Terms and Conditions

1. OUR TERMS

These terms and conditions do not affect the customer’s statutory rights. Orders placed via this website and in store are subject to the following terms and conditions and may change without notice.

1.1 What these terms cover

These are the terms and conditions on which we supply products to you.

1.2 Why you should read them

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are

We are Boozenbabes, art work created by Pamela Steven, and prints outsourced to print on demand companies around the world.  Such as Gelato and Printify.

2.2 How to contact us

You can contact by email at Pam@Boozenbabes.com or Pamela.Steven11@gmail.com Or use the contact us feature on our website.

2.3 How we may contact you

If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us with your order.

2.4 "Writing" includes emails

When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order

Our acceptance of your order will take place when we email you to accept it, at which point a legally binding contract will come into existence between you and us.

3.2 If we cannot accept your order

If we are unable to accept your order, we will inform you of this in writing by email or telephone and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because our minimum requirements have not been met following our fraud screening process, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary

The packaging of the product may vary from that shown in images on our website.

4.3 Product reviews

After placing your order, you should receive an automated email to request a product review from us. This email on some occasions can arrive before your product is delivered. We ask that you keep the email until you have a chance to use your product purchased. Please note, all product reviews must include your feedback about the item you have purchased.

5. YOUR RIGHTS TO MAKE CHANGES

5.1 Your rights

If you wish to make a change to the product you have ordered, please contact us immediately. We will let you know if the change is possible.  As third party companies we use to do print on demand, do not as a rule allow changes once production of the product has commenced. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - your rights to end the contract).

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products

We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements which may affect the description or quality of the product that we supply to you; and

(b) to implement minor technical adjustments and improvements, for example to address a product malfunction. These changes will not affect your use of the product.

7. PROVIDING THE PRODUCTS

7.1 Delivery costs

The costs of delivery will be as displayed to you when you place your order and detailed in your Order confirmation email.

7.2 When we will provide the products

During the order process we will let you know when we will provide the products to you. We will deliver the products to you as soon as reasonably practicable. Delivery charges are charged in accordance with our courier provider and for gifts and prints, delivery charges are not set by boozenbabes, these charges are set by print on demand companies, gelato and printify, as such we may alter those prices in accordance to theirs. We reserve the right to vary the delivery charges and our system will work out the costing dependent on the size and weight of the product being sent.

7.3 We are not responsible for delays outside our control

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when the product is delivered

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will advise you of how to rearrange delivery or collect the products from a local depot.

7.5 If you do not re-arrange delivery

If after a failed delivery attempt, you do not re-arrange delivery or collect your products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6 Your legal rights if we deliver products late

You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at-an-end straight away if any of the following apply:

(a) we have refused to deliver the products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

7.7 Setting a new deadline for delivery

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.8 Ending the contract for late delivery

If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us or, if they are not suitable for posting, allow us to collect them from you. We will pay the costs of postage or collection. Please email us at info@lucypittaway.co.uk to discuss arrangements for a return or to arrange collection under this clause.

7.9 When you become responsible for the products

Products will be your responsibility from the time we deliver the products to the address you gave us

7.10 When you own products

You own a product once we have received payment in full.

7.11 Reasons we may suspend the supply of products to you

We may suspend the supply of a product:

(a) to deal with technical problems or make minor technical changes;

(b) to update the product to reflect changes in relevant laws and regulatory requirements;

(c) to make changes to the product as requested by you or notified by us to you (see clause 6); or

(d) due to unforeseen circumstances beyond our control.

7.12 Your rights if we suspend the supply of products

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund in full any sums you have paid for any products which have not been provided before you end the contract.

7.13 We may also suspend supply of the products if you do not pay

If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.4).

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d) In all other cases (if we are not at fault and there is no right to change your mind).

8.2 Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products, or notify you we are going to suspend them, in each case for a period of more than 14 days' or

(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you don't have the right to change your mind

You do not have a right to change your mind in respect of:

(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

(b) any products which become mixed inseparably with other items after their delivery.

8.5 How long do I have to change my mind?

It is only possible to change your mind in the period from when you place the order to when production is started on your product.  We use a third party company to make products on demand, therefore we will have paid for these products once production starts, we cannot offer any refunds, unless a good is faulty.  Please contact us as soon as you change your mind and we will do our best to stop production.  In respect of original artworks, you have the 14 days to change your mind as long as all products are still in their original packaging, unopened.

9. HOW TO END THE CONTRACT WITH US

9.1 Tell us you want to end the contract

To end the contract with us, please let us know by doing one of the following:

(a) Email at pam@boozenbabes.com. Please provide your name, home address, details of the order and, where available, the order reference number, your phone number and email address.

(b) Online. Complete the "Contact Us" form on our website providing details of what you bought, when you ordered or received it and your name and address, or set out as detailed at the end of these terms.

9.2 Returning products if faulty

Within 24 Hours of receiving the products, please contact us and supply photos of the damaged goods, we will not provide a refund but will be happy to replace the goods. 

9.3 When we will pay the costs of return

We will pay the costs of return plus the costs for standard shipping:

(a) if the products are faulty or miss-described; or

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances you must pay the costs of return.

 

9.4 How we will refund you

Any refunds for faulty products will be made via the method of payment used to purchase the product.

 

9.5 When your refund will be made

We will make any refunds due to you as soon as possible.

(a) Your refund will be made within 14 days from 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 9.2.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it

We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or

(b) you do not, within a reasonable time, allow us to deliver the products to you.

10.2 You must compensate us if you break the contract

If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems

If you have any questions or complaints about the product, please contact us. You can write to us at pam@boozenbabes.com or by using the contact link on our site

12. PRICE AND PAYMENT

12.1 Where to find the price for the product

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

12.4 When you must pay and how you must pay

We accept Visa and Mastercard debit and credit cards (as applicable). You must pay for the products before we dispatch them. We will charge your credit or debit card at the time the order is placed. We use Total Processing as our Payment Services Provider. Total Processing uses a range secure methods such as fraud screening, I.P address blocking and 3D secure.

12.5 We can charge interest if you pay late

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice is wrong

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. SECURITY POLICY

13.1 Our Payment Service Provider is via Shopify Website and is a Secure Payment Platform.

 

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: 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 for defective products under the Consumer Protection Act 1987.

14.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

15.1 How we will use your personal information

We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

15.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.

16. OTHER IMPORTANT TERMS

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

17. OFFERS & PROMOTIONS

17.1 Terms and conditions apply to all offers and promotions. We reserve the right to exclude specific product(s) or collections from a promotional offer. Offers can not be used with other discount codes. All promotions exclude original artwork, gift vouchers, embellished canvasses, and trade orders. Discount codes apply to product purchases only and does not include shipping, unless otherwise stated. We often specify if a discount code is required. If a discount code is not provided and the correct items are in your basket, the discount will automatically apply at the checkout.

 

18.  Competitions - not currently running

19. MISCELLANIOUS

19.1 Intellectual Property

You are permitted to print and download extracts from this website for your own use on the following basis:

(a) no documents or related graphics on this website are modified in any way;
(b) no graphics on this website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.

No part of this website may be reproduced or stored in any other website.

19.2   Links to and from Other Websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

19.3 Customs

Additional charges for international orders for example any customs, import or brokerage duties that may occur will be charged to the customer.