TERMS AND CONDITIONS (CONSUMER)
Read all our legal terms and conditions with regards to our lovely customers.
1 – OUR CONTRACT WITH YOU
1.1 These are the terms and conditions (the “Terms”) on which we, The Vintage Leather Satchel Company Ltd (company number 07416907) whose registered office is at
Beacon Lane, Heswall,
(“We”, “Us” and “Our”) supply any of Our products (the “Products”) detailed on Our website at www.leathersatchel.com (the “Site”) to you, in your capacity as a consumer. The supply of Products to you is strictly not for commercial or business use or resale. If you would like to talk to Us about becoming one of Our authorised retailers or wholesalers, please contact Us on the contact details given below.
1.2 The Terms will apply to any contract between Us for the sale of Products to you and replace any previous terms and conditions. We reserve the right to revise these Terms from time to time.
1.3 We intend to rely on these Terms and any documents expressly referred to in them in relation to the contract between Us. While We accept responsibility for statements and representation made by Our duly authorised employees and agents, please ensure that you ask for any variations from these Terms to be confirmed in writing to avoid any confusion between us. If you think that there is a mistake or require any changes to be made to these Terms, please contact Us to discuss this as soon as possible.
1.4 Please read these Terms carefully and make sure that you understand them and check that the details on your order for the Products and in these Terms are complete and accurate before you confirm your order for Products by making payment to Us.
2 – ORDERING PRODUCTS
2.1 Your order for a Product is made when you submit to Us by email at firstname.lastname@example.org, confirmation in respect of the Product that you wish to order from Us, including the following details: (1) the colour; (2) the choice of leather; (3) the size; (4) any personalisations or customisations required to be made; (5) the shipping destination; and (6) the date by which the Product is required (the “Order”). By submitting your Order, does not mean that We have accepted it. Our acceptance of the Order will take place as described in clause 2.3.
2.2 If We are unable to supply you with the Product(s) ordered or if We are unable to comply with the timescale set out in your Order, We will inform you of this by email as soon as is reasonably practicable upon becoming aware of any such issues, and We will not process the Order unless and until you confirm to Us by email that you wish Us to proceed and the details of any changes required to be made to your Order. If We are able to, We will offer you the nearest alternative or if you would prefer, We will refund you the full amount that you have paid as soon as is reasonably practicable, where you have already paid for the Products.
2.3 We will confirm and accept your Order in writing by replying to your email and sending you an electronic copy invoice (the “Invoice”). The Invoice will confirm the details of your Order, an order number and the amount payable by you in respect to your Order, together with any delivery or other charges applicable to your Order in accordance with clause 4. Please quote the Order number in all subsequent correspondence with Us relating to the Order. The Invoice will also confirm the options available to you for making payment in respect of your Order which includes secure online payment by credit or debit card, bank transfer or cheque in accordance with clause 8. [Note: please confirm what is actually set out in Terms and Conditions of Supply (Consumer) the Invoice and the email sending it].
2.4 We will endeavour to confirm your Order and issue the Invoice within 24 hours of receipt by Us of an Order, or less if the Order is received within normal working hours in the United Kingdom (the “UK”). However, please allow up to 48 hours for Us to check and process your Order, and up to 72 hours where an Order is placed over a weekend or public holiday.
2.5 Once your Invoice is paid, then your Product will be scheduled for crafting and will be hand-crafted by one of Our leather craftsmen. The contract between Us will only be formed and these Terms will be deemed accepted by you once cleared payment from you is received by Us in respect of your Order including any delivery or other applicable charges.
2.6 Please tick the relevant checkbox when prompted to do so to confirm you accept these Terms and Our delivery and return and cancellation policies. If you refuse to accept these Terms and Our delivery and return and cancellation policies, you will not be able to order any Products from Our Site.
2.7 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.8 You may make a change to the Order for Products insofar as they are not specially made to order at any time before We dispatch the Products by contacting Us, except in the case of made-to-measure Products. Where this means a change in the total price of the Products, We will notify you of the amended price in writing. You may be able to cancel the Order strictly in accordance with clause 9 in these circumstances.
