TERMS AND CONDITIONS
In using this website you are deemed to have read and agreed to the following terms and conditions:
1. In these terms and conditions, “we” “us” and “our” refers to The Worry Bag Company Limited. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of the United Kingdom only. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
3. Our services are provided to adults over the age of sixteen (16) years. By proceeding to purchase through our website, you acknowledge that you are over 16 years of age.
4. All prices are in Great British Pounds (GBP). We endeavour to ensure that our price list is current. We reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
5. The Order you place via the Website constitutes an offer to purchase the Goods in accordance with these Conditions. You are responsible for ensuring that the terms of the Order and any Specification submitted by you are complete and accurate.
6. The Order shall only be deemed accepted by The Worry Bag Company Limited when you have paid for the goods, monies received by The Worry Bag Company Limited and the goods have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an order does not constitute legal acceptance by The Worry Bag Company Limited of your order.
7. All Orders placed via the Website are subject to stock availability and to the validation checks described in point 21 below. In the event that you place an Order for an item that is not available from stock, The Worry Bag Company Limited will contact you as soon as possible. You will have the option to wait until the items are available from stock or to cancel your Order. In these circumstances, upon cancellation, you will be refunded in full.
8. The Worry Bag Company Limited only accepts Orders originating from and for delivery to UK addresses.
9. The Worry Bag Company Limited will retain details of your Order in our database and these details can be made available to you on request by emailing firstname.lastname@example.org
10. Products are described on the Website. The products supplied may vary from the pictures displayed.
11. The Worry Bag Company Limited reserves the right to amend the product description if required.
12. Representations of colour online are as accurate as electronic processes will allow.
13. All sizes are supplied as a guide only and are approximate.
14. In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. You will be given the option to proceed with this revised Order at the correct price or description, or to cancel the Order. Upon cancellation, your credit or debit card will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
Prices and Payment
15. The price of the Goods is the price set out on the Website. All prices are shown in Pounds Sterling.
16. The price of the Goods is exclusive of the costs and charges of packaging, insurance and transportation of the Goods, which shall be invoiced to you separately.
17. The Worry Bag Company Limited is not VAT registered.
18. The Worry Bag Company Limited accepts payment by most major credit or debit cards registered at UK addresses. We regret that we are unable to accept payment online by cheque or cash.
19. Please ensure that the expiry date of your credit or debit card is after the anticipated despatch date of your Order. Payment will be debited from your account just before the despatch of your goods, and if your payment card has expired, we will be unable to take payment and fulfil your Order.
20. The Worry Bag Company Limited will endeavour to process any payments at the time of dispatch. On the rare occasion that this process is not successful, we will re-process accordingly. We will not inform you if this delay occurs. The Worry Bag Company Limited are not liable for any bank charges that may be incurred by the Customer if sufficient funds are not available at the time when payment is taken.
21. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, to prevent fraudulent use of credit and debit cards, The Worry Bag Company Limited may validate the names, addresses and other information supplied during the Order process against commercially available records (e.g. Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the Website you consent to such checks being made.
22. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your Order or we may be unable to accept your Order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
23. The Worry Bag Company Limited. can only deliver to addresses within the United Kingdom. Unfortunately, we are unable to deliver to non-UK destinations, including the Republic of Ireland, the Channel Islands and BFPO addresses.
24. For deliveries to non-mainland UK addresses and certain remote locations e.g. Scottish Isles, Isle of Man, Isle of Wight, Northern Ireland and the Scottish Highlands, there may be an additional surcharge imposed by our couriers and a slightly longer delivery lead-time.
25. The delivery charge for each item is listed on the product detail page. When you add products to your shopping basket and have chosen the delivery option (if applicable), the appropriate charge will be added automatically. All delivery charges will be shown clearly throughout the checkout process.
26. Any dates quoted for delivery are approximate only and The Worry Bag Company Limited cannot be held liable for any costs incurred if delivery is delayed.
27. However, in the event that delivery is delayed for next day/named day deliveries, The Worry Bag Company Limited’s liability will be limited to a refund of the additional surcharge paid.
28. Please be aware that Royal Mail First Class postal service can take up to 7 days. This is under the terms of Royal Mail and is out of control of The Worry Bag Company Limited.
29. The Worry Bag Company Limited may also use a courier company as it deems fit and delivery will be dependent upon that company’s operating terms and conditions.
30. The Worry Bag Company Limited shall deliver the Goods to the location set out in the Order or such other location as the parties may agree at any time after.
31. Delivery of the Goods shall be completed on the Good’s arrival at the Delivery Location.
32. The Worry Bag Company Limited may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
33. Risk in the Goods (including risk of loss and damage to goods) will pass to you on completion of delivery.
34. If the courier fails to deliver the Goods, they will either attempt to deliver to an immediate neighbour, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local Post Office for you to collect.
