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WILLOW AND TWIGG - TERMS AND CONDITIONS



SECTION 1: ABOUT

1.1     These terms and conditions (the "Terms and Conditions", “Terms”) govern the use of www.willowandtwigg.com (“Our Site"). Our Site is operated by Willow and Twigg, under the ownership and management of Kelly Twigg. Throughout the site, the terms “we”, “us” and “our” refer to Willow and Twigg.

1.2      These Terms and Conditions are the contract between you and Willow and Twigg (“us”, “we”, etc). Please read these Terms carefully before accessing or using Our Site. By accessing or using any part of Our Site and/or purchasing something from us, you agree to be bound by these Terms.

1.3      If you do not agree to all the Terms of this agreement, then you may not access the website or use any services and you should leave Our Site immediately.

1.4      If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

I/We are Willow and Twigg.

You are: Anyone who uses Our Site.

1.5      These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

1.6      Our e-commerce store is hosted on this website by Storefront. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 


SECTION 2: DEFINITIONS

2.1      In this agreement:
  • “Our Site” means www.willowandtwigg.com and includes all web pages controlled by us.
  • “Content” means any content in any form published on Our Site by us or any third party with our consent.
  • “Goods” means any of the goods we offer for sale on Our Site, or, if the context requires, goods we sell to you.
  • "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

SECTION 3: INTELLECTUAL PROPERTY

3.1      All Content published and made available on Our Site is the property of Kelly Twigg and Our Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of Our Site.

3.2      This Content may not be copied or reproduced in any way without first seeking our permission. 

3.3      You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

3.4      You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.


SECTION 4: ACCEPTABLE USE

4.1      As a user of Our Site, you agree to use Our Site legally, not to use Our Site for illegal purposes, and not to:
  • Harass or mistreat other users of Our Site;
  • Violate the rights of other users of Our Site;
  • Violate the intellectual property rights of Our Site owners or any third party to Our Site;
  • Hack into the account of another user of Our Site;
  • Act in any way that could be considered fraudulent; or
  • Post any material that may be deemed inappropriate or offensive.
4.2      If we believe you are using Our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to Our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing Our Site.


SECTION 5: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
 
5.1      We are not responsible if information made available on Our Site is not accurate, complete or current. The material on Our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on Our Site is at your own risk.
 
5.2      Our Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

5.3      We reserve the right to modify the contents of Our Site at any time, but we have no obligation to update any information on Our Site. You agree that it is your responsibility to monitor changes to Our Site. 

5.4      Occasionally there may be information on Our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

5.5      We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on Our Site is inaccurate at any time without prior notice (including after you have submitted your order).


SECTION 6: ACCOUNTS

6.1      We want you to know how we handle the information you send us via the internet.

6.2      Accounts require a valid email address. Telephone numbers are optional and used only if there is a problem with the order. The email address is used to confirm an online order, notify that an order has been shipped or respond to a sender’s email query.

6.3      We retain account information provided by our visitor, transaction information (e.g. dates on which customers made purchases, amounts and types of purchases) and contact information.

6.4      By using Our Site, you consent to all of these uses of your data.

6.5      When you create an account on Our Site, you agree to the following:
  • You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account;
  • All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
6.6      We reserve the right to suspend or terminate your account if you are using Our Site illegally or if you violate these Terms and Conditions.


SECTION 7: SALE OF GOODS

7.1      These Terms and Conditions govern the sale of Goods available on Our Site.

7.2      The following Goods are available to purchase on Our Site:
  • Jewellery & Accessories.
7.3      We are under a legal duty to supply goods that match the description of the good(s) you order on Our Site.

7.4      These Terms and Conditions apply to all the Goods that are displayed on Our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our Goods are as accurate as possible. 

7.5      We have made every effort to display as accurately as possible the colours and images of our products that appear on Our Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

7.6      We are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all Goods we provide. You agree to purchase Goods from Our Site at your own risk. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

7.7      The price of Goods may be changed by us at any time without notice. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

7.8      We may change these Terms from time to time. The Terms that apply to you are those posted here on Our Site on the day you order Goods. 

