terms & conditions
Last updated: 9th September 2013
This page tells you information about us and the legal terms and conditions (Terms) on which products (Products) listed on our website (our site) are sold to you. These Terms will apply to any contract for the sale of Products to you (Contract). When you purchase Products on our site you will purchase these through quirk but they will be made and delivered by a third party supplier (Supplier). quiirk is acting as an agent and your contract will be in effect between you and the artist or designer-maker, with terms set by quiirk. quiirk retains the right to vary these terms and conditions.
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. If you refuse to accept these Terms, you will not be able to order any Products from our site. We amend these Terms from time to time as set out in clause 19 below. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on 9th September 2013. These Terms and any Contract between us are only in the English language.
1. information about us
ii. You can hold an account with quiirk. quiirk conducts sales campaigns on items for account holders of the partnership, the number and time period of which will be limited. A user must register to become an account holder. You will receive personal information about impending sales campaigns via quiirk’s email service.
2. the products
i. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display accurately reflect the colour of the Products.
ii. quiirk products are either individually made or limited edition runs and there will, therefore, be some natural variation to reflect their uniqueness.
iii. The depiction of Products with accessories may be used for illustrative purposes only. You are advised to check that the Product you would like to purchase includes such accessories or not before placing the order.
iv. The packaging of the Products will vary as the third party seller is responsible for the individual packaging of each item and ensuring that it gets to you safely.
v. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. use of our site
i. Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms, which apply to you.
4. how we use your personal information
5. if you are a consumer (This clause only applies if you are a consumer)
i. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
ii. We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. Please make sure you ask for any variations from these Terms to be confirmed in writing in advance of any orders. Variations will only be effective if agreed in writing by quiirk.
iii. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. if you are a business customer
i. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
ii. These Terms and any document expressly referred to in them constitute the entire agreement between you, the supplier and quiirk. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us, or our supplier, which is not set out in these Terms or any document expressly referred to in them.
7. how the contract is formed between you and the supplier
i. You are purchasing the Products from the Supplier so the Contract is between the Supplier and you only.
ii. quiirk is neither the buyer nor the seller of the Supplier’s Products even though we will receive your payment on behalf of the Supplier. As such, any contractual obligations arising out of your purchase of the products are the responsibility of the Supplier and you.
iii. We have no responsibility to you in relation to your order from a Supplier or any products, except as expressly set out in these terms.
iv. The order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
v. After you place an order, you will receive an e-mail from quiirk acknowledging that your order has been received on behalf of the Supplier. However, please note that this does not mean that your order has been accepted by the Supplier or by us. The Supplier’s acceptance of your order will take place as described in clause 7.vi below.
vi. We will on behalf of the Supplier confirm the Supplier’s acceptance to you by sending you an e-mail that confirms the order (Order Confirmation). The Contract between the Supplier and you will only be formed when we send you the Order Confirmation.
vii. If the Supplier is 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 as referred to in clause 8, you will be informed of this by e-mail and your order will not be processed. If you have already paid for the Products, the full amount will be returned to you as soon as possible.
8. prices and delivery charges
i. The prices of the Products will be as quoted on our site from time to time. 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 if we discover an error in the price of Product(s) you ordered, please see clause 8.v.
ii. Prices for the Products may change from time to time, but changes will not affect any order already confirmed.
iii. 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, the VAT you pay will be adjusted, unless you have already paid for the Products in full before the change in VAT takes effect.
iv. The price of a Product does not include delivery charges. Delivery charges are as quoted on our site. To check relevant delivery charges, please refer to the ‘delivery’ page on the quiirk.co.uk website.
v. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will 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 with the Supplier 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. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, the Supplier does not have to provide the Products to you at the incorrect (lower) price.
vi. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Supplier is unable to fulfil your order.
9. your cancellation and refund rights if you are a consumer
i. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.iii. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract with the supplier and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
ii. However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.
iii. You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between you and the supplier is formed. If the Products have already been delivered to you, you have a period of 7 working days in which you may cancel; starting from the day you receive the Products.
iv. To cancel a Contract, you must contact us in writing by sending an e-mail to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. A member of the quiirk team will then contact you regarding how to return the Products and more information can be found on the ‘returns’ page of quiirk.co.uk.
v. You will need to return the products by recorded delivery and let us know the tracking number by email. The product must be returned to the Supplier within a further 7 days from cancellation notification to quiirk. These returns are at the cost and risk of the customer.
vi. You will receive a full refund of the price you paid for the Products excluding the original delivery charge. We will process the refund due to you normally within 3 working days after your products have been returned or as soon as possible following the notice of cancellation as described in clause 9.iv. We will refund you on the credit card or debit card used by you to pay. If you returned the Products to us because they were faulty or mis-described, please see clause 9.vii.
