Terms and conditions of sale

1.      Introduction

1.1    These terms and conditions shall govern the sale and purchase of products through our website.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2.      Interpretation

2.1    In these terms and conditions:

(a)    "we" means Cocomay Handmade and

(b)    "you" means our customer or prospective customer,

        and "us", "our" and "your" should be construed accordingly.

3.      Order process

3.1    The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3    To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping basket, then proceed to the checkout to confirm your order and make payment. We will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

4.      Prices

4.1    Our prices are quoted on our website.

4.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

4.3    In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

5.      Payments

5.1    You must, during the checkout process, pay the prices of the products you order.

5.2    Payments may be made by debit or credit card.

5.3    If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

5.4    If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

 (d)   all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

6.      Deliveries

6.1    Our policies and procedures relating to the delivery of products are set out in this Section 7.

6.2    We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

6.3    We will use reasonable endeavours to deliver your products within 14 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

6.4    We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

6.5    We will only deliver products to addresses in the UK and Europe.

7.      Returns & Exchanges

7.1    If for any reason you wish to return a product please notify us within 7 days of delivery, return the goods in a condition that we can sell as new and we will arrange either a refund or an exchange.

7.2    Returns of personalised goods will not be accepted.

8.      Limitations and exclusions of liability

8.1    Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

8.2    The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)    are subject to Section 10.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

8.3    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.4    Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

9.      Scope

9.1    These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

9.2    These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

9.3    These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

10.    Variation

10.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

10.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

11.    Assignment

11.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].

11.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

12.    No waivers

12.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

12.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

13.    Severability

13.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14.    Third party rights

14.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

15.    Entire agreement

15.1  Subject to Section 10.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

16.    Law and jurisdiction

16.1  These terms and conditions shall be governed by and construed in accordance with English law.

16.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

17.    Statutory and regulatory disclosures

17.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

17.2  These terms and conditions are available in the English language only.

17.3  The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.[ The online dispute resolution platform may be used for resolving disputes.]

18.    Our details

18.1  This website is owned and operated by www.squarespace.com.

18.2  Our principal place of business is at 19 Wendover Drive, New Malden, Surrey, KT3 6RN, United Kingdom.

18.3  You can contact us:

(a)    by post, using the postal address given above;

(b)    using our website contact form;

(e)    by email, using the email address published on our website from time to time.