Magical Things UK LTD- Terms And Conditions
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 & Conditions (or that they require any changes), please contact us by email to info@magicalthings.co.uk so as to advise us of the issue.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are ‘www.magicalthings.co.uk’ which is the trading name of Magical Things UK Ltd, a company limited by shares registered in England and Wales. Our company registration number is 14637648 and our registered office is at 20-22 Wenlock Road, London N1 7GU
1.2 You can contact us via the details (from time to time) available upon the web-page “contact us form” www.magicalthings.co.uk– or by email sent to: info@magicalthings.co.uk
1.3 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. When we use the words “writing” or “written” in these terms, this includes emails.
2. OUR CONTRACT WITH YOU
2.1 Our acceptance of your order will take place when we email (or otherwise contact) you to accept it, at which point a contract will come into existence between you and us.
2.2 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 / not currently available, because of unexpected limits on our resources which we could not reasonably plan for, because any credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to deliver the product within a reasonable timescale.
2.3 We will assign an order number / reference 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 / reference whenever you contact us about your order.
2.4 Our website is intended solely for the promotion of our products in the UK. Accordingly, we reserve our discretion not to accept orders from and / or deliver to addresses outside the UK.
3. OUR PRODUCTS
3.1 Any images of our products on our website are for illustrative purposes only. Although we have made every effort to display their appearance accurately, we cannot guarantee that a device’s display of their appearance accurately reflects the appearance of any products. Your product may vary slightly from those images.
3.2 Any packaging of the product may vary from that shown in images on our website.
3.3 If we are producing any product to your requirements that you have provided to us, you are responsible for ensuring that these requirements are correct and appropriate.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to any product you have ordered 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 product, 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 below – Your rights to end the contract).
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the products. We may change any product: (a) to reflect changes in relevant laws and regulatory requirements (from time-to-time); and (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of any product.
5.2 More significant changes to the products and these Terms & Conditions. In addition, as we informed you in the description of the product on our website, we may make more significant changes to the product and these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
5.3 Updates to digital content. We may update, or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. Any costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products.
(a) If any products are goods. If any products are goods we will contact you with an estimated delivery date or to agree a delivery date, which will be within a reasonable period after the day on which we accept your order.
6.3 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.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery 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 and clause 10.2 will apply.
6.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us (or you or a carrier organised by you collect it from us).
6.7 When you own goods. You own a product which is goods once we have received payment in full.
7. IF THERE IS A PROBLEM WITH THE PRODUCT
7.1 How to tell us about problems. If you have any questions or complaints about any product, please contact us.
You can email us at info@magicalthings.co.uk
7.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the italic text below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a physical / tangible product, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
• up to 30 days: if your goods are faulty, then you can get an immediate refund.
7.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at info@magicalthings.co.uk for a return label or to arrange collection.
8. PRICE AND PAYMENT
8.1 Where to find the price for the product. The price of the product (which includes VAT) 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 12.3 for what happens if we discover an error in the price of the product you order.
8.2 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.
8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we offer for sale 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.
8.4 When you must pay and how you must pay. We accept payment with most credit and debit cards (as specified upon our site from time to time). When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before we make them available for you to download them.
(c) For services, you must make an advance payment of the specified proportion of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them or we will invoice you periodically for the services until the services are completed. You must pay each invoice promptly after the date of the invoice.
8.5 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 and in a manner akin to that specified in the Late Payment of Commercial Debts (Interest) Act 1998 from time to time (and notwithstanding that such legislation may not otherwise apply to such debts). 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 judgement. You must pay us interest together with any overdue amount.
8.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information pursuant to the provisions set out in our privacy policy.
10. OTHER IMPORTANT TERMS
10.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree (at our discretion).
10.3 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. 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.
10.4 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.
10.5 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.
10.6 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. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.