Terms and Conditions

TERMS & CONDITIONS OF SALE

1. INTRODUCTION

Please read these terms and conditions carefully, as they govern the sale and purchase of products through our website.

You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Protection (Distance Selling) Regulations 2000).

 

2. INTERPRETATION

In these terms of sale:

(a)   ‘we’ means Mary Wemyss T/A Molly & The Wolf; and

(b)   ‘you’ means our customer or prospective customer,

and ‘us’, ‘our’ and ‘your’ should be construed accordingly.

 

3. ORDER PROCESS

The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

To enter into a contract through our website to purchase products from us, the following steps must be taken:

(a)   Add the required product/s to your shopping bag and view your shopping bag at the top right of the screen.

(b)   Adjust quantity, apply promotional code, calculate shipping then click ‘Proceed to Checkout’.

(c)    Enter your contact details and shipping address, be sure to double check your order total is correct.

(d)   Choose your preferred payment option, PayPal or Stripe (Both will accept all major Debit/Credit Cards) Then click ‘Place Order’.

(e)   You will be directed to the secure checkout process, follow the instructions on screen to complete your order.

(f)     Upon completion you will receive Email Confirmation of your order, if you have any questions please contact info@mollyandthewolf.com

 

You will have the opportunity to identify and correct input errors prior to making your order by

(a)   Adjusting quantity, removing products or applying promotional codes while on the cart page.

(b)   Address details and order information are presented on the checkout page and all personal information can be checked here before selecting a payment method and proceeding with your order.

 

4. THE PRODUCTS

We sell gifts and craft kits for children aged 0 – 10.  These include:

–          Contemporary Toys, Games and Puzzles

–          Clothes and Accessories

–          Homewares

–          Books

–          Wolf’s Craft Kits and Arts and Crafts Supplies.

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

 

5. PRICES

The prices of our products are quoted on our website.

We will from time to time change the product prices quoted on our website, but this will not affect contracts that have previously come into force.

All amounts stated in these terms and conditions or on our website are stated inclusive of VAT (where applicable).

It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that a product’s correct price will be notified to you before the contract of sale comes info force.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

 

6. PAYMENTS

You must, during the checkout process, pay the prices of the products you order.

Payment must be made by any of the permitted methods specified on our website from time to time.

If you fail to pay us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

 

7. DELIVERIES

Our policies and procedures relating to the delivery of products are set out in our delivery policy document.

 

8. DISTANCE SELLING: RIGHT OF CANCELLATION

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant product or products, subject to the limitations set out below).

You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a)   the supply of goods made to your specifications or clearly personalized; or

(b)   the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

In order to cancel a contract on the basis described in Section 8, you must give us written notice of cancellation.

If you cancel a contract on the basis described in Section 8, you must return the product or products to us, in the same condition in which you received them.

If you cancel a contract on the basis described in Section 8, you will receive a full refund of the amount you paid, including the cost of sending the product or products to you; however, you will be responsible for paying the cost of returning the product or products to us.

If you cancel a contract on the basis as described in this Section 8, and you do not return the product or products to us, we may recover the product or products and charge you for the costs we incur in doing so;  similarly, if you return the product, or products at our expense, we may pass that expense on to you.

We will usually refund money using the same method used to make the payment.

We will process the refund due to you as a result of cancellation on the basis described in this Section 8 as soon as possible and, in any case, within the period of 30 days following the day we receive your valid notice of cancellation.

 

9. WARRANTIES & REPRESENTATIONS

You warrant and represent to us that:

(a)   you are legally capable of entering into binding contracts;

(b)   you have full authority, power and capacity to agree to these terms of sale;

(c)    the information provided in your order is accurate and complete;

(d)   you will be able to accept delivery of the products in accordance with these terms of sale and our delivery policy;

(e)   you are at least 18 years of age.

 

We warrant to you that:

(a)   we have the right to sell the products that we buy;

(b)   the products that we sell to you are sold free from any charge or encumbrance, except as specified in these terms of sale;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms of sale;

(d)   the products you buy will correspond to any description published on our website; and

(e)   the products you buy will be of satisfactory quality.

 

10. BREACH OF PRODUCT WARRANTY

If you believe that products you have purchased from us breach any of the warranties set out in Section 9, please contact us to discuss the issue and arrangements for the return of products.

If products you purchase from us do not conform with the warranties set out in Section 9, then you will be entitled to a refund of all amounts paid in respect of those products.  Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you.  In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.

If you return a product in contravention of these terms of and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)   we will not refund the purchase price or exchange the product;

(b)   we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)    if we do not receive payment for such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

 

11. LIMITATIONS AND EXCLUSIONS OF LIABILITY

11.1 Nothing in these terms of sale will:

(a)   limit or exclude any liability for death or personal injury resulting from negligence;

(b)   limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)   exclude any liabilities that may not be excluded under applicable law,

and if you are a consumer, your statutory rights will not be excluded or limited by these terms of sale, except to the extent permitted by law.

The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a)   are subject to the above; and

(b)   govern all liabilities arising under these terms of sale or relating to the subject matter of these terms of and conditions including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

12. ORDER CANCELLATION

We may cancel any contract made under these terms and conditions immediately, by giving you written notice of termination if:

(a)   you fail to pay, on time and in full, any amount due to us under the contract; or

(b)   you commit any breach of the terms of the contract.

