Terms & Conditions
TERMS OF PURCHASE – AS AT [14/12/22]
These Terms of Purchase will apply to any contract between us for the sale of Products to you ("Contract"). Please read them carefully and make sure that you understand them before ordering any Products from us. Please note that before placing an order for Products ("Order") you will be asked to agree to these Terms of Purchase. If you refuse to accept these Terms of Purchase, you will not be able to order any Products from the Site.
We may amend these Terms of Purchase from time to time. Every time you wish to order Products, please check these Terms of Purchase to ensure you understand the legal terms and conditions which will apply at that time. You should print a copy of these Terms of Purchase or save them to your computer for future reference.
- INFORMATION ABOUT US
The website available at shop.grimmandco.co.uk ("the Site") is owned by Grimm & Co Ltd. (referred to in these Terms of Purchase as "our", "us" or "we"), a company registered in England and Wales under company number 8765731 and a charity registered in England and Wales with charity number 1154990 with our registered office at Grimm & Co, Ship Hill, Rotherham, S60 2HG and main trading address at Grimm & Co, Unit 20-21 Old T own Hall, Rotherham, S60 1QX.
2. CONTACTING US
(a) To contact us to cancel a Contract, please see clause 7.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning us on 01709 829750 or by emailing us at firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by telephone, email or by post to the address you provide to us in your Order (as defined below).
3. USE OF THE SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. SPECIFICATIONS OF PRODUCTS
5.1 Specifications of our Products which appear on the Site are intended only to give a general description and indication of the Products. Actual colours, sizes, weights, capacities and other specifications of Products indicated on the Site may vary from the specifications of the actual Products.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our shopping pages will guide you through the steps you need to take to place an Order with us. Our order process allows you to check and amend any errors before submitting your Order to us. Please read and check the details carefully at each stage of the order process.1
6.2 After you place an Order, you will receive an automated email from us acknowledging that we have received and accepted your Order. The Contract between us will only be formed when we send you the Order Confirmation.
6.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site (see clause 11.5(b)), we will inform you of this by email or phone and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. If the Product is part of an order containing multiple items, we will refund the individual Product, give you the option to exchange for another item or cancel the whole Order.
7. YOUR RIGHT TO CANCEL A CONTRACT
7.1 As a consumer, you have a legal right to cancel a Contract (and receive a refund) if you change your mind or decide for any other reason that you do not want to receive or keep a Product. Please note, this cancellation right does not apply in the case of personalised items, gift cards or any Products which are unsealed after their delivery.
7.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (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 the date 14 days after the day on which you receive the Product or, if the Products are delivered in instalments, 14 days after the day on which you receive the last instalment of the Products ordered.
7.4To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to copy and complete the cancellation form at the bottom of this page. If you use this method we will email you to confirm we have received your cancellation. You can also email us at email@example.com or contact us by telephone on 01709 829750 or by post to the above address. 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 email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
7.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. Products to be returned must clearly show the Order number of the original purchase on the package. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop;
(b) refund any delivery costs you have paid at the time of purchase, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer; and
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product, or if it has already been despatched: 14 days after the day on which we receive the Product back from you. For information about how to return a Product to us, see clause 7.6;
(ii) if the Product has not yet been despatched: 14 days after you inform us of your decision to cancel the Contract.
7.5 We will refund you in the same method used by you to pay. If you used a gift card or vouchers to pay for the Product we may refund you on that gift card or in vouchers.
7.6 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us (to the returns address set out in clause 7.9) without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and
(b) unless the Product is faulty or not as described (in this case, see clause 7.7), you will be responsible for the cost of returning the Products to us.
7.7 If you have returned the Products to us under this clause 7 because your Order was wrong, or if the Products are faulty or not as described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable delivery costs you incur in returning the item to us.
7.8 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms of Purchase. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.9 Our address for returns is: Grimm & Co, Unit 20-21 Old Town Hall, Rotherham, S60 1QX.
