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Terms & Conditions

Terms & Conditions of Purchase

1.0 Introduction

TheVarietyShop.co.uk , Incorporated in England and Wales on 20/03/2015, Registration Number: 09501546

These terms and conditions relate to the goods which you offer to purchase from our The Variety Shop online/shop (“our/this website”). Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our on-line facilities. We will be unable to process any offer to purchase goods until you have done so. If there is anything you do not understand, please feel free to e-mail us at sales@thevarietyshop.co.uk, or phone us on 07811913915.

By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 11 (limitation of liability) and 12 (indemnity).

You must be 16 years or older to use the service. By placing an order, you confirm to us that you are at least 16 years of age.
We may change these terms and conditions at any time and we are not under any obligation to notify you of such changes.

2.0 Definitions

2.1 “Commencement Date” means the date when our agreement with you is concluded (see clause 3.3)

2.2 “Confirmation Form” means the form that is shown on screen when you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you.

2.3 “Consumer” means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession.

2.4 “Order Form” means the form completed by you online and showing details of the goods which you have offered to purchase from us.

2.5 “Goods” means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form \ Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive)

3.0 Your Agreement with Us

3.1 These terms and conditions, together with the Order Form, Confirmation Form, Privacy Policy, constitute the entire agreement between you and us relating to the provision of the Goods (“the Agreement”), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in these terms and conditions.

3.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.

3.3 The Agreement is concluded only when we have sent you an e-mail notification that the Goods have been dispatched to you.

4.0 Payment

Payment can be made using any of the methods listed on this web site Payment Options and will be debited when we have accepted your offer to purchase.
All prices are quoted in UK pounds Sterling and include VAT where applicable.
Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods that you have offered to purchase and a full refund will be given.
Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.

5.0 Payment Options

Accept all major credit and debit cards as well as PayPal.

Credit Cards
Visa
Mastercard
Maestro
Payment can be made using any of the methods above and will be debited on dispatch of your goods. The total amount you pay is the same, irrespective of the payment method used. All transactions through our payment gateway are encrypted using WorldPay.

WorldPay is the UK’s leading payment provider & uses a powerful secure PCI DSS compliance. Every single one of our customer’s credit/debit card details are encrypted so you can be sure that your payment is 100% safe.

6.0 VAT

All of the prices listed online include VAT.

7.0 Delivery Details

Delivery of all orders is subject to stock availability and authorization of your payment.

In stock items will normally be dispatched within 24 hours (Excluding Weekends/Bank Holidays)

7.1 Delivery UK

All orders are dispatched via the Royal Mail.

1st Class/24 Tracked – Delivered within 1 to 2 working day of receipt of your order.
2nd Class/48 Tracked – Delivered within 2 to 3 working days of receipt of your order.

7.3 Delivery Europe/International

All orders are dispatched via the Royal Mail.

Airmail/Europe – Delivered within 3 to 5 working days of receipt of your order.
Airmail/Rest Of The World – Delivered within 5 to 7 working days of receipt of your order.

8.0 Returns Policy

8.1 Exchanges

We are happy to offer an exchange in size on unworn products up to 14 days after your order has been delivered. All that we ask is that you send them back in the condition that you received them in. (in the original box or packaging with tags). Please follow the returns procedure. Returns will be processed within 7 days. Once we have received back the item, then we would dispatch the exchanged item to you.

8.2 Refunds

We are happy to offer a refund on unworn products up to 14 days after your order has been delivered. All that we ask is that you send them back in the condition that you received them in. (in the original box or packaging with tags). Please follow the returns procedure. Returns will be processed within 7 days. A full refund would be giving excluding the return cost.

8.3 Faulty Returns

If your item is faulty, please follow the returns procedure to return the item to us. The item would be checked and if deemed faulty either a full refund (including return postage) would be given or, we will send you a replacement product. This does not affect your statutory rights. Returns will be processed within 7 days of receiving the item back to us.

8.4 Order Cancellation

You can cancel your order at any stage up until it is dispatched.
Further Under the Distance Selling Regulations, you have fourteen working days from the Commencement Date (“the cooling-off period”) in which to cancel this Agreement if for any reason you are not happy with the Goods that have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from.

The full order must be returned and we will refund the price of the goods in full plus any delivery costs incurred. Orders may be cancelled via writing or emailing us at sales@thevarietyshop.co.uk

9.0 Security & Data Protection

9.1 Data Protection

We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.

9.2 Our Data Protection Policy

We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information.

We may use your e-mail address and postal address to provide you with information on products, services, promotions and special offers.

Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed.

We do not hold any of your Payment Details on our website; they would be secured via PayPal or WorldPay.

Your privacy and confidence will be respected at all times.

9.3 What Information is collected about you and how is it used?

When you place an order we need to collect your name, address, e-mail and telephone number as well as details of the method by which you intend to pay for the Goods. This information allows us to process your offer to purchase Goods and delivery of those Goods to you. We use your e-mail address to send you notification of the status of the order. We will contact you by e-mail or by telephone if any problems occur regarding delivery of the Goods to you.

This information may be provided to third party service providers (PayPal/WorldPay) for the purpose of processing your order of goods.

We may use your e-mail address and postal address to provide you with information on products, services, promotions and special offers.

9.4 Consent

By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.

9.5 Cookies

Cookies are small pieces of information that are sent from your browser to our web server.
On this web site, cookies are used to keep track of the items you place in your shopping basket.

We do not store any personal information in the cookie; they are designed only to collect information of an anonymous nature. We will not combine such anonymous information with your personal details.

You will need to ensure your cookies are enabled to allow you to purchase from our site.

9.6 Security

The security of your transaction is important to us and to prevent any details being seen by unauthorized persons it is protected throughout the payment process. To do this we use a secure server to encrypt the information before it is sent to the payments processor.

10. Distance Selling Regulations

We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions, but is summarized in the Confirmation Form.

11. Limitation of Liability

IMPORTANT: THIS CLAUSE 11 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.

11.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.

11.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.

11.3 To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.

11.4 We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.

11.5 All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.

11.6 Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
11.7 No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.

11.8 Every provision of this clause 11 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.

12. Indemnity

IMPORTANT: IN THIS CLAUSE 12 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.

You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.

13. Website Content

We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The Order Confirmation Form is conclusive as to the Charges and the description of the Service.
Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.

14. Contact Details

If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on 07811 913 915, or e-mail us at sales@thevarietyshop.co.uk or write to us at:

The Variety Shop Customer Service
12 Lansing Gardens
Chaddesden
Derby
Derbyshire
De21 6rl

We shall respond to any communication received as quickly as possible.

15. Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with UK law and you agree to submit to the non-exclusive jurisdiction of the UK courts. You are responsible for compliance with any applicable laws of the country from which you access our website.