Our Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event outside our control is defined in clause 10.2;
(b) Products: the goods that we are selling to you as set out in the order.
(c) Order: your order for the products and/or services.
(d) Services: the services that we are providing to you (if any) as set out in the order.
(e) Terms: the terms and conditions set out in this document; and
(f) We/Our/Us: Waymayka Limited registered in England under company number 9748944, Registered office: vimy Road Bedfordshire
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you (and referring you to other websites)
2.1 These are the terms and conditions on which we supply products, or services, or both products and services, to you.
2.2 Please ensure that you read these terms carefully, and check that the details on the order and in these terms are complete and accurate, before you submit the order.
2.3 When you submit the order to us, this does not mean we have accepted your order for products and/or Services. Our acceptance of the order will take place as described in clause 2.4. If we are unable to supply you with the Products and/or Services, We will inform you of this and We will not process the Order.
2.4 These Terms will become binding on you and Us when We issue you with an email/written acceptance of an Order, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the confirmed Order, the Order will take priority.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7 Our website is solely for the promotion of Our Products in the UK.
2.8 The images of the Products on Our website and emails are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.9 If you wish to cancel your Contract with Us, please refer to clauses 7 and 12 for details on how to do this.
3. Changes to order or terms
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) business efficiency or other business reasons.
3.2 We have the right at our absolute discretion at any time and without notice to amend, remove or vary the Products and/or any page of our website
3.3 You may make a change to the Order for Products and/or Services at any time before We despatch the Products or before the start date for the Services by contacting Us, except in the case of made-to-measure Products. Where this means a change in the total price of the Products and/or Services, we will notify you of the amended price in writing. You can choose to cancel the Order in the way set out in clause 12, in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 12.
4. Delivery of goods
4.1 Our standard delivery charge for orders valued at less than £100 is FREE This applies to addresses in the mainland UK only. For deliveries to the Scottish Highlands and Islands, Northern Ireland, the Channel Islands, Isle of Man and other offshore UK areas please contact us on firstname.lastname@example.org
4.2 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Please allow for extra time for deliveries to the Scottish Highlands and Islands and other offshore areas.
4.3 We will contact you to let you know when your Product is dispatched and with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 11 for Our responsibilities when this happens. If we cannot fulfil your Order within 30 days of our email/written acceptance of your Order, we will notify you of this. If this is not acceptable to you, you may cancel the Contract in accordance with clause 12.
4.4 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us.
4.5 If no one is available at your address to take delivery, the delivery company will leave you a note that they have attempted delivery and with details of how to organise redelivery.
4.6 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate Contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.7 The Products will be your responsibility from the completion of delivery.
4.8 You own the Products once We have received payment in full.
5. If the goods are faulty
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. See also 8.3 below.
6. Goodwill guarantee of goods
6.1 If you are unhappy with the Products for any reason or you change your mind, they may be returned to Us. You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your legal right to cancel the Contract starts from the date on which we email you to confirm our acceptance of your Order, which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which you receive the Products. To cancel a Contract, please refer to the process included within clause 12.3 of these Terms. You may also make a request for a return by emailing us at email@example.com or by calling Us. We will give you a return merchandise authorisation (RMA) number and We will arrange for you to send back the Product to Us or We will collect it in some circumstances.
6.2 If you cancel the Contract We will refund you the price you paid for the Product. The Product must be unused, in its original packaging and be fit for resale. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Product, 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 Product and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.
6.3 If you cancel the Contract We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
•(a) if you have received the Product and we have not offered to collect it from you: 14 days after 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.
•(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
6.4 This guarantee is in addition to your legal rights in relation to any Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. If there is a problem with the Product (or Services)
7.1 In the unlikely event that there is any defect with the Product (or Services):
•(a) please contact Us and tell Us as soon as reasonably possible;
•(b) please give Us a reasonable opportunity to repair or fix any defect; and
7.2 If you consider a Product is faulty or not as described or if the wrong Product has been delivered then please provide a description of the fault/damage (by reference to photographs if possible) in writing.
7.3 As a consumer, you have legal rights in relation to Services provided by Us which have not been carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. Price and payment and VAT
8.1 The price of the Products and/or the Services will be set out on our website and at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
8.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Products and/or Services in full before the change in the rate of VAT takes effect.
8.3 If you qualify for VAT relief (in relation to chronic illness) on any Order you will inform Us and provide all necessary information in writing (which you agree We may record and retain).
8.4 The prices for the Products exclude post/packing/delivery costs, which will (where relevant) be added to the total amount due. The normal free postage and packing
8.5 It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Products' correct price is less than Our stated price, we will charge the lower amount when dispatching the Products to you. If the Products' correct price is higher than the price stated on Our website, we will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
8.6 Where We are providing Products to you, you must make payment for Products in advance by credit or debit card. We accept payment with all major credit and debit cards.
8.7 If you do not make any payment due to Us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays 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.
9. Our liability to you
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 breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Losses or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and Us at the time We entered into the Contract.
