Terms of Use

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General

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1.1         These terms and conditions (“Terms”) explain your rights and obligations in relation to this web site, located at www.mymagpieheart.com and www.mymagpieheart.co.uk (“Site”) and any goods or services purchased through this Site.

 

1.2         This Site is operated by My Magpie Heart of 84 Upper Grosvenor Road, Tunbridge Wells, Kent, TN1 2EU. You can email us at ah.mymagpieheart@gmail.com.

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1.3         Please read these terms and conditions (the “Terms”) carefully. By accessing and using our website and any content and features therein, (together, our “Services”) you indicate your acceptance of these Terms and any other notices, guidelines and rules published by My Magpie Heart on our Services from time to time.

 

1.4         If you do not accept these Terms please do not access and / or use the Services.

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1.5         My Magpie Heart may update these Terms at any time by posting such changes on the Site. These will regulate any transactions from the date of posting.  Please review the Terms regularly to ensure you are aware of any changes. Your continued use of the Site after changes have been made shall mean you are bound by the updated and / amended terms.

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Jurisdiction

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2.1         These Terms are regulated by the Laws of England and Wales (“UK Law”).  Any disputes arising from or related to our Services shall also be subject to the jurisdiction of the courts of England and Wales.

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Use of our Site or Services

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3.1         You agree to use our Site or Services for lawful purposes only, and in compliance at all times with these Terms and with all laws and regulations that apply.

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3.2         In accessing our Site or Services, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You will need our prior written permission if you want to use any content on our Site or Services for any other reason.

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3.3         If you are under 16 you will need to obtain your parent’s or guardian’s permission before using our Site. You must not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address to us or to any other user of our Services.

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Purchasing From Us

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4.1         Our Site and Services are subject to change without notice, and we reserve the right to improve, alter or modify designs without prior notification. We will inform you of any changes to the advertised goods prior to dispatch of such goods. If you are unhappy with these improved, altered or modified goods you can cancel your order before delivery. Please refer to our Returns Policy for further instructions.

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4.2         Goods on our Site are assembled to order on a first come first served basis. While we try to ensure that we have sufficient supplies to meet all requirements, there will occasionally be problems with supply. If this occurs we will notify you of the delay and estimated delivery date as soon as reasonably possible. You will be given the option of receiving a full refund if you would prefer not to wait.

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4.3         By submitting your order, you are offering to buy the goods, and allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers or other subcontractors if required).

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4.4         We are not obliged to supply the goods to you until we have confirmed that we have accepted your order and received payment in full. Your order will be deemed to have been accepted when we dispatch the ordered goods. We may at our total discretion reject your order.

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4.5         All drawings, specifications, sizes, photographs, images, descriptive matter and advertising published by us or contained on our Site are issued only for giving an approximate idea of the goods described in them, any colours shown are intended as a guide only. They do not form part of the Terms.

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4.6         We strongly advise all customers to inspect goods on delivery to confirm they are satisfied with the product. If an item is damaged or unsatisfactory, contact us on the day of receipt, informing us of your intention to return the item. Refer to our Returns Policy for further instructions.

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Pricing

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5.1         All prices are shown in Great British Pounds and include Value Added Tax. We reserve the right to amend prices at any time, and also adjust the VAT element if this changes.

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5.2         Delivery costs within the UK are determined by size and weight as they show at the time of your order on the Royal Mail website, or other courier service we may choose to use. The cost of delivery will be confirmed to you before confirmation and dispatch of your order. Please check the product information for the intended speed and method of dispatch.

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5.3         Unless clearly stated that they have been included in the price given, any Delivery charges shall be added to the price to be paid by you.

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Overseas Orders

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6.1         We are not currently accepting orders to be delivered overseas. However, if you wish us to consider it, please notify us of which items you wish to order, and where you would like them to be sent. If we decide to accomodate your request, we will notify you of expected delivery costs and any export duty due before confirming your order. We will inform you if we are unable to accept your order.

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Payment Methods

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7.1         We currently accept payments via Stripe and Paypal. Other payment methods may be added or removed from time to time.

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Limitation of Liability

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8.1         All reasonable efforts have been made to ensure that the information contained on this site is correct and up to date. However, we cannot guarantee this is the case, and we shall not be liable for inaccuracies or for your reliance on incorrect or out of date information. Whilst we will try to take all reasonable steps to protect your personal details, we cannot guarantee the security of any data you disclose on-line and will not be responsible for any breach of security unless this is due to our negligence. We do not have any liability to you arising out of your use or inability to use the site. We will not be liable to you for any unforeseeable losses.

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8.2         We shall not be responsible for any breach of these Terms caused by circumstances beyond our control or beyond the reasonable control of our suppliers, including without limit industrial disputes, war, flood and changes in legislation.

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Copyright and Intellectual Property

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9.1         All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, advertisements or other content, services or materials (or any part of them) accessible on our Services are protected by copyright, trademarks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise, any license or right to use the Materials other than as permitted in these Terms.