3 – OUR PRODUCTS
3.1 Our Site is solely for the promotion of Our Products and 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 of the colours accurately reflect the colour of the Products. The Products that you receive from Us may vary slightly from those images.
3.2 Although We have made every effort to be as accurate as possible, because Our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on Our Site have a 2% tolerance. In addition, you should note that We cannot guarantee a uniformed appearance to each Product as they are handmade from natural materials and slight imperfections may occur. These imperfections include (but are not limited to), the natural grain of the leather, texture and colour variations, natural wrinkles, markings and scars.
3.3 Once an Order for Products and payment in respect of it is received, the Order details will be added to the crafting list for the next available day and the Products ordered will usually be crafted within 3 to 7 calendar days of Our receipt of payment from you for your Order, depending upon the customisation options chosen by you. Highly customised and bespoke Products can take between 14 and 42 calendar days to create. We generally recommend that you allow at least 30 calendar days for complete fulfilment and crafting of the Products from the date We receive payment from you in respect of your Order, but We will confirm an estimated dispatch and delivery date in [the Invoice/email sending the Invoice]. [Note:please confirm.] We will notify you by email at the time of sending the Invoice of any customisations requested by you that may take a considerable amount of time to fulfil. Once your Order is completed, it will go through Our quality control procedure and
will then be packaged and dispatched for delivery to you in accordance with clause 4.
4 – DELIVERY OF PRODUCTS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Our Products are delivered worldwide, but Our workshops are based solely in the UK. Please allow extra time for deliveries to be made outside the UK.
4.2 Once an Order has been shipped, you will receive an email from Us notifying you of the dispatch of the Product(s) (the “Dispatch Notification Email”). All Products are shipped using a fully traceable carrier and you will be provided the relevant shipping and tracking details in our Dispatch Notification Email to enable you to track the Products being shipped.
4.3 Deliveries within the UK are shipped using APC overnight couriers and generally arrive at their destination on the next working day following Our issuing of the Dispatch Notification Email.
4.4 International orders are usually sent using DHL Air Express, FedEx or UPS however items being sent to either Northern Ireland, Russia, Scottish Highlands or the Channel Islands will be sent via a Signed for service provided by Royal Mail. If there are any issues with a delivery please contact us and we will try our best to resolve this for you. We will also send using Royal Mail upon request, but this service is not tracked once it leaves the UK, so any failure of delivery is your responsibility.
4.5 Our experience is that when using DHL Air Express, deliveries to the United States of America and Central Europe usually take about 2-3 working days to arrive at their destination; deliveries to Eastern Europe and Asia usually take about 4-5 working days to arrive at their destination; and deliveries to Australasia and South America usually take about 5-7 working days to arrive at their destination. Working days means that Saturdays, Sundays or public holidays are not included in this period. Please note that some Royal Mail deliveries can take up to 3 weeks for delivery as they simply aren’t as fast as express courier services. If an item doesn’t show up in this time get in touch and we will solve the issue for you.
4.6 When using Our standard delivery service, please allow between 10 and 14 calendar days for delivery of your Order.
4.7 Where you require your Order to be delivered quicker than Our standard delivery service We also operate a priority service at an additional charge which you can request when placing your Order. We will confirm any requested prioritised dispatch and cost to you on the relevant Invoice.
4.8 When placing an Order with Us, you can supply Us with delivery instructions such as “leave the Products with our neighbour at number 82, if no answer” and We will pass these instructions on to the courier on your behalf.
4.9 The courier will call you on the contact number (if any) that you provided when placing your Order if they have any issues with making delivery of any Product. A signature is required in order to make and take delivery of the Products.
4.10 All deliveries are scheduled for weekday delivery unless requested otherwise by you when placing your Order. Deliveries to an address on the UK mainland can be scheduled for a Saturday at a cost of £10. The costs for international or non-UK mainland Saturday deliveries vary. Please speak to Our customer services team if you require a quote for an international or non-UK mainland Saturday delivery.
4.11 If no one is available at your address (or at any alternative address notified by you when placing the Order) to take delivery of the Product(s) the courier will leave you a note at the address set out in the Order to confirm that they have attempted to deliver the Product(s) and requesting that you contact them to rearrange delivery.
