, you must pay for it before you download or stream it;
f. For subscriptions to digital content, you must pay monthly, in advance.
We accept payment by credit/debit card or electronic transfer.

8.5 If you do not pay us on time, we may charge you interest at the rate of 2% a year above the Bank of England base rate from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is
overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day.

9. Delivery and collection of goods and digital content and supply of services

9.1 Delivery and supply times will depend on whether you have ordered goods, services and/digital content and whether these are one-off, ongoing or subscriptions:
a. For one-off goods, unless we have agreed another date with you, we will deliver them within 30 days of the date on which we accepted your order;
b. For subscriptions to goods, we will provide the goods to you during the times as told to you during the order process until the contract is
cancelled by you (see section 16 – your rights to cancel) or by us (see section 17 – our rights to cancel) or until we withdraw the goods
(see section 18);
c. For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the
approximate date for completion of the services will be the date we advised you when you placed your order;
d. For ongoing services, we will provide the services to you until the services have been completed or the contract is cancelled by you (see section 16) or by us (see section 17) or until we withdraw the services (see section 18);
e. For one-off digital content, it will be available for download or streaming by you once your order has been accepted and you have made
payment (see section 8 for information about payment) but please note that you will lose your cooling-off period cancellation rights (see
section 15) once you begin to download or stream the digital content;
f. For subscriptions to digital content, we will provide the digital content to you during the times as told to you during the order process until the contract is cancelled by you (see section 16) or by us (see section 17) or until we withdraw the digital content (see section 18).

9.2 We will contact you if we are delayed in delivering the goods, services and/or digital content to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract and we will provide you with a refund for any goods, services and/or digital content that you have paid for but not yet received.
9.3 If we cannot post the goods through your letterbox and/or no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery. If after this, we are still unable to arrange the re-delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 17.2 below will apply.

10. Suspension

10.1 If something happens that means we must suspend the supply of the goods, services and/or digital content to you, for example:

1. to make minor technical adjustments or to resolve technical issues;
2. to update the goods, services and/or digital content to implement a change in law or any relevant regulatory requirement, then we will contact you to let you know.

10.2 We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods, services and/or digital content, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.

10.3 If we are going to suspend the supply of a good, service or digital content for more than 1 month then you may contact us to cancel the contract. We will provide you with a refund for the relevant good, service or digital content for which you have made payment but have not yet received.

11. Responsibility for and ownership of goods

11.1 You will be responsible for goods from the point at which we deliver the goods to you – or, if you have told us that you are collecting the
goods, from the point at which you collect the goods from us.

11.2 You will only own the goods once we have received full payment for them.

12. Your obligations

12.1 We will inform you during the order process of information that we need from you in order to provide you with the goods, services and/or digital content. We will contact you to request this information.

12.2 If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 17.2 will apply), or we may charge you for the additional costs that we incur as a result.

12.3 If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, services and/or digital content – or if we do not provide any part of them to you.

13. If there is a fault with the goods, services and/or digital content

13.1 We hope that you are satisfied with the goods, services and/or digital content that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.

13.2 We must provide goods, services and/or digital content to you that meet your consumer rights.

13.3 This section 13.3 provides you with a summary of your consumer rights if there is a fault with the goods, services or digital content that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
a. If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of
satisfactory quality. During the expected lifespan of your goods, you’re entitled to the following:
i. For up to 30 days if your goods are faulty, you can get an immediate refund.
ii. For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
iii. For up to 65 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.
b. If we have provided you with services, the Consumer Rights Act 2015 says:
i. You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill – or get some money back if we can’t fix
it.
ii. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
iii. If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.
c. If we have provided you with digital content, the Consumer Rights Act 2015
(http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted) says that the digital content must be as described, fit for purpose and of
satisfactory quality and:
i. If your digital content is faulty, you’re entitled to a repair or replacement.
ii. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some
or all of your money back.
iii. If you can show that the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a
repair or compensation.

13.4 If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either post them back to us, or if the goods are not suitable for postage, allow us to collect the goods from you.

13.5 Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are
explained in section 15.

14. Our liability if you suffer loss or damage

If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods, services and/or digital content to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.

14.2 If we provide you with digital content that is faulty and that damages your device, we will either repair the device or pay compensation to you.

14.3 We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our
liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your
legal rights in relation to the goods, services and/or digital content (a summary of which is set out in section 13.3) or for providing you with
defective items under the Consumer Protection Act 1987 (https://www.legislation.gov.uk/ukpga/1987/43/contents) Consumer Protection Act
1987.

14.4 If we provide any advice to you, including in any instructions or manuals provided to you with the goods, services and/or digital content, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.

14.5 We only provide goods, services and/or digital content for private and domestic use. We do not provide them for business or commercial
use. If you do use the goods, services and/or digital content for business or commercial use, we will have no liability to you for loss of profit,
loss of business, loss of opportunity or loss of goodwill.

