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artisan • designer • printmaker

 

Terms & Conditions

1. Introduction.

This Agreement is a legal document which sets out your rights and obligations in relation to this site (the "Tori McLean site ") and the products offered by us through it (“Tori Mclean Products”). You must take the time to read and understand this Agreement before using the Tori McLean site or making a purchase of a Tori McLean Product; you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 11 below.

If you have queries relating to this Agreement, then before placing an order for a Tori McLean Product, please email our customer service team at enquiries@torimclean.com.

Please note that we reserve the right to withdraw the Tori McLean site from time to time.

 

2. Tori McLean Product Details

Tori McLean Products are subject to availability and typically handmade in 3-4 weeks.  If a Tori McLean Product has becomes out of stock at a time when we receive the order, we will inform you, and you will not be charged for it.

At Tori McLean, we endeavour to display as accurately as we reasonably can the true colours of Tori McLean Products.  However, we cannot guarantee that the colour of a Tori McLean Product as delivered will replicate how it appeared to you on-screen; in part, this is dependent upon your computer’s display monitor, how you perceive colour and the handmade nature of the product.

All sizes and measurements concerning Tori McLean Products are as accurate as we can reasonably make them given their handmade nature.

 

3.  Orders and Delivery

We will contact you if there is an excessive delay with the despatch of your Tori McLean Products.

We aim to send out Tori McLean Products as soon as they are made or available, however this is not guaranteed.

Unless otherwise stated, we use the Royal Mail postal service for the sending and delivery of Tori McLean Products; the total cost of your order will include a delivery charge.  Delivery times will vary according to how quickly we can produce your item and how quickly the Royal Mail postal service delivers; we recommend placing your orders early at particularly busy times of year (such as Christmas) to make allowance for delivery delays.

We reserve the right to decline to fulfill orders for any reason, including a Tori McLean Product which has been mis-published, such as its price or specification.  Orders are treated as offers which we are entitled to accept or decline.  If there are any problems with your order, we will contact you.

There is only one delivery charge per order. Replacement Tori McLean Product will be sent out free of charge.

We cannot arrange for deliveries of Tori McLean Product to be left with a neighbour or similar requests; all deliveries must be signed-for at the delivery address you provide to us as part of your order.  Note that we cannot be responsible for orders which go missing after delivery.

 

4.  Cancelling Your Purchase and our Returns Policy

We operate a Returns Policy which is considerably more advantageous to you than the 7 working day Cooling Off Period that applies by law to online purchases.  However, should we withdraw that Returns Policy, or if there are Tori McLean Products to which the Returns Policy does not apply, then your right to cancel an order will be governed by the remainder of this Clause 4.

You have the right to cancel your order for a Tori McLean Product, starting from 7 working days following the first working day after the day on which you receive it.  A working day is any day except Saturday, Sunday and UK public holidays.  You can cancel your order for a Tori McLean Product during this “Cooling Off Period” by emailing enquiries@torimclean.com

If you cancel during this “Cooling Off Period” then you must return the Tori McLean Product to us at your own cost within 14 days of the date you cancelled.  You must take reasonable care of the Tori McLean Product while it is in your possession.  If you cancel during the “Cooling Off Period” and return the Tori McLean Product in good condition, then you will receive a refund of the price you paid for the Tori McLean Product.  If you fail to return the Tori McLean Product in good condition to us within 14 days, then you will be responsible for payment of the price of the Tori McLean Product.  If you require a refund on a discounted Tori McLean Product, please note that you will be refunded the discounted price.

 

5. Payments

Payments are processed at the time of ordering.

Note all credit/debit cardholders are subject to validation checks and authorisation by the card issuer.  If the card issuer does not authorise payment, we will not process the order. 

In the event that your order is flagged by a 'warning' or 'caution', we will contact you for further information. Without this further information being provided within 3 working days, we will cancel your order and you will be refunded accordingly.

When entering address details, please be aware there is a difference between the delivery address and invoice address areas of the order form: if your billing address (where your bank or credit card is registered to) is different from the desired delivery address, you must tick the box at the bottom of that page, and then continue to fill out the details of your billing address.  Failure to complete this part of the order process may result in World Pay flagging a 'warning' or 'caution' against your card.

 

6. Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Tori McLean site and Tori McLean Products are owned by, or exclusively licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Tori McLean site, a Tori McLean Product or any of the material which is found on the Tori McLean site unless properly licensed to do so by us.

 

7. Privacy policy.

Our privacy policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy.

 

8. Additional services.

We or our affiliates may offer new or additional services through the Tori McLean site from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Tori McLean site in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.

 

9.  Liability.

a. We warrant that Tori Mclean Products will be manufactured with reasonable care and skill with the intention of meeting our specifications for them.  However, we cannot and do not guarantee that Tori McLean Products will meet your requirements.

b. We shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.

c. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.

d. Subject always to sub-Clause f. below, we shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. Our aggregate liability in relation to any Tori McLean Product shall be limited to whichever is the greater of:

i. £10 (ten pounds); or

ii. The price you paid for that Tori McLean Product.

e. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

i. for any loss of revenue, business, anticipated savings or profits, or

ii. for any indirect, special or consequential loss damage, costs or other claims,

howsoever caused or arising, whether through non-supply or late supply of a Tori McLean Product or other non-performance of this Agreement or otherwise.

f. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

g. The provisions of this Clause 9 shall survive the termination or expiry of this Agreement.

 

10. Entire Agreement.

This Agreement is intended to contain your entire agreement with us relating to the Tori McLean site and Tori McLean Products; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Tori McLean site or Tori McLean Products, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

 

11. Changes to this Agreement.

We reserve the right to change this Agreement from time to time, and post the new version on the Tori McLean site. The new version will take effect for any activity on the Tori McLean site, including any purchase of a Tori McLean Product, after the new version is posted on the Tori McLean site.

 

12. Invalidity.

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.

 

13. Law.

This Agreement, and each purchase of a Tori McLean Product, shall be governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

 

14. Keeping this Agreement.

We don’t separately file the individual Agreements entered into by users of the Tori mcLean site.  

 

15. Contact.

The Tori McLean site is provided, and Tori McLean Products are sold and supplied through it, by Tori McLean, whose address, for business conducted through the Tori McLean site, is 21 Quarry Road, Wincester, SO23 0JF.  Please note that all notices under this Agreement are to be sent and received by email. For this purpose, your notices should be sent to enquiries@torimclean.com and we will send our notices to you at the email address you notify to us through the Tori McLean site, such as when placing an order.