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9.2         Except as specifically permitted, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify or show in public any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs and Patents Act 1988.

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Advertising and Sponsorship

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10.1        Part of or all of our Site may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion in our Services comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.

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Cancelling Your Order

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11.1        You have the right to cancel your order under the consumer protection act.  An order can be cancelled up to 14 days after the order has been delivered. You don't have to give a reason, but any feedback would be welcomed.

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11.2        To cancel an order please contact us as soon as possible, either before dispatch or within 14 days of delivery to discuss a refund, return or exchange. If returning items, all dispatched goods must be returned to us in the condition they were sent, and at your expense. Returned items should be received within 14 days of the order being cancelled. Refunds will be made within 14 days of the returned goods being received.

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11.3        Please note that you will be responsible for the cost of returning the goods to us unless we delivered the item to you in error or the item is faulty.

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Exchanges and Refunds

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12.1        Where a non faulty item has been returned in a satisfactory condition, the purchaser can choose to receive an alternate item instead of a refund. Delivery of any alternate goods requested is dependent on availability.

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12.2        If the original item was more expensive than the alternate item requested, the difference in price will be refunded to the purchaser when the replacement goods are dispatched. This will take into account any additional delivery costs.

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12.3        If the original item was cheaper than the alternate item requested, the additional funds must have been paid before the goods can be dispatched. This will take into account any additional delivery costs.

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12.4        Refunds are processed within 14 days of the returned items being received in a satisfactory condition. Any repayments are made through the same payment method as the original purchase.

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12.5        International customs duties and sales taxes are non-refundable.

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Returns Policy

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13.1         My Magpie Heart wants you to be fully satisfied every time you purchase from us. However, if some or all of the goods received are faulty or have been damaged in transit, you can receive a refund for returned goods. All unsatisfactory goods should be returned in accordance with the following procedure:

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13.1.1      We strongly recommend inspecting goods as soon as they are received to confirm they have arrived in a satisfactory condition. In the event of goods being faulty, you retain your Statutory Consumer rights as afforded to you under UK law at the point of sale.

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13.1.2      If you are cancelling an order for non faulty items please notify us by email within seven days of receipt of the goods in line with the United Kingdom’s Distance Selling Regulations.

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13.1.3      For all other returns, please notify us as soon as possible but within 14 days from the date of delivery. In your notification email please confirm which items are being returned and why. Please include any information about faults or transit damage.

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13.1.4      Goods must be returned in their original unused condition with all packaging. We are not obliged to accept returns for items that have been used.

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13.1.5      Upon receipt of your email, we will send a Returns Authorisation confirming which items are being returned.

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13.1.6      Within 7 days from the date the Returns Authorisation was sent, the items must be returned to the address provided in communications about the return.

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13.1.7      We strongly recommend that you use a recorded-delivery service or a courier that will offer proof of delivery. Proof of posting is not proof of receipt and all goods remain the responsibility of the purchaser until they have been received by My Magpie Heart.

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13.1.8      Please ensure you have adequate insurance in place and wrap the package safely and securely.

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13.1.9      Returns postage is the responsibility of the purchaser unless the goods are deemed to be faulty.

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13.1.10     If you have overrun your time period for returning goods, please email ah.mymagpieheart@gmail.com and we will contact you to discuss if a return will still be permitted.

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Cookies

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14.1        This website may use “cookies”. These cookies collect information about how visitors use a website, for instance the IP address from which the visit is made, which pages they visit, how long they spend on the site and if they get an error message from the web pages. These cookies do not collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works. By using this website, you agree that we can place these types of cookies on your device.

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Warranties and Disclaimers

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15.1        Our Services are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied in connection with our Services and your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).

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Links To and From Our Site

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16.1        Linking From Our Site.

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16.1.1      We have no control over the content or availability of third party sites that you may access through our Site and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

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16.1.2      We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any Terms, conditions, warranties or representations associated with any dealing on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.

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16.2        Linking To Our Site.

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16.2.1        You may only link to our Site if we have provided our prior written consent. If given, we reserve the right to withdraw linking permission without notice at any point.

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16.2.2      Any links to our Service must be made in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to our Site does not imply that we endorse, are affiliated with or are associated with any linked site, or that any linked site is authorised to use any of our trademarks, trade names, brands, logos, copyright symbols or those of any of our affiliates or licensors.

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16.2.3      Links to our Services are not permitted from any websites that:

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• Incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour;

• Promote, encourage or facilitate violence;

• Promote, encourage or facilitate terrorism or other activities that risk UK national security;

• Discriminate against any specific social group or otherwise exploit vulnerable sections of society;

• Promote, facilitate or encourage illegal activity;

• Which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK Law’ or

• Which infringe individual privacy.

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Severability

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17.1        If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

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Last updated: April 2023