vii. If you have returned the Products to us because they are faulty or mis-described, within a period of 14 days, we will refund the price of a defective Product in full, and any applicable delivery charges.
viii. If the Products were delivered to you, you must return the Products according to the instructions on the ‘returns’ page of quiirk.co.uk as soon as is reasonably practicable in its original packaging and including any certificates. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
ix. Details of your legal right to cancel and an explanation of how to exercise it are provided in our ‘returns’ section.
x. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
i. Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control, and we will provide you with a tracking number once the Products have been dispatched. If we are unable to fulfill delivery because of an Event Outside Control, we will contact you.
ii. Delivery will be completed when the Products are delivered to the address you gave us when making the order.
iii. The Products will be your responsibility from the completion of delivery. Please do not accept and sign for the products if there are any faults with the items.
iv. You own the Products once we have received payment in full, including all applicable delivery charges.
v. Please note that where you purchase Products from multiple Suppliers and Products in the same order the Suppliers are responsible for delivery of the Products that have been sold. Therefore, delivery may be organised separately and will not necessarily arrive at the same time. Please note you may also be charged separate shipping costs.
11. international delivery
i. Our suppliers currently ship to the following countries: UK, United States, Canada, Austria, Belgium, Germany, Denmark, Spain, Finland, France, Italy, Holland, Sweden.
ii. If you wish to have a Product delivered to a country that we currently do not ship to, please contact: email@example.com . There are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
iii. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes, which are applied when the delivery reaches that destination. Please note that neither we or the supplier have control over these charges and we cannot predict their amount.
iv. 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.
v. 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.
12. how to pay
i. We are authorised by the Supplier to accept your payment for orders. In processing your payment, and any refund, we will be shown as merchant of record on your credit card or bank statement and will be acting as the Supplier’s agent.
ii. You can only pay for Products using a debit card or credit card or via Paypal. We accept the following cards: Visa, Visa Delta, MasterCard, AmEx, Discover, Maestro.
iii. Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card when you place the order but return your funds immediately if the item cannot be dispatched for any reason.
13. the supplier’s warranty for the products
i. The Supplier provides a warranty that on delivery and for a period of 1 month from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.ii.
ii. The warranty in clause 13 does not apply to any defect in the Products arising from: a) fair wear and tear; b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or e) any specification provided by you.
iii. If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
14. our liability if you are a business
i. Nothing in these Terms limit or exclude our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under the Consumer Protection Act 1987.
ii. Subject to clause 14.i, the Supplier or we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.
iii. Except as expressly stated in these Terms, neither the supplier nor we give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, neither the Supplier nor we will be responsible for ensuring that the Products are suitable for your purposes.
15. our liability if you are a consumer
i. If the supplier fails to comply with these Terms, the Supplier is responsible for loss or damage you suffer that is a foreseeable result of the supplier’s breach of these Terms or its negligence, but the Supplier is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and the Supplier at the time you entered into the Contract.
ii. Products are only supplied for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and neither the Supplier nor we have liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
iii. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our or the Supplier’s liability to you for any death or personal injury resulting from our or the Supplier’s negligence.
16. events outside control
i. We or the Supplier will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 16.ii.
ii. An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third par ties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) 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.
iii. If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.
17. communications between us
i. When we refer, in these Terms, to “in writing”, this will include e-mail.
ii. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail: firstname.lastname@example.org . We will confirm receipt of this by contacting you in writing, normally by e-mail.
iii. If we have to contact you or give you notice in writing, we will do so by e- mail or by pre-paid post to the address you provide to us in your order.
iv. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. other important terms
i. 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.
ii. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
iii. This contract is between you and the Supplier. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
iv. Each of the paragraphs of these Terms 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.
v. If we fail to insist that you perform any of your obligations under these Terms, 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.
vi. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we and the Supplier agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
vii. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We, you and the Supplier agree to the exclusive jurisdiction of the courts of England and Wales.
viii. If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit or liability to you) the enforceability of any other part of these terms and conditions will not be affected.
19. our right to vary these terms
i. We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.
ii. Every time you order Products from our site, the Terms in force at that time will apply to the Contract.
iii. Whenever we revise these Terms in accordance with this clause 19 we will give you notice of this by stating that these Terms have been amended by updating the relevant date at the top of this page.
20. general queries and complaints
i. Please contact us at: email@example.com directly for all queries, complaints and issues that relate to the Supplier’s orders, unless described otherwise in these Terms. Click here for further information about our returns and refunds policy