Terms and Conditions of Business

Seen by Sinead: Business Terms & Conditions

Thank you for visiting https://seenbysinead.com/. We hope you will enjoy your online experience.
These are our online business to consumer terms and conditions of contract. By confirming your purchase, you accept that these terms and conditions form the basis of the contract between us (see more at Clause 1 below). Your statutory rights are not affected.
In this contract:
• ‘we’, ‘us’ or ‘our’ means Sinead.de Ltd;
• ‘you’ or ‘your’ means the customer purchasing our Product(s);
• ‘Order’ means an order placed by a customer via our website for our Product(s);
• ‘Product(s)’ means the Product(s) which are offered for sale by us on our website; and
• ‘terms and conditions’ means these terms and conditions of the contract between you and us for the sale by us and the purchase by you of the Product(s).
1 Introduction
1.1 If you buy Product(s) on our website you agree to be legally bound by these terms and conditions. Please read these terms and conditions carefully and ensure that you understand them before placing an Order, because you will be required to accept these terms and conditions when ordering the Product(s). If you do not agree to comply with and be bound by these terms and conditions, you will not be able to order Product(s) through our website.

1.2 These terms and conditions of contract apply only if you are buying Product(s) on our website as a consumer and by proceeding you warrant that you are categorised as such. You will not be categorised as a consumer If you are purchasing as a business, trade or profession and if that does apply to you then please contact us at [insert email] to request our business to business terms and conditions which will be applicable to the purchase of the Product(s).

