Shop terms and conditions

Last updated: 24 February 2021

COVID-19 NOTICE: Please note that due to the ongoing pandemic some of the terms and conditions below will be temporarily amended. These amendments are made in italics. We apologise for any inconvenience.

1. Introduction

1. 1 These terms and conditions relate to goods which you offer to purchase from MAKE Southwest (formerly Devon Guild of Craftsmen) shop in Bovey Tracey (TQ13 9AF) and from the MAKE Southwest online shop. 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 online facilities or from our physical craft shop. They do not affect your statutory rights.

For the online shop we will be unable to process any offer to purchase goods until you provide the relevant information and have clicked on the ‘Check out now’ button. If there is anything you do not understand, please feel free to email us at hello@makesouthwest.org.uk, or phone us on 01626 832223.

1.2 By making an offer to purchase online, 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 9 (limited right to cancel), 13 (limitation of liability) and 14 (indemnity).

1.3 You must be 16 years or older to buy from our online shop. By clicking on the ‘Check out now’ button, you confirm to us that you are at least 16 years of age.

1.4 We may change these terms and conditions at any time. Any changes will take effect on the date they are posted on the site (see date above). We are not under any obligation to notify you of such changes. You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.

2. Definitions

In these terms and conditions:

"Commencement Date" means the date when our agreement with you is concluded (see clause 3.3); "Confirmation Form" means the form sent by us to you via email within 24 hours after you have placed an order online, confirming details of the Goods which you have offered to purchase from our online shop and whether we agree to accept your offer and supply the Goods to you; "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; "Distance Selling Regulations" means The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No. 2334) which concern the protection of consumers in respect of distance contracts for goods and services, where the contract is made without any face to face contact between supplier and consumer; "Goods" means the goods to be provided by us to you; "Order Form" means the form completed by you online and showing details of the goods which you have offered to purchase from our online shop; "Service" means the provision of Goods by us to you; "we/us/our" refers to MAKE Southwest, registered office at Riverside Mill, Bovey Tracey, Devon, TQ13 9AF; "you/yours" refers to you, the person offering to purchase goods from us.

3. Your agreement with us

3.1 It is our intention that all the terms of the contract between us and you are contained in these terms and conditions, together with the Order Form, Confirmation Form, and Privacy Policy and in any special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us ("the Agreement"). We accept responsibility under the Agreement for our commitments to you.

3.2 Nothing on our online shop 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 accepted your order by sending you a Confirmation email (with the date of conclusion of the Agreement being the date shown on that Confirmation email). The technical steps required to conclude a contract for the Service comprise of: (i) Step 1, Order Form: You must complete the online Order Form to buy Goods from us completely and accurately and submit this to us by clicking on the button marked ‘Check out now’; (ii) Step 2, Confirmation Form: We shall issue you with a confirmation email within 24 hours after we receive your offer to purchase from our online shop: where this states that we accept your offer to purchase Goods.

4. General

4.1 Payment can be made using any of the methods listed in Clause 6 below and will be debited when we have accepted your offer to purchase.

4.2 All prices are quoted in UK pounds Sterling and include VAT where applicable. All prices include: the item, packaging, insurance and UK delivery charges.

4.3 Our acceptance of your offer to purchase Goods is subject to their availability. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund of any prepayments will be given.

4.4 Prices, offers and products are subject to availability and may change before (but not after) we accept your order.

4.5 Every effort has been made to ensure the descriptions, price of goods and delivery charges 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, price or delivery charge, or (ii) retracting your offer to purchase and receiving a full refund of any prepayments.

4.6 All contracts in relation to the Service shall be concluded in English.

4.7 Your data protection rights are set out in our Privacy Policy.

5. Delivery details

5.1 All deliveries agreed to be posted to you, are subject to stock availability and authorisation of your payment.

5.2 Due to certain restrictions in relation to COVID-19 there may be delays in getting your purchase out to you - you will receive your Goods within 28 days of the purchase. We shall endeavour to deliver the Goods you have offered to purchase within 2 weeks (excluding public holidays) after we receive your request. If there are any delays we will notify you of such delay as soon as possible. If we cannot supply you with the Goods you have ordered within 30 days of the date you sent your offer to purchase the Goods to us, we shall inform you and you shall have the option of either accepting a later delivery date or cancelling the Agreement and accepting a refund of any prepayments.

5.3 Currently, we can only promise delivery to addresses within the United Kingdom. We can organise international shipping but you must contact us - before making purchase of Goods - on 01626 832223 or email hello@makesouthwest.org.uk. International shipping will be calculated on a case by case basis to ensure dimensions and insurance coverage are accounted for. Extra fees for international postage will need to be paid for by you in advance.

5.4 Your order will be delivered to the address which is listed in the "delivery address" section in the online shop or agreed and recorded with salesperson / staff in our Bovey Tracey shop.

5.5 Retail prices shown on the website include UK delivery. Delivery charges for Goods purchased in our physical store will be agreed by you and a shop salesperson at time of purchase. If there is any change in the delivery charge payable we will endeavour to notify you before your order is accepted by us and ask you to confirm that you wish to proceed with your order.