7.9      If you use Our Site in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

7.10      We reserve the right to modify, reject or cancel your order whenever it becomes necessary, and reserve the right to do so without giving prior warning or providing a reason.

7.11      In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made.

7.12      We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

7.13      If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

7.14      We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

7.15      We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

7.16      We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

7.17      We reserve the right to discontinue any product at any time. Any offer for any product or service made on Our Site is void where prohibited.


SECTION 8: PAYMENTS

8.1      We accept the following payment methods on Our Site:

  • Credit Card;
  • Debit Card; and
  • PayPal

8.2      When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

8.3      Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

8.4      If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

8.5      The price payable for the Goods that you order is clearly set out on Our Site.

8.6      It is possible that the price may have increased from that posted on Our Site. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

8.7      If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.


SECTION 9: SHIPPING AND DELIVERY

9.1      The usual processing time for an order (excluding bespoke, custom, altered, personalised and ‘made to order’) is 1-3 working days, with items often processed and despatched on the same or next working day.

9.2      If, for whatever reason, there is any likelihood that this processing time could be extended then the customer will be contacted as soon as possible.

9.3      Any bespoke, custom, altered, personalised or ‘made to order’ items will have varying processing and despatch times according to the nature of the work involved in producing them, and an estimate will be provided and agreed by the customer before such an order is placed.

9.4      When you purchase Goods from Our Site, the Goods will be delivered through one of the following methods:

  • Standard delivery by post (usually Royal Mail Tracked 24). Delivery usually takes 2-4 business days. Included with all orders for no extra charge;
  • Optional upgraded delivery by post (usually Royal Mail Special Delivery). Delivery usually takes 1-2 business days. Additional fee applies at checkout.

9.5      Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances and cannot be guaranteed. Please note that delivery times do not include weekends and bank holidays.

9.6      All orders will be despatched as quickly as possible, therefore any optional upgrades in shipping method chosen by the customer will be for the purposes of achieving higher priority and more accurate tracking within the mail system itself, rather than a faster processing time from us.

9.7      You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

9.8      Buyers are responsible for any customs and import taxes that may apply. We are not responsible for delivery delays due to customs.


SECTION 10: RIGHT TO CANCEL 

10.1      If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice. The cancellation period:

  • Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together; or
  • Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or
  • Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.

10.2      To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period.

10.3      To cancel, contact us by email at orders@willowandtwigg.com or by post at 8 Alvercliffe Drive, Gosport, PO12 2NB. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so.

10.4      The right to cancel does not apply to:
  • Bespoke or Custom orders, and items that have been specially altered or personalised;

SECTION 11: EFFECTS OF CANCELLATION

11.1      You may cancel your order at any time within 14 days of the date you ordered the Goods. 

11.2      You must tell us that you wish to cancel. 

11.3      We are unable to cancel orders that have already been dispatched. Once you have received your Goods, you have 14 days from receipt to return them (as per the terms laid out in our returns policy, detailed in the relevant section below). 

11.4      If you cancel your contract with us and the Goods have already been sent to you, then you must return the Goods to us as soon as possible after informing us of your decision to cancel.

11.5      You will be responsible for the cost of returning the goods. 

11.6      When returning Goods we strongly advise you to obtain proof of posting. We also recommend using Special Delivery or Tracked Royal Mail services for insurance purposes.

11.7      We cannot be responsible for any for any returned items until they reach us, and are not responsible for any damage or loss to the Goods that occurs before this point, including while the Goods are in transit.

11.8      If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer.

11.9      Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the Goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the Goods.

11.10      We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any Goods supplied or 14 days after you provide proof that you have returned the Goods. 

11.11      We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.

11.12      This right to cancel and to reimbursement is not affected by any return or refund policy we may have. These are detailed below.


SECTION 12: LIABILITY FOR SUBSEQUENT DEFECTS

12.1      Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.

12.2      The procedure to return any faulty Goods is as follows:

12.3      Please inform us by email at orders@willowandtwigg.com of your discovery of any defect or fault, telling us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.

