Terms of service
This page informs you of the terms and conditions of the products we supply on our website www.buycustomthings.com. By ordering any of the products for sale on this site, you agree to the terms and conditions so please read them carefully before using the site and making any commitment to buy from us.
At checkout, please click on the check box marked "I accept the buycustomthings.com terms and conditions"- if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1- HOW THE CONTRACT IS FORMED
1. We will charge your credit/debit card or preferred payment option at the time of checkout. After placing an order with us, you will receive a confirmation e-mail from us to notify you that your order is in process.
2. The contract is only formed once we accept the order and send you a dispatch confirmation e-mail. If we can not fulfill your order, we will let you know and issue you a full refund.
2 - CONSUMER RIGHTS
- as a contracting consumer, you may cancel a contract at any time within 14 calendar days, beginning on the day after you received the Products. If you have opted to cancel the contract, you will receive a full refund of the price paid for the products in accordance with our refunds policy set out below. Bear in mind that if you nominated a safe place or neighbor and your order is left there, then this will be interpreted as the parcel having being delivered to you, and your 14-day right to reject will begin.
- To cancel a contract (order), you must inform us in writing or by sending an email to returns@buycustomthings.com You must return the Product(s) to us as soon as possible at the following Return Address: 4 Ashmeadow lane, Brinscall, Chorley, Lancashire, PR6 8JU. All returned items must be in unused, undamaged condition. You are responsible for paying the cost of returning the Product(s).
- Please note that you have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- Except where a Product is defective, you may not cancel a contract for the supply of any of the following
a)Products produced or altered to your own specification;
b)Perishable goods, including fresh foods or plants.
3 - PAYMENT AND PRICES
- All prices of our items include VAT at 20% but do not include delivery costs, which will be added to the total amount due before you place your order. You are given the option of correcting any errors before you confirm your order with us.
- Prices are liable to change at any time, but changes will not affect orders that have had dispatch Confirmation sent.
- If we have made a pricing error by displaying a lower price than the correct price, we will either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection. If the pricing error is unmistakable, we are under no obligation to provide the product to you at the incorrect (lower) price.
- If we have incorrectly displayed a higher price, we will confirm the correct price to you in the Dispatch Confirmation and refund the difference to your card.
- We will charge your credit/debit card or preferred method of payment at the time of checkout.
- All payments shall be made in United Kingdom pounds sterling, Euros or Dollars. Please note Buy Custom Things cannot be held responsible for adverse currency fluctuations. The conversion rate is set at the point of authorization of your credit/debit card or the preferred payment method.
4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
- Any shipping addresses must be current and up to date as we are not liable for the loss of any items as correct address information supplied is the responsibility of the customer. You can contact us if you are aware that you need to have your order shipped to a new address as soon as the transaction is paid for so we have time to amend shipping details BEFORE orders are dispatched.
5 - TITLE AND RISK
- Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
- The products will be at your risk from the time the items are in possession of the designated courier. We are not liable for risk after this point.
- (only with orders of confectionary)we cannot accept responsibility for deterioration caused by climatic conditions or transportation once the goods have left our premises. Upon receipt, to ensure your item remain in the good condition, store them in a cool, dry place. We also recommend that they're consumed within four weeks to be enjoyed at their best.
- Where a product is out of stock we will offer you a refund.
- All descriptions, product images, and weights are those of the original manufacturer and are intended to give a general description of the goods. Shipped weights also include the packaging for the goods.
- Product images are for illustrative purposes only, and whilst representative of the product exact packaging detail may vary from time to time, subject to changes by the manufacturer. Manufacturers also occasionally change their recipes or item weight- with regard to confectionery, and different brand labels may change how they have manufactured an item. We endeavour to keep our pictures and descriptions up to date and as accurate as possible but we do only use them for illustrative purposes. Please always refer to the manufacturer's labels. You will always receive the current product available to us at the time of your order.
- We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. - With regard to confectionary-Although, we take care in displaying Nutritional and Allergen information in our item descriptions, we cannot guarantee that our products are free of nuts or nut traces as we stock a huge range of sweets from many different manufacturers. We use such information for display purposes only so will not be liable for any inaccurate information. Always check the manufacturer's labels.
6 - REFUNDS
- When you return a Product to us:
a) because you have cancelled the contract between us within the 14-day cooling-off period as can be seen in 'consumer rights' above, we will issue the refund due to you as soon as possible and, in any case, within 14 days of the day, you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
b) because the Product is defective, we will examine the returned Product and replace it or provide a refund. Products returned by you because of a defect or fault will be refunded in full, including a refund of the delivery charges for sending the item to you, we will also provide the postage cost to return the item to us.
2. If any breakages occur during delivery, we will ask for photographic evidence from you to show that the product is broken. If we are satisfied that the product has been broken and that the damage has been caused in transit, we will refund the price of the product in full.
3. We will usually refund any money to the card used or payment method in which was used to pay for your purchase.
4. With regard to confectionary- When a product is past its sell-by date, we require photographic evidence from you to demonstrate that this is the case. If we are satisfied that we have supplied an out of date product we will refund the price of the product in full.
5. Claims for refunds must be made within 25 days of dispatch for Royal Mail tracked, DHL, Parcelforce, or UPS deliveries, and within 8 weeks for untracked small packet deliveries.
7- DELIVERY
- We aim to dispatch your order within 24-48 hours after payment to us has cleared Monday - Friday. We do not dispatch on Saturday or Sunday. Please note working days do not include UK Bank holidays and weekends.