4.12 Occasionally Our delivery to you may be affected by an Event Outside Our Control (as defined in clause 12.2). If We are unable to meet the estimated delivery date because of an Event Outside Our Control, We will contact you with a revised estimated delivery date.
4.13 Delivery of an Order shall be completed when We deliver the Product(s) to the address (or at an alternative address) that you gave Us in your Order.
4.14 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not
charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.15 The Product(s) will be your responsibility and owned by you from the point at which We or the courier first attempt delivery, whether you (or the nominated alternative)
take delivery or not.
4.16 Delivery of Our Product(s) to the UK mainland is undertaken for a fee of £6 and *free of charge for orders of £100 or more. Any deliveries required to be made to the Scottish Highlands or any islands off the UK mainland will attract a charge of £10. Deliveries to any countries in Europe will be charged at £10 and anywhere else in the world will be charged at £15.
4.17 The charges referred to at clause 4.16 are charged per Product ordered and will be confirmed in the Invoice that We send to you in accordance with clause 2.3.
4.18 Where any Product is to be delivered internationally you will be responsible for any and all tax, duties and/or any other amounts payable in respect of the shipping of the Product(s) into the relevant country.
5 – SELLER’S GUARANTEE OF PRODUCTS
5.1 In addition to and separate from the statutory manufacturers guarantee of 12 months, We guarantee the craftsmanship of Our Products for a period of 5 years from the date of its manufacture (the “Craftsmanship Guarantee”) (including stitching becoming undone due to a craftsmanship error, a buckle breaking due to fractured iron casting, a rivet breaking, a strap breaking from carrying normal loads, etc). In such circumstances, you may return the Product to Us and We will repair or replace the Product as We see fit.
5.2 The Craftsmanship Guarantee is only available where you have registered your Product with Us within 14 calendar days of your receipt of delivery of the Product. If you fail to register the Product with us within the 14 calendar day period, the Craftsmanship Guarantee shall revert to a standard statutory guarantee of 12 months. However, this Craftsmanship Guarantee does not apply in the
circumstances described in clause 5.3.
5.3 The Craftsmanship Guarantee does not apply to any defect in a Product arising from:
5.3.1 fair wear and tear;
5.3.2 wilful damage, neglect, abnormal storage, accident, negligence by you or by any third party;
5.3.3 if you fail to use the Product in accordance with any user or Product maintenance information that we issue with Our Product;
5.3.4 any alteration or repair by you or by a third party; and
5.3.5 any specification provided by you.
5.4 The Craftsmanship Guarantee is in addition to your legal rights in relation to theProduct that is 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 those legal rights.
5.5 Where a Product is returned to Us from the UK mainland as a result of a craftsmanship failure in accordance with clause 5.1, if you notify Us before returning the Product in reliance on the Craftsmanship Guarantee, We will send you a prepaid address label so that you do not incur any postage fees. Otherwise, where any return postage fees are incurred by you for Products covered by the Craftsmanship Guarantee, We will reimburse you for such fees following your provision of proof of your incurrence of those fees to Us.
6 – GOODWILL GUARANTEE AND REPAIR OF PRODUCTS
6.1 As a gesture of goodwill, once a Product has been delivered to you, if you require any adjustments to be made to it, We will wherever possible but at Our sole discretion, carry out such adjustments free of charge. If We determine that a charge will be applicable to any such adjustments, We will notify you by email before carrying out any work or adjustment in respect of the Product. Any charges payable shall be such amount as We shall determine at our sole discretion is appropriate and shall be payable in accordance with clause 8 and before any work is undertaken by Us.
6.2 If you are unhappy with a Product for any reason, you may return it to Us at your own cost within 21 calendar days of receipt if you send Us the proof of purchase. We will refund you the price you paid for the Product once We have received the Product back in a saleable condition.
6.3 If you return any Product to Us, for any reason other than misdescription or fault, where We agree to accept the return of the Product, We may deduct an amount that We consider at Our sole discretion is appropriate from the amount of the refund payable to you. We will notify you of the amount of any deduction that will make and the amount of the refund that We will pay to you, before making any such payment. Any refund payable to you shall be made in accordance with clause 9.8.