15. Cooling-off period and your right to cancel the contract during it

15.1 Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those
other rights are set out in section 16 below.

15.2 When you buy goods, services and/or digital content from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 15.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 15.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for
cancelling.

15.3 The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered goods, services and/or digital content. It is also subject to certain exceptions, which are set out in section 15.4 below. You can calculate the cooling-off period as follows:
a. For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
b. For goods that are ordered together but are delivered to you separately on different days, you have up to 14 days after the day you
receive the last delivery of goods to cancel the contract;
c. For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel
the contract;
d. For a contract that is for goods and services, you have up to 14 days after the day you receive the goods to cancel the contract;
e. For services, you have up to 14 days after the day we contact you to accept your order to cancel the contract;
f. For digital content (whether one-off or subscription), you have up to 14 days after the day we contact you to accept your order to cancel the contract, unless you start to stream the digital content before that time (in which case we will ask you to acknowledge before
streaming that you have lost your cancellation rights).

15.4 If any of the following circumstances applies to the goods, services and/or digital content that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods, services or digital content because you have changed your mind:
a. if the goods have been personalised or made to your specification;
b. if you have combined the goods with others goods and they are inseparable;
c. if you have started to stream the digital content that you ordered;
d. if the services have been completed;
e. if you requested us to carry out urgent maintenance or repairs;

15.5 If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 15.3) in the following way:
a. contacting us on the details set out in section 1 and include your name, email address, address and order details, providing a clear
statement that you want to cancel; or

15.6 If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind.

15.7 If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cancellation period (but before we have completed them), then you will have to pay us for the services that we have provided to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.

15.8 If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods, services and/or digital content as well as any standard delivery costs that you paid but if you chose a more expensive delivery option than our standard delivery when you placed your order, then we will only refund you an amount equivalent to our standard delivery costs. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment that you used to pay us
within 14 days of the day we receive the goods back from you or, if earlier, within 14 days of you providing us with proof that the goods have
been sent back to us. If your order does not include goods that need to be returned to us, then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.

15.9 We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. Therefore you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.

16. Your rights to cancel the contract

16.1 In addition to your rights to cancel the contract during the cooling-off period set out in section 15, if any of the following circumstances apply, you have the right to cancel this contract immediately:
a. we have informed you that there was an error with the price or the description of the goods, services and/or digital content when you
placed the order, and you now do not wish to proceed based on the correct price or description;
b. we have informed you that we need to make a major change to the goods, services and/or digital content (see section 6.3) and you do
not want to proceed with the change;
c. there is a significant delay in providing the goods, services and/or digital content to you, because of circumstances that are not within ourcontrol (see section 9.1);
d. we have informed you that we need to suspend the supply of goods, services and/or digital content to you, for any of the reasons set out in section 10.1, for more than 1 month; or
e. you have some other legal right to cancel the contract because of something we have done.

If you do cancel the contract for any of the above reasons (section 16.1(a) to 16.1(e)), then we will provide you with a refund for any goods,
services and/or digital content that you have paid for but we have not yet provided, or we may provide you with a refund for any goods,
services and/or digital content that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.

16.2 If there is a fault with the goods, services and/or digital content that we have provided to you, please see section 13 of these terms and
conditions.

16.3 If you are cancelling the contract for any other reason which is not set out in section 16.1 or section 15 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any goods, services and/or digital content which you have paid for but not yet received. However, we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs which we incur due to you cancelling the contract.

16.4 If you cancel the contract after we have dispatched goods, then you must return the goods to us by posting them back to us. If you cancel the contract because of circumstances set out in section 16.1 or because there is a fault with them (see section 13), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 15, you will be responsible for the costs of returning the goods to us.

17. Our rights to cancel the contract

17.1 If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of
circumstances where we would consider that you have not complied with your obligations:
a. you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 8.4);
b. you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 9.2);
c. you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 9.3);
d. you do not provide us with information that we have requested from you within a reasonable time (see section 12.1);

17.2 If we cancel the contract because you have not performed your obligations (including those examples listed in section 17.1), we will provide
you with a refund for any goods, services and/or digital content for which you have paid but not yet received. However we may make a
reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an
amount of reasonable compensation for costs that we incur due to having to cancel the contract.

18.  If we stop providing goods, services and/or digital content

If the goods, services and/or digital content with which we provide you are provided on an ongoing or subscription basis (and are not a oneoff purchase), we may decide at some point in the future to stop providing them. If we decide to stop providing them, we will contact you at least 1 month before we stop providing them, to let you know. If you have made payment for goods, services and/or digital content which we will no longer be providing to you, we will give you the relevant refund for what you will not receive.

19. General

19.1 We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.

19.2 You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in
writing.

19.3 If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.

19.4 If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.

19.5 Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.

19.6 If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales,we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.

MODEL CANCELLATION FORM (DISTANCE CONTRACTS)

To hello@marybroddleembroidery.com
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