Website Terms & Conditions (Business to Customer – Goods)
Our trading address is Frankenskein Yarn Company, Flat 7, Foundry House, 21 Foundry Row, Redruth, Cornwall TR15 1AN. We do not currently hold a VAT number as earnings are currently under the legal threshold for obtaining a number.
1. THESE TERMS
1.1 These are the terms and conditions on which We supply Products to You.
1.2 Please note, these Terms can potentially change at any time, and it is up to You to check these Terms regularly before ordering Products in case there are any changes. If You do not agree with the Terms set out below, You should not use or access the Site. If You have any queries relating to our Terms, please contact the customer services team at email@example.com before placing an order.
1.3 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, please contact Us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 You can contact Us by telephoning our customer services team at +44 7702501155 or by writing to Us at firstname.lastname@example.org.
2.2 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.
2.3 “Writing” includes emails. When We use the words “writing” or “written” in these Terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of Your order will take place when We email You to accept it, at which point a Contract will come into existence between You and Us.
3.2 If We are unable to accept Your order, We will inform You of this via the email address that was provided to Us at time of order and will not charge You for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which We could not reasonably plan for, because We have identified an error in the price or description of the Product or because We are unable to meet a delivery deadline You have specified.
3.3 We will assign an order number 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 whenever You contact Us about Your order.
3.4 Our website is solely for the promotion of our Products in the UK, some countries in the EU, North America, Australia, New Zealand and some countries in Asia. For more information about this, please see the FAQ pages on shipping. If Your country is not listed in the FAQs, we will not deliver to addresses in those countries.
4. OUR PRODUCTS
4.1 The images of the Products on our website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. Although We have made every effort to be as accurate as possible, because our Yarn and fibre Products are hard processed and handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.2 The packaging of the Product may vary from that shown in images on our website. This could be that our suppliers have changed their branding and/or packaging or Frankenskein Yarn Company has changed it’s branding and/or packaging.
4.3 If We are making a Product to specifications You have given to Us, You are responsible for ensuring that the information provided to Us is correct. All custom items are non-refundable. If We have taken a deposit for Your order and You wish to cancel before work has commenced, You are entitled to a 100% refund for the deposit. However, if Frankenskein Yarn Company has commenced work on Your custom order and You wish to cancel, a small fee will be deducted from the entitled refund to cover the cost of materials and restocking. This fee will be no more than 10% of the refundable deposit.
5. YOUR RIGHTS TO MAKE CHANGES
If You wish to make a change to the Product You have ordered please contact Us immediately. 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 for Your rights to end the Contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may make minor changes to the Product:
We informed You in the description of the Product on our website, We may make the following 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 Products paid for but not received:
(a) Any changes to colour ways or materials will not impact current orders as these items are in stock and ready to ship. This applies to any product marked as ‘In Stock’ or ‘Available’. However, Frankenskein Yarn Company reserves the right to change names, materials and colours of products provided on the site as We see fit.
(b) In the event that Frankenskein Yarn Company cannot meet the terms of the original order, We will contact you to offer a replacement or an alternative. You are not required to accept the replacement or alternative. Should You decide not to proceed with the order, it will be cancelled with a full refund issued.
6.2 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.
7. PROVIDING THE PRODUCTS
7.1 The costs of delivery will be as displayed to You on our website. Should the cost of the postage charged to You, the customer, exceed the actual cost of postage charged to Frankenskein Yarn Company, at time of shipping, a refund for the difference above £1.50 will be refunded. We endeavour to save on postage where possible.
7.2 During the order process We will let You know when We will provide the Products to You. We will deliver Your Products to You as soon as reasonably possible and in any event within 30 days after the day on which We accept Your order OR We will contact You with a delivery date, which will be within 30 days after the day on which We accept Your order.
7.3 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.
7.4 If no one is available at Your address to take delivery and the Products cannot be posted through Your letterbox, the parcel/mail carrier will leave You a note informing You of how to rearrange delivery, collect the Products from a local depot, or, in the event that the parcel was left in a safe place, where the parcel was left. Frankenskein Yarn Company is not responsible for any deliveries that were elected to be left in a safe place or with a neighbour/friend.
7.5 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.
7.6 You have legal rights if We deliver any Products late. If We miss the delivery deadline for any Products then You may treat the Contract as at an end 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. However, the delivery deadline must be reasonable. Next day delivery or expedited delivery carries an additional cost at time of product purchase.
7.7 If You do not wish to treat the Contract as at an end straight away, or do not have the right to do so under Clause 7.7, You can give Us a new deadline for delivery, which must be reasonable, and You can treat the Contract as at an end if We do not meet the new deadline.