8. OUR RIGHT TO MAKE CHANGES
8.1 We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
8.2 In addition, if we informed you in the description of the Product on the Site, we may make those changes to the product, 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 such Products paid for but not received:
9.1 Delivery will normally be within 10 working days of the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your Order). Occasionally, our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
9.2 If you do not collect the Products from us as arranged, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract.
9.3 Delivery of an Order of goods shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9.5 If we miss the 10 working day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your Order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 9.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9.7 If you do choose to cancel your Order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10. INTERNATIONAL DELIVERY
10.1 We currently deliver to the following countries: UK, USA, Canada and Australia.
10.2 If you order Products from our Site for delivery outside the UK, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on the Site at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any Order you have already placed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your Order. To check relevant delivery charges, please refer to our Shipping & Returns page (available here).
11.5 It is always possible that, despite our efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you. However, 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; and
(b) if the Product's correct price is higher than the price stated on the Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing.
12. HOW TO PAY
12.1 You can pay for Products using the following methods: Debit Card or Credit Card, Google Pay, Apple Pay, Amazon Pay, PayPal and Shop Pay and Gift Cards. We accept the following cards: Visa, Mastercard, Maestro, Diners Club, Discover, AMEX.
12.2 Payment for the Products and all applicable delivery charges is in advance before Products are despatched.
12.3 Gift Vouchers/Cards:
12.4 If using your Gift Card in the shop: Present this voucher to a Shop Elf at time of purchase. The voucher can only be used as full payment. No change or refund will be given.
12.5 Gift vouchers are void once redeemed and must be surrendered to the Shop Elf at time of use.
12.6 If using your Gift Card online: Enter your unique gift card code in the Promo Code box at checkout, before continuing to payment. The voucher can only be used as full or part payment, in multiple transactions until the full amount is spent.
12.7 Gift card is void once redeemed.
12.8 This gift voucher can be redeemed in Grimm & Co Apothecary to the Magical or online at grimmandco.co.uk as full payment towards our products or services.
12.9 Gift card purchased through our website will be sent to you by email. Please ensure that the email is typed correctly as Grimm & Co cannot be held responsible for incorrectly supplied information.
12.10 Gift vouchers/cards may be used for payment of goods of a higher price than the gift voucher/card value, on payment of the difference.
12.11 Protect the gift voucher and treat it as cash. No liability is accepted for lost or stolen vouchers.
12.12 The gift voucher is exempt from Grimm & Co’s Standard Returns Policy. It is non-refundable, non-transferable, and cannot be exchanged for cash, rocking horse poo, hen’s teeth, or any other method of magical currency.
12.13 We reserve the right to amend the terms and conditions or discontinue the voucher at any time. This does not affect your statutory rights.
12.14 Grimm & Co reserves the right to refuse to accept any gift voucher payment where it deems that a gift voucher has been tampered with, duplicated or where it is otherwise suspected to be affected by fraud.
12.15 A gift voucher is for personal use only and it may not be used for commercial purposes (including, but not limited to, resale) without Grimm & Co’s prior written consent.
12.16 Use of this gift voucher/card constitutes acceptance of the voucher terms and conditions.
12.17 Issuer: Grimm & Co Ltd., Ship Hill, Rotherham, S60 2HG, United Kingdom, MORTAL REALM
13. OUR LIABILITY TO YOU
13.1 If we fail to comply with these Terms of Purchase, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Purchase or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. 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 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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract 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.
14.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel such a Contract, please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid for the Products and initial delivery cost.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Purchase. We will always notify you in writing or by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms of Purchase to another person if we agree to this in advance in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these Terms of Purchase operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms of Purchase, 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.
15.6 These Terms of Purchase are governed by English law and are available only in English. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute or claim arising under these Terms of Purchase.
Annex – Model cancellation form
To Grimm & Co Ltd., Unit 20-21 Old Town Hall, Rotherham, S60 1QX, firstname.lastname@example.org.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
Grimm & Co is a Charity Registered in England and Wales number 1154990.
Its trustee is The Grimm & Co Limited, a company limited by guarantee registered in England and Wales number 8765731.
Registered office: Grimm & Co, Ship Hill, Rotherham, S60 2HG