5.6 We can only post the Goods to you during office hours, Tuesday to Saturday. We are unable to specify the time at which the goods will be delivered to you. During lockdown, Goods will only be posted on Tuesdays and Thursdays.

5.7 If you do not accept delivery of Goods ordered by you within two weeks of our first attempt to deliver the Goods to you, we reserve the right to charge you for any consequential storage costs reasonably incurred by us.

5.8 A signature will be required on delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you. During the pandemic Royal Mail won’t be asking for signatures but will be logging names of persons accepting items.

5.9 During the pandemic some of the Goods available on the website will be posted directly from the Makers (not from our Bovey Tracey shop) . We are not responsible for postage of these items and should any issues arise we will facilitate putting you in direct contact with the Maker.

6. Payment options

6.1 For purchases online: we accept all major credit and debit cards including American Express. For purchases in our Bovey Tracey shop: we accept all major credit and debit cards with the exception of American Express.

6.2 Payment may be made by any of the methods above and will be debited when we accept your offer. The total amount you pay is the same, regardless of the payment method you use.

6.3 We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

7. VAT

Our prices include VAT where applicable.

8. 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 summarised in the Confirmation Form.

9. Your right to cancel this agreement

Important: This clause 9 contains provisions which limits your rights to cancel the agreement after the commencement date. Please read it carefully and do not make an offer to purchase the goods unless you agree to this clause. Under the Distance Selling Regulations, you do not have a right to cancel this Agreement after the Commencement Date, except where the Goods are defective or we are at serious fault.

10. Our right to cancel this agreement

If, for reasons beyond our reasonable control, including but not limited to fire; floods; storm; plant breakdown; lock-outs; riots; industrial action which prevents entry to premises; hostilities; non-availability of materials or supplies, we are unable to supply the goods to you, we may cancel the Agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation to the Agreement.

11. Errors made by you & withdrawal of your offer

11.1 If you wish to withdraw your offer to purchase goods from us prior to the issue of the Confirmation Form, you must notify us of this fact in writing. Full contact details are set out in Clause 16 below.

11.2 If you wish to correct an error made by you in your offer to purchase goods from us, you must notify us of this fact in writing as soon as possible. Full contact details are set out in Clause 16 below.

12. Returns policy

This returns policy does not affect your legal rights.

We believe that you will be delighted with your purchase, but there may be occasions where you feel it necessary to return an item. If you wish to return your purchase, please email us as at hello@makesouthwest.org.uk or call us on 01626 832223 as soon as possible to arrange the return. We aim to keep the process as simple as possible.

12.1 If you believe that the Goods may be faulty, misdescribed, incorrect or damaged on delivery, please contact us by telephone, email, or in writing giving a full account of the alleged defect, within 7 working days of the date on which you receive the Goods. If it appears to us from your report that the Goods are defective, we would ask you to send the items back to us in their original packaging and we will reimburse you the cost of the postage.

12.2 We reserve the right to inspect the goods and to verify that the Goods are defective and those defects are attributable to the Goods supplied as claimed by you. If it does not appear to us that the Goods returned to us are faulty, incorrect, misdescribed or were damaged on delivery to you, we shall return the Goods to you and you shall be charged for the reasonable cost for return postage and re-delivery. If you do not accept re-delivery of Goods returned to you hereunder, we reserve the right to charge you for any consequential storage costs reasonably incurred by us.

12.3 If it appears to us that Goods returned to us are indeed defective, we shall, at your request: (i) deliver replacement Goods of similar quality and specification, free of charge, provided that the Goods have not been modified or subject to misuse or negligence OR (ii) arrange for a full refund of any prepayments by crediting your debit or credit card used to make the original payment within 30 days of you giving notice of rejection, provided that the Goods were faulty, misdescribed, incorrect or damaged on delivery and have not been subsequently modified or subject to misuse or negligence. A refund of any monies paid will be made only for the goods made available to us for collection.

12.4 We require that all Goods being returned are securely packed and suitably boxed. We recommend that the original packaging is used where possible. We cannot provide additional packaging or boxes for any returning items. You will be responsible for the item or items until they reach us. For your own protection we suggest that you use a secure delivery method which requires a signature upon delivery.

12.5 We cannot accept returned earrings due to hygiene reasons.

13. Limitation of liability

Important: This clause 13 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.

13.1 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.

13.2 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.

13.3 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.

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

13.5 Every provision of this clause 13 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.

14. Indemnity (liability passed to you)

Important: In this clause 14 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 any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, suppliers, our customers, and employees, and arising as a result of breach by you of this Agreement.

15. Website content

15.1 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. The Confirmation Form is conclusive as to the prices, delivery charges. Although every effort is made to ensure complete accuracy, some prices, delivery charges 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.

15.2 We and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited. You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

16. 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 01626 832223, or email us athello@makesouthwest.org.uk or write to us at: MAKE Southwest, Riverside Mill, Bovey Tracey, Devon, TQ13 9AF. We shall respond to any communication received by us as quickly as we can.

17. Law and jurisdictions

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