7.8 If You do choose to treat the Contract as at an end for late delivery under Clause 7.7 or 7.8, You can cancel Your order for any of the Products or reject Products that have been delivered. If You wish, You can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that We will refund any sums You have paid to Us for the cancelled Products and their delivery. If the Products have been delivered to You, You must post them back to Us. We will pay the costs of postage or collection. Please email Us at email@example.com for a return label or to arrange collection.
7.9 A Product will be Your responsibility from the time We deliver the Product to the address You gave Us at the time of purchase.
7.10 You own a Product once We have received payment in full.
7.11 We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product as requested by You or notified by Us to You (see Clause 6).
7.12 We will contact You in advance to tell You We will be suspending supply of the Product, unless the problem is urgent or an emergency. If We have to suspend the Product for longer than 30 days in any 2 month period We will adjust the price so that You do not pay for Products while they are suspended. You may contact Us to end the Contract for a Product if We suspend it, or tell You We are going to suspend it, in each case for a period of more than 3 months and We will refund any sums You have paid in advance for the Product in respect of the period after You end the Contract.
7.13 If You do not pay Us for the Products when You are supposed to (see Clause 12.4) and You still do not make payment within 14 days of Us reminding You that payment is due, We may suspend supply of the Products until You have paid Us the outstanding amounts. We will contact You to tell You We are suspending supply of the Products. We will not suspend the Products where You dispute the unpaid invoice (see Clause 12.6). We will not charge You for the Products during the period for which they are suspended. As well as suspending the Products We can also charge You interest on Your overdue payments (see Clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights when You end the Contract will depend on what You have bought, whether there is anything wrong with it, how We are performing and when You decide to end the Contract:
(a) If what You have bought is faulty or misdescribed You may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of Your money back), see Clause 11;
(b) If You want to end the Contract because of something We have done or have told You We are going to do, see Clause 8.2;
(c) If You have just changed Your mind about the Product, see Clause 8.3. You may be able to get a refund if You are within the cooling-off period, but this may be subject to deductions and You will have to pay the costs of return of any Products;
(d) In all other cases (if We are not at fault and there is no right to change Your mind), see Clause 8.6.
8.2 If You are ending a Contract for a reason set out at (a) to (e) below the Contract will end immediately and We will refund You in full for any Products which have not been provided and You may also be entitled to compensation. The reasons are:
(a) We have told You about an upcoming change to the Product or these Terms which You do not agree to (see Clause 6.2);
(b) We have told You about an error in the price or description of the Product You have ordered and You do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(d) We have suspended supply of the Products for technical reasons, or notify You We are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(e) You have a legal right to end the Contract because of something We have done wrong (including because We have delivered late (see Clause 7.7).
8.3 Exercising Your right to change Your mind (Consumer Contracts Regulations 2013). For most Products bought online You have a legal right to change Your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
8.4 You do not have a right to change Your mind in respect of:
(a) Custom dyed or crafted items ;
(b) digital Products after You have started to download;
(c) Products sealed for health protection or hygiene purposes, once these have been unsealed after You receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after You receive them; and
(e) any Products which become mixed inseparably with other items after their delivery.
8.5 You have 14 days after the day You (or someone You nominate) receives the Products, unless:
(a) Your Products are split into several deliveries over different days. In this case You have until 14 days after the day You (or someone You nominate) receives the last delivery to change Your mind about the Products.
(b) Your Products are for regular delivery over a set period (for example subscription yarn or fibre deliveries). In this case You have until 14 days after the day You (or someone You nominate) receives the first delivery of the Products.
8.6 Even if We are not at fault and You do not have a right to change Your mind (see Clause 8.1), You can still end the Contract before it is completed, but You may have to pay Us compensation. A Contract for Products or digital content is completed when the Product is delivered, downloaded or streamed and paid for. If You want to end a Contract before it is completed where We are not at fault and You have not changed Your mind, just contact Us to let Us know. The Contract will end immediately and We will refund any sums paid by You for Products not provided but We may deduct from that refund (or, if You have not made an advance payment, charge You) no more than £5 as compensation for the net costs We will incur as a result of Your ending the Contract OR a percentage of the price calculated as per 10% depending on the date on which You end the Contract, as compensation for the net costs We will incur as a result of Your doing so.
9. HOW TO END THE CONTRACT WITH US
9.1 To end the Contract with Us, please let Us know by doing one of the following:
(a) Email. Email Us at firstname.lastname@example.org. Please provide Your name, home address, details of the order and, where available, Your phone number and email address.
(b) Online. Complete the Cancellation Request Form on our website.