1.3 You also agree to be legally bound by our
1.4 Website Terms of Use, Acceptable Use Policy (https://seenbysinead.com/pages/acceptable-use);, Privacy Policy (https://seenbysinead.com/pages/privacy) and Cookies Policy (https://seenbysinead.com/pages/cookie).
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 visit https https://seenbysinead.com
2.1.2 read the acknowledgement email (see Clause 4.3); or
2.1.3 contact us by email at hello@seenbysinead.com , call us on 0208 103 9310 or write to us at Kemp House, City Road, London, England, EC1V 2NX.
2.2 If we have to change any key information once a legally binding contract between you and us is made, we will write to you and let you know.
3 Your privacy and personal information
3.1 Your personal information will be treated in accordance with our Privacy Policy (https://seenbysinead.com/pages/privacy) and our Cookie Policy (https://seenbysinead.com/pages/cookie).
4 Ordering Product(s) from us
4.1 Below, we set out when a legally binding contract arises between you and us.
4.2 An Order is placed when you click the Pay Now button but a legally binding contract is not formed at this stage (see Clause 4.3 below for when contract is formed). Please read and check your Order carefully before submitting it as the requested order cannot be changed once it has been submitted.
4.3 Once we receive your order, a confirmation email will be sent to you. This acknowledgement does not, however, mean that your order has been accepted by us. Your order is only accepted when we confirm dispatch of your Product(s) by email.
4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.4.1 the Product(s) is/ are unavailable;
4.4.2 we cannot authorise your payment;
4.4.3 you are not allowed to buy the Product(s) from us;
4.4.4 we are not allowed to sell the Product(s) to you;
4.4.5 you have ordered too many Product(s); or
4.4.6 there has been a mistake on the pricing or description of the Product(s).
4.5 If we do not accept your order for one of the reasons set out at Clause 4.4, but payment has already been taken in accordance with Clause 8.3, we will refund the payment in full as soon as possible.
5 Right to cancel and return
5.1 Provided that you are a consumer, and subject to Clause 5.7 below, you may have the right to cancel the contract between you and us pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and to return the Product(s).
5.2 The legal right must be exercised within the “cooling off” period. This period begins once your Order is complete and we have sent you your dispatch confirmation pursuant to Clause 4.3, so when the contract between you and us is formed.
5.3 With regard to the cooling off period:
5.3.1 If the Product(s) are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Product(s).
5.3.2 If the Product(s) are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Product(s).
5.3.3 If your order is for the regular delivery of Product(s) over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Product(s).
5.4 If you wish to exercise your right to cancel under this Clause 5, you must inform us of your decision within the cooling off period. You may do so in any of the following ways:
5.4.1 Email us at hello@seenbysinead.com;
5.4.2 Write to us at Kemp House, City Road, London, England, EC1V 2NX; or
5.3.3 Telephone us at 0208 103 9310
5.5 To meet the cancellation deadline, it is sufficient for you to send your communications notifying us of your exercise of the right to cancel before the cooling off period has expired.
5.6 If you are returning your Product to us you have 14 days in which to do so from the date that you send your notification of cancellation.
5.7 Please note you do not have the right to cancel and return in respect of the following Product(s) and will not be entitled to a refund unless such Product(s) are faulty:
5.7.1 Product(s) made to your specifications or which are clearly personalised; or
5.7.2 Product(s) which become inseparably mixed with other items in accordance with your personal requirements.
5.8 If your Product is damaged on arrival, you shall be entitled to a full refund or exchange or gift voucher (up to the value of the Product being returned) in accordance with clause 6.2, provided you contact us within 7 days of receipt to explain the damage, providing photos of the delivered item (including packaging) with the damage visible along with your Order details to hello@seenbysinead.com. If we require you to return the damaged Products we will say so and you must return to us within 30 days of our request for return.
6 Effects of cancellation and refunds
6.1 If you cancel a contract with us, we will send you an email confirming cancellation and details of how to return your Product(s).
6.2 In order for the returned Product(s) to be refunded or exchanged for another Product or a gift card (up to the value of the Product being returned) the items must be received in an unused condition, and in original packaging. Only one return/refund can be made per purchase. If you accept an exchange, this cannot later be refunded.
6.3 In normal circumstances you will be responsible for the cost of return of the Product(s), unless the Product(s) are faulty or damaged upon arrival, in which case we will be responsible for the standard cost of return of the Product(s). Costs of return will be calculated on Royal Mail standard rate. If you choose to use another service provider to return the products, you will not be compensated for any additional costs above the standard rate by Royal Mail.
6.4 On cancellation (and subject to the satisfactory return of the Product(s) if we have requested you to do so) we will re-imburse the purchase price. If the right to cancel does not apply to the Product(s), you will not be entitled to any refund unless they are faulty.
6.5 We will make the reimbursement without undue delay, and not later than 14 days after cancellation or 14 days after the day we have received the Product(s) if we have requested you to return them.
6.6 We will make the reimbursement using the same means of payment as you used for your purchase.
6.7 The returned items are your responsibility until they reach us, and we are not responsible for returns that do not reach us. We recommend you use a postal service that insures you for the value of the goods you are returning.
6.8 For a summary of terms and conditions relating to returns please see Delivery & Returns https://seenbysinead.com/pages/delivery-returns) on our website.
7 Delivery
7.1 We use The Alternative Parcels Company to deliver our Product(s). During the online checkout process, you will be given available delivery options to choose from.
7.2 Products are usually dispatched 1-2 days after the Order is placed, where the Order is placed before noon that day. For Orders placed after noon, it is usually 1-2 days after the day following Order placement.
7.3 We aim to deliver orders 1-2 days following dispatch, except for deliveries to the Highlands and Islands which usually take 3-4 days from dispatch. If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
7.4 Delivery will take place at the address specified by you when you placed your order with us.
7.5 Deliveries requested to non-residential addresses, or houses with multiple occupants, are made at the customer’s own risk and Seen by Sinéad will not accept responsibility for any loss or damage.
7.6 Orders can be fully tracked and we will send you a tracking link for your Order and an option of changing the delivery date. A signature may be required for your delivery, and if you are not going to be in to sign you should make alternative arrangements via the tracking link. We are unable to redirect orders once they have been dispatched. However, we will try to contact you in this case to arrange for a new order to be placed.
