In these terms:
1 These terms
1.1 If you buy goods on our site you agree to be legally bound by this contract, please read through these terms carefully before you submit your order.
1.2 These terms and conditions apply only if you are buying goods on our site as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying goods on our site in the course of business, our business terms and conditions apply to such purchases, which can be accessed [here].
1.3 When buying any goods on our site you also agree to be legally bound by our website terms of use which can be accessed [here].
2.1 Placing an order. You place an order on the site by following the onscreen prompts. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
2.2 Acceptance of your order. Any order for our goods placed by you constitutes an offer by you to purchase those goods in accordance with these terms. Acceptance of your order will take place when we email you to confirm that it has been accepted. Upon the communication of an order acceptance, a contract will have been formed.
2.3 If your order cannot be accepted. If your order cannot be accepted, we will inform you of this and you will not be charged for your order. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or for some other substantive reason.
3 Our products
3.1 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 will display the colours of a product accurately.
3.2 Product packaging may vary. The packaging of the goods may be different from that shown on the site.
4 Delivery
4.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
4.2 When we will provide the goods. We will endeavour to deliver the goods to you within the estimated time slot (usually 3 to 5 working days for standard delivery or as otherwise indicated for express delivery options when you checkout). As soon as reasonably possible, we will contact you with an estimated delivery date after we have accepted your order. If we are unable to deliver the goods within the estimated time slot, we will endeavour to contact you and provide you with an updated estimated delivery date as soon as reasonably possible.
4.3 We are not responsible for delays outside our control. If our supply of the goods 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 goods you have paid for but not received.
4.4 If you do not re-arrange delivery. If, after a failed delivery of goods to you, you do not re-arrange delivery or collect them 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.
4.5 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us.
5.1 Price of goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the goods advised to you is correct.
5.2 When you must pay and how you must pay. We accept payment with all major credit or debit cards. You must pay for the goods before we dispatch them.
6 Your rights to end the contract
6.1 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.
6.2 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 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:
6.2.1 there is a risk that supply of the products may be significantly delayed because of events outside our control;
6.2.2 we have suspended supply of the goods for technical reasons, or notify you that we are going to do so; or
6.2.3 you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind. You have the right to change your mind within 14 days of receiving the goods and receive a refund. These rights are set out in the Consumer Contracts Regulations 2013. You do not have a right to change your mind in respect of sealed goods, once they have been unsealed after you receive them.
6.4 Faulty goods. If there is a problem with your goods, see clause 6.
7 How to end the contract
7.1 Let us know. To end the contract with us, please let us know via email at hello@cocoacanopy.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return the to us. You must post them back to us at Unit 32, Fourth Avenue, Halstead, Essex CO9 2SY. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
7.3.1 if the goods are faulty or misdescribed; or
7.3.2 if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery or because you have a legal right to do so as a result of something we have done wrong.
7.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However we may make deductions form the price, as descried below.
7.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
7.5.1 We may reduce your refund of the price (excluding delivery costs) 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.
7.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
8.1 How to tell us about a problem. If you have any questions or complaints about our goods, please contact us.
8.2 Your rights. Your key legal rights in respect of the supply of goods under this contract are set out in the Consumer Rights Act 2015. For detailed information please visit the Citizens Advice website (www.adviceguide.org.uk) or call 0345 04 05 06.
9.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our 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. Oss 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.
9.2 We do not exclude or limit our liability where it would be unlawful to do so. This includes limitation for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the goods.
9.3 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 or profit, loss of business, business interruption, or loss of business opportunity.
10 Your privacy and personal information
10.1 We will only use your information in line with our Privacy Policy, which is available at here.
11 General
11.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.2 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.
11.3 Governing law and jurisdiction. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English courts.
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