12.4      The Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.

12.5      If any defect is found, then we shall:
  • repair or replace the Goods, or;
  • refund the full cost you have paid, including the cost of returning the Goods.
12.6      We will return your money subject to the following conditions:
  • we receive the Goods with labels and packaging intact;
  • you comply with our returns procedure. 
12.7      We are not liable for any subsequent damage to the Goods as a result of fair wear and tear, misuse, accidental damage or improper handling, storage or care, contrary to that advised in the care instructions provided with the Goods.


SECTION 13: RETURNS & EXCHANGES

13.1      In the unlikely event that you are unhappy with your online purchase, you can return the item(s) to us for refund or exchange within 14 days of receipt of order, providing the goods are returned in perfect condition and have not been worn. 

13.2      Please be aware that we do not refund postage or courier fees incurred for unwanted items.

13.3      Refund requests must be made within 14 days after receipt of your goods.

13.4      Refunds do not apply to the following goods:
  • Personalised Items;
  • Bespoke/made to order/specially altered Items; and
  • Earrings with non-removable ear wires or posts (unless faulty).

SECTION 14: RETURNS PROCEDURE

14.1      Please email orders@willowandtwigg.com to let us know you wish to exchange or return, so we know to expect your parcel and can process your request efficiently.

14.2      Returns can be made by mail. To return Goods by mail, follow the following procedure:
  • Goods must be sent back in a fully 're-saleable' condition - i.e. unworn and unaltered, in the original box and packaging;
  • If the item is not returned in its original condition, the buyer is responsible for any loss in value;
  • When returning items we strongly advise you to obtain proof of posting. We also recommend using Special Delivery or Tracked Royal Mail services for insurance purposes as we cannot be responsible for any returned Goods until they reach us;
  • We are not responsible for any damage or loss to the Goods that occurs before this point, including while the Goods are in transit;
  • In such situations proof of postage will be required by the customer to make a claim with Royal Mail or any other courier used.
14.3      As soon as the returned Goods are received a refund will be issued.


SECTION 15: CONSUMER PROTECTION LAW

15.1      Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. 

15.2      These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions
and that legislation, the mandatory provisions of the legislation will apply.


SECTION 16: LINKS TO OTHER WEBSITES

16.1      Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on Our Site. 

16.2      It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.


SECTION 17: LIMITATION OF LIABILITY

17.1      Kelly Twigg and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of Our Site.


SECTION 18: INDEMNITY

18.1      Except where prohibited by law, by using Our Site you indemnify and hold harmless Kelly Twigg and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of Our Site or your violation of these Terms and Conditions.


SECTION 19: APPLICABLE LAW

19.1      These Terms and Conditions are governed by the laws of the Country of England.


SECTION 20: ADDITIONAL TERMS

20.1      If any items are reported as damaged or broken upon receipt, photographic evidence must be provided in order to allow the appropriate next steps to be taken.


SECTION 21: SEVERABILITY

21.1      If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions.

21.2      All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.


SECTION 22: CHANGES TO THESE TERMS

22.1      You can review the most current version of the Terms and Conditions at any time at this page.

22.2      These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate Our Site and the way we expect users to behave on Our Site.

22.3      We will notify users by email of changes to these Terms and Conditions or post a notice on Our Site.

22.4      It is your responsibility to check Our Site periodically for changes. Your continued use of or access to Our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

22.5      Any new features or tools which are added to Our Site shall also be subject to these Terms and Conditions.

22.6      The terms that apply to you after purchasing Goods from Our Site are those posted here on the day you order said Goods.





 


If you wish to cancel your contract of sale with us you may either email us directly, complete and submit the form below, or print a hardcopy of the form and post it back to us at the given address;


Address: 8 Alvercliffe Drive, Gosport, Hampshire


Email: orders@willowandtwigg.com

 

Cancellation Form




If you have any general questions about the Site or the information in these Terms and Conditions, you can contact us at info@willowandtwigg.com



Last Modified:  17 Feb 2022.
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