9.2 If You end the Contract for any reason after Products have been dispatched to You or You have received them, You must return them to Us. You must post them back to Us at Flat 7, Foundry House, 21 Foundry Row, Redruth, Cornwall, TR15 1AN. Please email Us at email@example.com to let Us know that We should expect Your return. If You are exercising Your right to change Your mind You must send off the Products within 14 days of telling Us You wish to end the Contract.
9.3 We will pay the costs of return:
(a) if the Products are faulty or misdescribed;
(b) if You are ending the Contract because We have told You of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because You have a legal right to do so as a result of something We have done wrong.
9.4 In all other circumstances, You must pay the costs of return.
9.5 We will refund You the price You paid for the Products including delivery costs, by the method You used for payment. However, We may make deductions from the price, as described below.
9.6 If You are exercising Your right to change Your mind:
(a) We may reduce Your refund of the price (excluding delivery costs) 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. If We refund You the price paid before We are able to inspect the Products and later discover You have handled them in an unacceptable way, You must pay Us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of a Product within 3-5 days at one cost but You choose to have the Product delivered within 24 hours at a higher cost, then We will only refund what You would have paid for the cheaper delivery option.
9.7 We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then:
(a) Your refund will be made within 14 days from 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. For information about how to return a Product to Us, see clause 9.2.
(b) In all other cases, Your refund will be made within 14 days of Your telling Us You have changed Your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the Contract for a Product at any time by writing to You if:
(a) You do not make any payment to Us when it is due and You still do not make payment within 14 days of Us reminding You that payment is due;
(b) You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Products, for example, valid shipping address or email address for communications;
(c) You do not, within a reasonable time, allow Us to deliver the Products to You;
10.2 If We end the Contract in the situations set out in Clause 10.1, We will refund any money You have paid in advance for Products We have not provided but We may deduct or charge You £5 as compensation for the net costs We will incur as a result of Your breaking the Contract OR reasonable compensation for the net costs We will incur as a result of Your breaking the Contract OR a percentage of the price calculated as per 10% depending on the date on which We end the Contract, as compensation for the net costs We will incur as a result of Your breaking the Contract.
10.3 We may write to You to let You know that We are going to stop providing the Product. We will let You know at least 14 days in advance of our stopping the supply of the Product and will refund any sums You have paid in advance for Products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 You can write to Us at firstname.lastname@example.org.
11.2 We are under a legal duty to supply Products that are in conformity with this Contract. See the box 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.
The Consumer Rights Act 2015 says Products 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 Products are faulty, then You can get an immediate refund.
up to six months: if Your Products can’t be repaired or replaced, then You’re entitled to a full refund, in most cases.
up to six years: if Your Products do not last a reasonable length of time You may be entitled to some money back.
If Your Product is digital content, for example a knitting or crochet pattern or any other digital based pattern or set of instructions, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
if Your digital content is faulty, You’re entitled to a repair or a replacement.
if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, You can get some or all of Your money back
if You can show the fault has damaged Your device and We haven’t used reasonable care and skill, You may be entitled to a repair or compensation.
11.3 If You wish to exercise Your legal rights to reject Products You must either return them in person to where You bought them or post them back to Us. You must pay the costs of postage to return and we will refund associated costs as set out in this document.
12. PRICE AND PAYMENT
12.1 The price of the Product will be the price indicated on the order pages when You placed Your order. We will use our best efforts 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.
12.2 It is always possible that, despite our best efforts, some of the Products We sell 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 Products provided to You.
12.3 We accept payment with Paypal. You must pay for the Products before We dispatch them.
12.4 If You think an invoice is wrong please contact Us promptly to let Us know.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
13.2 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the Products as summarised at Clause 11.2 and for defective Products under the Consumer Protection Act 1987.
13.3 We only supply the Products for domestic and private use. If You use the Products for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information You provide to Us:
(a) to supply the Products to You;
(b) to process Your payment for the Products; and
(c) if You agreed to this during the order process, to give You information about similar Products that We provide, but You may stop receiving this at any time by contacting Us.
14.2 We will only give Your personal information to third parties where the law either requires or allows Us to do so in accordance with Our Privacy Statement.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the Contract OR We will contact You to let You know if We plan to do this. If You are unhappy with the transfer You may contact Us to end the Contract within 14 of Us telling You about it and We will refund You any payments You have made in advance for Products not provided.
15.2 You may only transfer Your rights or Your obligations under these Terms to another person if We agree to this in writing. However, You may transfer our guarantee at Clause 8.4 to a person who has acquired the Product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
15.3 This Contract is between You and Us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 15.2 in respect of our guarantee. 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.
15.4 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.
15.5 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.
15.6 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.