9.2 We only supply the Products and/or Services for domestic and private use. You agree not to use the Products and/or Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We accept no responsibility for third party websites to which this website may link, or to which We may refer you (in the way described in clause 2.9). Also these Terms do not regulate the supply of services and/or products performed by third parties that appear on this website through links, banners or other hypertext links, therefore under no circumstance shall We be liable for services and/or products supplied to you by such third parties.
9.4 We do not exclude or limit in any way Our liability for:
•(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
•(b) fraud or fraudulent misrepresentation;
•(c) breach of the terms implied by section 12 of the Sale of Products Act 1979 and by section 2 of the Supply of Products and Services Act 1982 (title and quiet possession);
•(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 and sections 3, 4 and 5 of the Supply of Products and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
•(e) defective products under the Consumer Protection Act 1987.
10. Events Outside Our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
10.4 You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Products and/or Services. Please see your cancellation rights under clause 12. We will only cancel the Contract if the Event Outside Our Control continues for longer than 6 weeks in accordance with Our cancellation rights in clause 13.
11. Your rights to cancel and applicable refund
11.1 Before We dispatch the Products, you have the following rights to cancel an Order for Products (other than made-to-measure Products) including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
•(a) You may cancel any Order for Products and/or Services (other than made-to-measure Products) at any time before We despatch the Products by contacting Us.
•(b) If you cancel an Order under clause 12.1(a) and you have made any payment in advance for Products that have not been delivered to you or Services that have not been provided to you, We will refund these amounts to you.
•(c) However, if you cancel an Order involving Services under clause 12.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
•(d) Unfortunately, if you cancel an Order for Products under clause 12.1(a) and We have already despatched your Products to you, We will not be able to cancel your Order until it is delivered. In this case, you must return the Products to Us without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the order. We may at our absolute discretion have to charge you the cost of collection or you may have to pay the cost of returning the Products back to Us. This will not affect your refund for the Products, but any charge for collection will be deducted from the refund that is due to you.
11.2 Unfortunately, as any made-to-measure Products are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure products that are faulty or not as described).
11.3 To cancel in accordance with your legal right to do so, you just need to let Us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on Our website. If you use this method We will e-mail you to confirm we have received your cancellation. You can also contact Us by e-mail, telephone or post at the addresses provided in clauses 13.2 and 11.3 of these Terms. If you are emailing Us or writing to Us please include details of your order to help Us to identify it. If you send Us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send Us the e-mail or post the letter to Us.
11.4 If you wish to contact us for any other reason, including because you have any complaints, you can contact Us on the telephone number and email address provided in clause 13.2 of these Terms.
12. Our rights to cancel and applicable refund
12.1 If We have to cancel an order for products (including made-to-measure Products) and/or services before the services start or the products are delivered:
(a) We may have to cancel an order before the start date for the Services or before the Products are delivered, due to an event outside our control or the unavailability of stock or (in the case of Services) key personnel or key materials without which we cannot provide the services. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 12.1(a) and you have made any payment in advance for Services that have not been provided to you, or products that have not been delivered to you, we will refund these amounts to you.
(c) Where We have already started work on your order for services or made-to-measure products by the time. We have to cancel under clause 12.1(a), We will not charge you anything and you will not have to make any payment to us.
13. Information about us and how to contact us
13.1 We Waymayka Limited are a company registered in England and Wales. Our company registration number is 9748944
13.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team by e-mailing us at firstname.lastname@example.org.
13.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the Order), you can send this to Us by emailing email@example.com. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the order.
14. Your personal information and how we may use it
14.1 We will use the personal information you provide to Us to:
(a) provide the Products and/or Services;
(b) process your payment for such Products and/or Services; and
(c) inform you about similar products or services that We or companies with whom We collaborate provide or provide you with information We consider you may find useful, but you may stop receiving these at any time by contacting Us.
14.2 We will not give your personal data to any company outside of the Waymayka group of companies (except as mentioned in clause 14.6).
14.3 We will never collect sensitive personal information about you (or anyone for whom you purchase products) without your explicit consent. However you do agree that We may record and retain any information provided by you with a view to qualifying for VAT relief (in relation to chronic illness) on any Order
14.4 We will endeavour to keep the information We hold accurate and up to date. You can check the information that We hold about you by emailing Us. If you find any inaccuracies, we will delete or correct it promptly.
14.5 The personal information which we hold will be held securely in accordance with our internal security policy and the law.
14.6 Where you have requested information in relation to another company or a service. We will share your information including personal data and (where you have specifically consented) sensitive personal data, with the relevant company.
15. Other important terms
15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
15.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
15.3 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.
15.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
15.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
To: Waymayka Limited firstname.lastname@example.org
I [ ] hereby give notice that I [ ] cancel my contract of sale of the following products [ ]/for the supply of the following services [ ].
Ordered on [ ] received on [ ].
Name of consumer:
Address of consumer:
Signature of consumer: