TERMS & CONDITIONS

 

Megan Ferris Terms and Conditions for the online Sale of Products to Consumers

(The terms "us" "we" or "our" shall refer to "Megan Ferris")

1 THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.  These terms assume you are not a business customer.

 

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, please contact us to discuss.

 

2 INFORMATION ABOUT US

2.1 Who we are. We are trading as Megan Ferris, a sole trader whose principal place of business is 94 Walton Street, London, SW3 2HH.

 

2.2 How to contact us. You can contact us by telephone at 07530 532239 or by writing to us at megan@meganferris.com.

 

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in 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 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 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 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 any images of packaging on our website.

 

5 YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the order, 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:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements.

7 PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

 

7.2 How we will deliver the products. We will deliver the products to you using the delivery method selected by you at the time you place your order.

 

7.3 When we will provide the products. We will contact you with an estimated delivery date, which will be within 10 days after the day on which we accept your order.

 

7.4 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.

 

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

 

7.5.1 we have refused to deliver the goods;

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

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

 

7.6 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.5, you can cancel your order for any of the products or reject products that have been delivered late. 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. We will pay the costs of postage. 

 

7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause  10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

 

7.8.1 deal with technical problems or make minor technical changes;

7.8.2 update the product to reflect changes in relevant laws and regulatory requirements;

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

 

7.9 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 4 weeks or more and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

 

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.

 

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 8.2.1 to 8.2.4 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:

 

8.2.1 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;

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

8.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of 4 weeks or more; or

8.2.4 you have a legal right to end the contract because of something we have done wrong.

 

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. 

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 any products which are bespoke or which have been custom made or designed for you.

8.5 How long do I have to change my mind? You must notify us within 14 days of the date on which you place your order with us if you wish to change your mind. You have a further 14 days from the day you (or someone you nominate) receive the products, unless your products are split into several deliveries over different days, to return the products to us in accordance with clause 9.2. If your products are split into several deliveries over different days, you have 14 days from the day you (or someone you nominate) receive the last delivery to return the products to us. If you notify us that you wish to change your mind outside of the 14 day period as set out in this clause, acceptance of the cancellation of your order shall be at our discretion.

 

9  HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

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: 

 

9.1.1 Phone or email. Call us on 07530 532239 or email us at megan@meganferris.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.1.2 By post. Print off the returns form and post it to us at the address on the form.  Or simply write to us at Megan Ferris, 94 Walton Street, London, SW3 2HH, including details of what you bought, when you ordered or received it, your order number and your name and address.

 

9.2 Returning products after ending the contract. If you end the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us. You must post them back to us using a recorded or tracked delivery service to Megan Ferris, 94 Walton Street, London, SW3 2HH. You are advised to obtain proof of postage. If you are exercising your right to change your mind you must return the products, in their original packaging and in a saleable condition together with the receipt, within 14 days of telling us you wish to end the contract. If we receive the returned products after 14 days of you telling us you wish to end the contract, acceptance of the returned products shall be at our discretion.

 

9.3 When we will pay the costs of return. We will pay the costs of return:

9.3.1 if the products are faulty or not as described; or

9.3.2 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 (including where you are exercising your right to change your mind) you must pay the costs of return.

 

9.4 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 from the price, as described below. Please note, we cannot refund you the price for the products if you have worn or damaged the products.

 

9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

 

9.5.1 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

9.6 When your refund will be made. 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. It may take up to 10 days for the refunded amount to be credited to your account. 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:

 

10.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

10.1.2 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 reasonable compensation for the net costs we will incur as a result of your breaking the contract depending on the date on which we end the contract.

 

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

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 telephone us at 07530 532239 or write to us at Megan Ferris, 94 Walton Street, London, SW3 2HH.

 

11.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

 

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us.

 

12 PRICE AND PAYMENT

 

12.1 Where to find the price for the product. The price of the product 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 12.4 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 you live outside of the United Kingdom. If you are purchasing the products from outside of the United Kingdom you will be responsible for all applicable sales taxes, import taxes and any other taxes or similar duties in force in the relevant country.

 

12.4 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 goods provided to you.

 

12.5 When you must pay and how you must pay. We accept payment via Stripe with Visa, MasterCard and American Express. Please note payments via Stripe are subject to Stripe's terms and conditions which are available on request to Stripe. You must pay for the products at the time you place your order on our website. We will not charge your credit or debit card until we dispatch the products to you.

 

12.6 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 3% a year above the base lending rate of Bank of England 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.

 

13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 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.

 

13.2 Limit on our liability. If we are responsible to you in respect of foreseeable loss and damage caused by us in accordance with clause 13.1, our total liability to you will be limited to the price paid by you under the contract in respect of the order out of which the foreseeable loss or damage arose.

 

13.3 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 as summarised at clause 11.2.

 

13.4 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.

 

14 INTELLECTUAL PROPERTY

 

14.1 All designs on products except where referenced are the creative work of us and are owned and remain the exclusive property of Megan Ferris.  The designs may not be reproduced, copied or otherwise.

14.2 We own any and all intellectual property in the products and arising out of the supply of the products by us to you, which shall include without limitation copyright and related rights, design rights, trade marks, business names and domain names, database rights, rights to use and all other intellectual property rights, in each case whether registered or unregistered.

 

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:

 

15.1.1 to supply the products to you;

15.1.2 to process your payment for the products via Stripe or otherwise;

15.1.3 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, and at all times in accordance with the Data Protection Act 1998 and any other UK data protection legislation in force from time to time and our Privacy Policy.

 

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 (except that you can always transfer our guarantee). 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, except as explained in clause 16.2 in respect of our guarantee. 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.

 

16.7 Questions, comments and requests regarding these terms and conditions are welcomed. Please email megan@meganferris.com.