 

We may cancel a contract to supply a product or products made under these terms of sale by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

 

13. CONSEQUENCES OF ORDER CANCELLATION

If a contract made under these terms and conditions is cancelled in accordance with Section 12:

(a)   we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)   you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)    all the other provisions of these terms of sale will cease to have effect, except that Sections 1, 6, 11, 16, 17, 18, 19, 20 and 21[MW3]  will survive termination and continue in effect indefinitely.

 

14. SCOPE

These terms and conditions do not constitute or contain any assignment or licence or any intellectual property rights.

These terms and conditions do not govern the licensing of works (including literary works) comprised or stored in products.

These terms and conditions do not govern the provision of any services by us or any third party in relation to the products (other than delivery services)[MW4]

 

15. VARIATION

We may revise these terms and conditions from time to time by publishing a new version on our website.

A revision of these terms and conditions will govern contracts made under these terms and conditions at any time following the time of revision, but will not affect contracts made before the time of the revision.

 

16. ASSIGNMENT

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

17. NO WAIVERS

No breach of any provision of these terms and conditions will be waived except with the express written consent of the party not in breach.

No waiver of any breach of any provision of these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of these terms of sale.

 

18. SEVERABILITY

If a provision of these terms of sale is determined by any court of other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms of sale would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

19. THIRD PARTY RIGHTS

These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

 

20. ENTIRE AGREEMENT

Subject to Section 11, these terms of sale, together with our delivery policy and our returns policy, constitute the entire agreement between you and us in relation to the sale and purchase of our products and supersede all previous agreements between you and us in relation to the sale and purchase of our products.

 

21. LAW AND JURISDICTION

These terms of sale shall be governed by and construed in accordance with English law.

Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

 

22. STATUTORY & REGULATORY DISCLOSURES

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website.  We recommend that you consider saving a copy of these terms and conditions for future reference.

These terms and conditions are available in the English language only.

 

23. OUR DETAILS

This website is owned and operated by Mary Wemyss T/A Molly & The Wolf

Our principal place of business is at:

Molly & The Wolf

7 21 Alaska Buildings

61 Grange Road

London,  SE1 3BD

 

You can contact us by writing to the business address given above, or by email to: info@mollyandthewolf.com

 

TERMS & CONDITIONS:  TERMS OF USE

 

1. INTRODUCTION

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.  Accordingly, if you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms of use.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

2. COPYRIGHT NOTICE

Copyright © 2014 Molly & The Wolf

Unless otherwise stated, we or our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

3. LICENCE TO USE WEBSITE

You may: (a) view pages of our website in a web browser; (b) download pages from our website for caching in a web browser; (c) print pages from our website; and (d) stream video files from our website.  This is subject to the other provisions of these terms of use.

Except as expressly permitted above, or in the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:  (a) republish material from our website (including republication on another website);  (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or (e) redistribute material from our website.

Not withstanding the above, you may redistribute our newsletter in print and electronic form to any person.

We reserve the right to restrict access to areas of our website; or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

4. ACCEPTABLE USE

You must not:  (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;  (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;  (e) access of otherwise interact with our website using any robot, spider or automated means; (f) violate the directives set out in the robots.txt file for our website; or (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current and complete.

 

5. PRODUCTS

The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

We will do our best to make sure that all of the prices on our website are correct, but sometimes due to human error, the prices stated on our website may be stated incorrectly.

The sale and purchase of products through our website will be subject to terms of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

 

 6. REGISTRATION & ACCOUNTS

You can register for an account by clicking on the ‘Register’ link in the top right corner of the site or by registering during the checkout process.  To register an account you need to enter a username and password.  Once registered you can login using the ‘login’ link in the top right of the website.  You can then manage your address book, orders and personal details.

 

7. USER IDs & PASSWORDS

If you register for an account with our website you will be asked to provide your email address and a password.

You must keep your password confidential, and you must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

8. CANCELLATION AND SUSPENSION OF ACCOUNT

We may suspend or cancel your account at any time in our sole discretion without notice or an explanation.

You may cancel your account on our website by sending us an email requesting your account be cancelled.

 

 9. LIMITED WARRANTIES

We do not warrant or represent: (a) the completeness or accuracy  of the information published on our website; (b) that the material on our website is up to date; or (c) that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website at any time in our sole discretion without notice or explanation; and save to the extent that these terms of use expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by explicable law and subject to Section 10, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

10.  LIMITATIONS & EXCLUSIONS OF LIABILITY

Nothing in these terms of use will:

(a)   limit or exclude any liability for death or personal injury resulting from negligence;

(b)   limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)   exclude any liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms of use:

(a)   are subject to the above; and

(b)   govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or good will.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

11.  BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions of use in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)      block computers using your IP address from accessing our website;

(e)      contact any or all your internet service providers and request that they block your access to our website;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on our website.

 

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber’s subscription.  Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not refund to you the subscription charge or any element of the subscription charge you have paid.

We may also cancel subscriptions on [30 days’] written notice without cause.  Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).

 

12 Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

 

12. VARIATION

We may revise these terms and conditions from time to time.  The revised terms and conditions will apply from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.

 

13. ASSIGNMENT

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

14. SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

15. THIRD PARTY RIGHTS

These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.  The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

 

 16. ENTIRE AGREEMENT

Subject to Section 10.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

 

17. LAW & JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law.

Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

 

18. OUR DETAILS

This website is owned and operated by Mary Wemyss T/A Molly & The Wolf

Our principal place of business is at:

7 21 Alaska Buildings,

61 Grange Road,

London

SE1 3BD

You can contact us by writing to the business address give above or by email to info@mollyandthewolf.com