- The time it takes for your order to reach you after dispatch depends on the chosen courier and class of service. Standard postal services such as Royal Mail 2nd class, generally take 2-3 working days within the UK and 3-5 working days to EU countries. Any destinations outside of the EU can take up to 10 days. Please note that standard services with Royal Mail DO NOT HAVE ANY TRACKING INFORMATION. Expedited services are generally next working day deliveries.
- If you have opted for next-day delivery you must order before 2pm, otherwise, it will be dispatched the next working day.
- Where applicable, tracking numbers will be provided at the time of dispatch.
- The delivery services are third parties so any time frames given are estimates and not guarantees so please check the status of your tracking number in the first instance. If your parcel is showing as delivered but you don’t have your item, we recommend checking in any safe places or with any neighbours to see if they have accepted the parcel on your behalf. If you still cannot locate your parcel, please contact us. If your tracking does not show as being delivered or your parcel was untracked and hasn’t arrived after 10 days, please contact us to try and resolve this for you.
- We cannot be held responsible for any failed/delayed delivery as a result of incorrect, incomplete, or unclear address information. Therefore we would urge you to check this thoroughly as you checkout and on the order confirmation email. Once your order has been dispatched we are unable to change address information or redirect orders without incurring charges which you will need to cover. If we cannot contact you to verify delivery details due to an invalid email address and/or telephone number being given we reserve the right to cancel the order.
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If an item is returned to us as a result of a recipient not following up on the delivery within the time frame, an additional charge will be liable to repackage and resend, or alternatively, we will refund minus the delivery charge.
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If your order is returned to us because the recipient has failed to respond after Royal Mail or our courier has attempted deliveries and notified them, you must cover the cost of re-sending the order should you wish to do so. If you choose not to resend your order after it’s been returned we will refund you the value of the sweets only, not the delivery costs.
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If an order goes missing posted to UK address, we will offer to send a replacement order or refund.
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If an International order gets lost in transit, we will not send a replacement order - only offer a refund.
- Unless you instruct us otherwise, orders are automatically authorized to be left with a neighbour if the recipient is out (they will always try to deliver it directly first though). In this event, our courier or Royal Mail will leave a card advising you where they have left your package. As advised above- it is not always the case that a card is left so if your parcel is delayed, please check with your neighbours as a matter of course. If you DO NOT want your order to be left with any neighbours or there is a safe place where you're happy for it to be left please tell us in the delivery instructions box when you check out so we can inform them.
8 - CUSTOMS AND IMPORT TARIFFS
- Products ordered from Buy Custom Things that are to be delivered outside of the UK may be subject to import taxes and will be charged once the delivery has reached its destination. Before committing to buy from us, please check if any import charges apply to your products, as we do not set the charge and have no control over the amount or whether they apply to your order.
- Rules and regulations of the countries to which your items are delivered must be obeyed. We are not liable for any infringement by you the customer, of these laws.
9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Buy Custom Things and sub-brands, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10 - UNCONTROLLABLE CIRCUMSTANCES (Force majeure)
- We are not responsible for being unable to fulfil/ perform- or delayed fulfilment/performance of any of our obligations formed under a contract by events caused outside of our reasonable control.
- A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following
a) Strikes, lock-outs, or other industrial action;
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
d) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
e) Impossibility of the use of public or private telecommunications networks;
f) The acts, decrees, legislation, regulations, or restrictions of any government.
3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will always endeavour to try and bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
11 - INDEMNIFICATION
- You agree to indemnify, defend and hold harmless the awesomecornershop.co.uk and our sub-brands, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
12 - WRITTEN COMMUNICATIONS
- Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13 - NOTICES
- Any notices given to us by you must be given to Buy Custom Things at returns@buycustomthings.com
- We can give notice to you via the e-mail or postal address submitted to us when placing your order. Any Notice will be considered received 24 hours after an e-mail is sent, 3 days after posting a letter, or instantly when posted on our website.
14 - TRANSFER OF OBLIGATIONS AND RIGHTS
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h) to collect or track the personal information of others
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or
k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
16 - WAIVER
- If we fail to insist upon strict performance of any of your obligations under this agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the written communications and notices section above.
17 - SEVERABILITY
- If any of these terms and conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
18 - WHOLE AGREEMENT
- We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19 - OUR RIGHT TO UPDATE THESE TERMS AND CONDITIONS
- from time to time, we may revise or update these terms and conditions so please make sure to view our terms and conditions page occasionally.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.
20 - LAW AND JURISDICTION
- Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21 - RIGHTS OF WITHDRAWAL
- You have the right to withdraw from this contract within 14 days without giving any reason.
- The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
- To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a distinct statement (e.g. a letter sent by post or e-mail).
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- If you have chosen to withdraw from this contract, we will issue a refund of all payments received from you, including the cost of delivery,(with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
- We will issue any refunds the same way the initial payment was received in the initial transaction unless specifically requested otherwise. There will be no fees incurred for refunds.
- We will only issue a refund when we receive the products back to us in a condition that is deemed by us to be fit for re-sale unless the product has been returned due to fault/damage.
22 - CONTACT
Please contact legal@buycustomthings.com for any further questions regarding these terms & conditions. If you have any general inquiries about anything related to our website and products, contact hello@buycustomthings.com
IT MAY HAVE MADE YOUR EYES BOGGLE, BUT THANKS FOR TAKING TO THE TIME TO READ THESE T&C's, WE KNOW IT'S NOT THE MOST THRILLING READ!