7.7 Unless you and we agree otherwise, if we cannot deliver your Product(s) within 30 days of the date of your confirmation email, we will:
7.7.1 let you know;
7.7.2 cancel your order; and
7.7.3 give you a refund.
7.8 If nobody is available to take delivery you must contact the delivery service provider who may provide you with the option of a reschedule, redelivery or to leave the items with a neighbour or at a safe place, amongst other available options. You shall not be entitled to any refunds which arise as a result of your refusal to accept delivery for your Order.
7.9 If delivery proves impossible or impractical for any other reason, we may need to cancel your order and deduct the original delivery charges from the refund.
7.10 You are responsible for the Product(s) once they have been delivered to the address specified by you in your Order and the risk in the Product(s) passes to you when you the Product(s) are delivered.
7.11 We do not currently make deliveries to any addresses outside of the UK.
7.12 We may deliver your Product(s) in instalments and this information will be provided in your dispatch email.
7.13 The cost of delivery is £5.00 for next day before 4.00pm and £7 for Saturday delivery before 12.00pm.
7.14 For a summary of terms and conditions of delivery please see Delivery & Returns (insert link) on our website.
8 Payment
8.1 We accept the following payment methods: Mastercard, Visa, Apple Pay, Google Pay and Paypal.
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Product(s) is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (https://seenbysinead.com/pages/privacy) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. To avoid a third party gaining unauthorised access to any information that you provide to us, we recommend that you install appropriate anti-virus software on your computer.
8.3 Payment will be taken when the Order is submitted and your card issuer may require authorisation from you.
8.4 In circumstances where you do not pay for the Product(s) but Products are delivered to you, and fail to return them, we may collect the Product(s) from you at your expense. We will try to contact you to let you know if we intend to do this.
8.5 Nothing in this Clause affects your legal rights to cancel the contract during the cooling off period as set out in Clause 5.
8.6 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, please see clause 7 above.
9 Nature of the Product(s)
9.1 As a consumer, you are given certain legal rights (also known as ‘statutory rights’). The Product(s) that we provide to you must be as described, fit for purpose and of satisfactory quality.
9.2 We are under a legal duty to supply you with Product(s) that are in conformity with this contract.
9.3 The packaging of the Product(s) may be different from that shown on the website.
9.4 While we try to make sure that:
9.4.1 all weights, sizes and measurements set out on the website are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements; and
9.4.2 the colours of our Product(s) are displayed accurately on the website, the actual colours that you see on your device may vary depending on the device that you use.
9.5 Any Product(s) sold at discount prices, will be identified and sold as such. We do not accept returns for discounted items.
9.6 If we are unable to supply certain Product(s), we may need to substitute them with alternative Product(s) of equal or better standard and value. In this case:
9.6.1 we will let you know if we intend to do this but this may not always be possible; and
9.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
9.7 We reserve the right to limit the quantities of any Product(s) and description of Products and Product pricing are subject to change at anytime without notice, at our sole discretion. We may discontinue any Product at any time
10 Faulty Product(s)
10.1 We must provide Product(s) that are of satisfactory quality, fit for purpose, and/or as described at the time of purchase, in accordance with any pre-contract information we have provided. If any Product(s) you have purchased from us do not comply with description or, for example, have faults or are damaged when you receive them, please contact us as soon as reasonably possible by emailing us at hello@seenbysinead.com, writing to us at Kemp House City Road London EC1V 2NX or telephoning us on 0208 103 9310 to inform us of the problem and where appropriate we will arrange for a replacement Product to be sent to you, or instead, we will refund you the price of the Product if requested by you. Where we deliver a replacement Product(s) and such Product(s) remains unsatisfactory, we will refund you the price of the Product(s) in the quantity sold.
10.2 We are not liable to you where the Product(s) become damaged by improper handling or storage of the Products after delivery to you. However should your Product(s) arrive damaged please contact us within 7 days in accordance with clause 5.8 so that we may replace or refund the damaged Product(s).
10.3 Nothing in this contract affects your statutory rights. You may also have other rights in law. For more information please visit Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
11 Product Recall
11.1 You agree to notify us immediately if you become aware of a Product(s) which may be defective, faulty or otherwise unsafe for consumption.
11.2 Your notification should include :
11.2.1 a copy of your claim or complaint, and any correspondence exchanged with any 3rd party;
11.2.2 details of the Product(s) supplied, batch and serial number of the Product(s), date on which the Product(s) was received and your order number.
11.3 We will review and investigate all such complaints promptly and where necessary recall the Product(s) or ensure that corrective actions are taken.
11.4 We have the right to initiate a Product(s) recall or corrective action which is deemed necessary and appropriate without requiring your approval and this shall be made at our sole discretion. Any such recall or corrective actions shall where necessary be notified to the appropriate regulatory body.
12 End of the contract
12.1 If the contract between you and us is ended it will not affect our right to receive any money which you owe to us under the contract.
13 Limitation on our liability
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
13.1.1 losses that were not foreseeable to you and us when the contract was formed;
13.1.2 losses that were not caused by any breach of the contract between you and us or any negligence on our part;
13.1.3 business losses; or
13.1.4 losses to non-consumers.
14 Not for re-sale
14.1 None of our Product(s) are for resale and the offering for sale of any of our Product(s) is strictly forbidden. We reserve the right to take legal action in respect of any resale or offer for sale.
15 Third party rights
15.1 No one other than a party to this contract has any right to enforce any term of this contract.
16 Jurisdiction, Law, and Disputes
16.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Product(s) you ordered, our service to you or any other matter, please contact us as soon as possible by emailing us at hello@seenbysinead.com , writing to us at Kemp House, City Road, London England EC1V 2NX or telephoning us on 0208 103 9310, setting out details of your complaint.
16.3 If a dispute cannot be resolved between us and you via exchange of communications or you are unhappy with the outcome of your complaint, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
16.4 These terms and conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, interpreted, and applied in accordance with the laws of England and Wales.
16.5 Subject to Clause 16.3, any disputes concerning these terms and conditions, the relationship between you and us, the Product(s) or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.


Thanks
Sinead.de Limited

These Business Terms and Conditions were published November 2021.