7 – RETURN OF PRODUCTS
7.1 Where you are returning a Product from the UK mainland and the Product has a fault, if you notify Us before returning the Product to Us We will provide you with a postage paid returns label. All postage related charges in respect of international returns are payable by you.
7.2 When returning a Product, suitable packaging should be used by you to ensure that the Product does not get damaged in transit whilst being returned. All strapping should be tucked neatly inside the Product and not twisted. You should include a note with the Product being returned that clearly shows your order number, name and address, the reason for the return of the Product (e.g. “It’s too big/small” or “The colour looks different” etc.) and the action you would like Us to take (e.g. “I’d like a smaller size”, “I’d like the same satchel in a darker brown”, “I’d like a refund” etc.)
7.3 When returning the Product, always ensure that you obtain a receipt or proof of posting from the relevant delivery agent so that if the Product does not arrive with Us, you can prove that it was actually posted back to Us and when.
7.4 Products can be returned either to Our Workshops or to Our administrative offices: Workshops Administrative Offices
The Leather Satchel Co.
Units 14b and C
Interchange Business Park
Oaklands Office Park
7.5 Once the Product is received by Us, We will confirm this to you via email within 48 hours of Our receipt and the actions that We will take. If you have any queries regarding the Product returned, please do not hesitate to contact Us and We will endeavour to assist you.
7.6 Exchanges and repairs are usually processed within 10-14 calendar days of Our receipt of the returned Product, but please allow up to 31 calendar days depending on the exact issue. Most refunds are processed within just a few days of our receipt of the returned Product, but please allow up to 21 calendar days from the date of Our receipt of the returned Product. Any refund payable to you shall be made in accordance with clause 9.8.
8 – PRICE AND PAYMENT
8.1 The price of the Products will be as quoted on Our Site from time to time. Our prices may change from time to time, but price changes will not affect any Order(s) that We have confirmed with you.
8.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of your payment of the Invoice, We will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
8.3 The prices for the Products exclude any delivery costs (if applicable), which will be added to the total amount due. Our delivery charges are as set out in these Terms and will be confirmed in the Invoice issued to you.
8.4 It is always possible that, despite Our best efforts, some of the Products or delivery costs We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Products’ correct price or the delivery cost is less than Our stated price, We will charge the lower amount when dispatching the Products to you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Products or send them to you at the incorrect (lower) price. If the Product’s correct price or the delivery cost is higher than the price stated on Our Site or in these Terms, We will contact you as soon as possible to tell you about the error and We will give you the option of continuing to purchase the Products at the correct price or amending your delivery specification (where the mispricing relates to delivery charges), or cancelling your Order. We will not process your Order 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 canceled and notify you in writing. We will refund you the full amount paid by you as soon as is reasonable if you have already made a payment to Us.
8.5 You may pay for Products using the following methods:
8.5.1 a debit or credit card (We accept all major credit and debit cards); or
8.5.2 Google Checkout; or
5.3 a cheque; or
8.5.4 a telegraphic transfer direct to Our bank account (details of which are available on request).
8.6 Payment for the Products and all applicable delivery charges is required to be made in advance of Our starting to manufacture the Product(s).
9 – YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 The Consumer Protection (Distance Selling) Regulations 2000 will apply to these Terms. These regulations entitle consumers to cancel an Order during the period set out in clause 9.4 below and receive a refund. There are exceptions to which this cancellation right does not apply, which include but are not limited to made-to-order or customised Products. All Our Products are hand-made to order. Once you place an Order for Our Products and make payment in respect of it, We will take that as your confirmation to Us to commence making your Product, in which case you will no longer be able to cancel the Order.
9.2 There may be occasions when We are selling Products, which although they are hand-made, are not made specially to order (for example, samples or standard Products which have not been customised). These Products will be identified as such so that you will know this is the case when you place your Order. In this case, the right to cancel referred to in clause 9.1 will apply. Your legal right to cancel an Order starts from the date on which We receive payment in full in respect of your Order in accordance with clause 2.4, which is when the contract between Us is formed and is available for a period of 7 calendar days. If the Products have already been delivered to you, you have a period of 7 calendar days, starting from the day after the day you receive the Products in which you may cancel your Order.
