General Website Terms and Conditions of Use
General Website Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you) and the Supplier (or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer – means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract – means the legally-binding agreement between you and us for the supply of the Goods;
5. Durable Medium – means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
6. Goods – means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
7. Order – means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
8. Privacy Policy – means the terms which set out how we will deal with confidential and personal information received from you via the Website;
9. Website – means our website www.pennysavingmum.com on which the Goods are advertised.
Goods
10. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
11. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. This includes providing your correct email address for the sending of our digital downloadable products to you as the customer.
12. All Goods which appear on the Website are subject to availability.
13. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal Information
14. We retain and use all information strictly under the Privacy Policy.
15. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
16. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
17. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
18. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
19. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
20. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.
Price and Payment
21. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
22. Prices and charges include VAT at the rate applicable at the time of the Order.
23. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
24. All the Goods supplied via our website are currently only digital downloadable files. Therefore, it is of high importance that you as the customer check and verify your email address before placing any order whatsoever with us as a Supplier. We cannot be liable under any circumstances for incorrect email addresses being entered and a new order may have to be placed at the customers expense should the customer make an error in the spelling of their email address.
Risk and Title
25. Risk of damage to, or loss of, any Goods will pass to you when the Goods are electronically delivered to you.
Refunds
26. Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
27. For further information on our terms and conditions for the sale of digital downloads, please see our Terms and Conditions document for Downloadable Digital Products which can be found on our website.
Conformity
28. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
29. Upon delivery, the Goods will:
a. Be of satisfactory quality;
b. Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c. Conform to their description.
30. It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
31. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
32. In the event of any failure by a party because of something beyond its reasonable control:
a. The party will advise the other party as soon as reasonably practical; and
b. The party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery.
Privacy
33. Your privacy is critical to us here at Penny Saving Mum. We respect your privacy and comply with the General Data Protection Regulation with regards to your personal information.
34. These Terms and Conditions should be read alongside, and are in addition to our other policies including our privacy policy, cookies policy and downloadable digital products terms and conditions; all of which can be found on our website www.pennysavingmum.com
35. For the purpose of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
36. We are a Data Controller of the Personal Data we Process in providing Goods to you.
37. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws;
a. Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. We will only Process Personal Data for the purposes identified;
c. We will respect your rights in relation to your Personal Data; and
d. We will implement technical and organisational measures to ensure your Personal Data is secure.
38. For any enquiries or complaints regarding data privacy, you can e-mail: enquiries@pennysavingmum.com
Governing law, jurisdiction and complaints
39. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
40. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives elsewhere, in their regional courts respectively.
Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en