9.3 As a gesture of goodwill, however, where a Product is not customised, the Order may be canceled at any point before Our dispatch of the Products and any amounts paid by you will be refunded. If the Product has already been dispatched, then you will have to wait for the Products to be delivered and then return the Products to Us using the returns procedure set out above.
9.4 If you want to cancel a customised Product, then it is recommended that you contact Our customer services team to establish if the Product has been completed or customised. If not, then We may be able to cancel your Order at Our sole discretion. If the Product has been made past the point where We can use the parts for other Products, then unfortunately, We will not be able to cancel your Order.
9.5 To cancel an Order, please email Us at email@example.com. You may wish to keep a copy of your cancellation notification for your own records. We will endeavour to confirm cancellation of your Order within 24 hours of receipt by Us of your cancellation notice. However, please allow up to 48 hours for Us to check and process the cancellation, and up to 72 hours where cancellation of an Order is placed over a weekend or public holiday
9.6 If We agree to cancel your Order, you will receive a full refund of the price you paid for the Products and any applicable delivery charges paid. We will process the refund due to you as soon as is reasonably practicable and, in any case, within 30 calendar days of the day on which you gave Us notice of cancellation as described in clause 9.4. If you returned the Products to Us because they were faulty or misdescribed, please see clause 9.7.
9.7 If you have returned the Products to Us under this clause 9 because they are faulty or misdescribed, We will either offer you a replacement Product or refund the full price of the defective Product, any applicable delivery charges, and any reasonable costs you incur in returning the item to Us.
9.8 We will make any refund to you in the manner in which payment was made by you to Us. If the Products were delivered to you:
9.9.1 unless the Products are faulty or not as described (in this case, see clause 9.7), or where you are relying on the Craftsmanship Guarantee in clause 5, you will be responsible for the cost of returning the Products to Us; and
9.9.2 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.
10 – OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
If We have to cancel an Order for Products (including made-to-measure or customised Products) before the Products are delivered where We have already started work on your Order for made-to-measure Products by the time We have to cancel under this clause 10, We will not charge you anything and you will not have to make any payment to Us.
11 – OUR LIABILITY TO YOU AS A CONSUMER
11.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are 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 Us at the time We entered into this contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not exclude or limit in any way Our liability for:
11.3.1 death or personal injury caused by Our negligence or the negligence of Our employees or agents;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.3.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
11.3.5 defective products under the Consumer Protection Act 1987.
12 – EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control (as defined in clause 12.2).
12.2 An “Event Outside Our Control” means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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.
12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
12.3.1 We will contact you as soon as reasonably possible to notify you; and Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
13 – INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 If you have any questions or if you have any complaints, please contact Us by telephoning Our customer service team at 08000 32 8884 or by e-mailing Us at firstname.lastname@example.org.
13.2 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 at email@example.com or by pre-paid post to The Leather Satchel Co. at Unit
DB02, Oaklands Office Park,
Hooton Road, Hooton,
We will confirm receipt of any such notice by contacting you in writing. 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 the Order.
13.3 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
14 – HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to Us to:
14.1.1 provide the Products;
14.1.2 process your payment for such Products; and
14.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us in writing.
14.2 We will not give your personal data to any other third party.
15 – OTHER IMPORTANT TERMS
15.1 We may transfer Our rights and obligations under these Terms to another organisation but this will not affect your rights or Our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
15.2 This contract is between you and Us. 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.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or unenforceable that provision or part-provision shall, to the extent required, be deemed or deleted, and the remaining paragraphs will remain in full force and effect.
15.4 If any unlawful, invalid or unenforceable provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
15.5 A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15.6 These Terms are governed by English law and any contract for the purchase of Products between Us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual disputes or claims) will be governed by English law.
15.7 You and We both agree to submit to the exclusive jurisdiction of the English courts however, we reserve the right to bring proceedings against customers in the countries of their residence.