35. The Worry Bag Company Limited shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by a Force Majeure Event or the Customer’s failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
36. If you do not want any item that we have delivered, we are happy to offer you an exchange or refund within 14 days of delivery, provided that it is returned to us in its original and unused condition (including in its original packaging), along with the wrapping and delivery note (as proof of purchase).
37. If you choose to return an item by post you will need to cover the cost of postage, however, if you are returning a faulty item your postage cost will be refunded once we have received the item back and have checked and confirmed the fault.
38. Personalised products and made-to-order products cannot be returned unless faulty.
39. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the Goods at your own cost. The goods must be returned unopened and you must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
40. You may send returns back to us via whichever method you choose, however, we do recommend using a trackable service and obtaining proof of postage. When sending returns back to us please make sure they are securely packaged, as The Worry Bag Company Limited cannot be responsible for lost or damaged returns.
41. We will endeavour to process refunds as soon as possible, but will refund the account within 30 days.
42. Under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your Order any time before despatch, or within fourteen days of receiving your goods. If you cancel after dispatch of Goods, The Worry Bag Company Limited will attempt to stop the item in transit, but if the Goods are delivered, you will still be entitled to a full refund. Please see term 37 for carriage costs.
43. For information on how to return an item, please contact email@example.com.
44. This does not affect your statutory rights.
45. We have several different e-mail addresses for different areas of the business. These, and other contact information, can be found on our Contact Us link on our website.
46. This Company is registered in England and Wales, Number 9040189 registered office The Worry Bag Company, No 3 Grasmere, Huntingdon, Cambs PE29 6UR
47. Where applicable, details of manufacturers’ guarantees or service arrangements will be provided with the product. The Worry Bag Company Limited will initially deal with after sales service and warranty/guarantee claims.
48. This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier/The Worry Bag Company Limited, failure to follow the Suppliers/The Worry Bag Company Limited’s instructions, or any alteration or repair carried out without the Supplier’s/The Worry Bag Company Limited’s approval.
49. All warranties are non-transferable and only apply for the original Customer.
Complaints and Queries
50. If you are not happy with any aspect of our service or products, discover a fault with our website, or if you have any queries or comments relating to an order placed online, please contact firstname.lastname@example.org and we will do everything we can to help you.
51. Your access to The Worry Bag Company Limited website may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance or repairs. We will attempt to restore the service as soon as we reasonably can.
Safe Shopping Guarantee
52. Although The Worry Bag Company Limited takes all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online. You accept the inherent security risks of providing personal information and dealing online over the Internet and The Worry Bag Company Limited cannot be held responsible for any breach of security unless it is due to our negligence.
53. The Worry Bag Company Limited’s website is operated by The Worry Bag Company Limited.
54. Nothing in these Conditions shall limit or exclude The Worry Bag Company Limited’s liability for:
a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by Section 12 of the Sale of Goods Act 1979;
d) defective products under the Consumer Protection Act 1987;
e) any matter in respect of which it would be unlawful for The Worry Bag Company Limited to exclude or restrict liability.
f) The Worry Bag Company Limited shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and The Worry Bag Company Limited’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the monies paid by the Customer to The Worry Bag Company Limited.
g) The majority of card issuers cover all the charges that may result from unauthorised use of your credit card or debit card, but some may limit your liability to £50. If you believe your credit or debit card has been subject to unauthorised use you should contact your card issuer without delay.
55. Neither party shall be liable for any failure or delay in performing its obligations under the Contract where such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, riot, fires, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
56. The Worry Bag Company Limited reserve the right to change these Terms and Conditions at any time, without notice. Any changes will take effect when posted on this Website. By using this Website you agree to be bound by these Terms and Conditions.
57. Any notice or other communication given to the Customer under or in connection with the Contract shall be in writing, addressed to the Customer at the address that the Customer has specified to The Worry Bag Company Limited in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
58. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in point 57 if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
59. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
60. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
61. The copyright to all content on this website and all products including applets, graphics, images, layouts and text belongs to The Worry Bag Company Limited.
62. All trade marks, brands and logos generally, but not always, identified either with the symbols TM or ® which are used on this website are owned by us. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. Registration numbers UK00003101586 and UK00003101584.
63. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
64. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
65. When you visit our website, we give you a limited licence to access and use our information for personal use.
65. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
66. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy (GDPR Updates 25th May 2018)
67. We undertake to take all due care with any information which you may provide to us when accessing our website. If there are any data breaches where your information is accessed, then within 72 hours of becoming aware of the breach we will report this to to the relevant supervisory authority. We must then inform the affected individuals without undue delay.
68. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. However we may, from time to time, send you details of products that may be of interest to you and to update you regarding changes and achievements relevant to The Worry Bag Company Ltd. You have the right to opt out of marketing mails or to be forgotten completely, please send an email to email@example.com to have your details updated.
69. Your address details will be passed on to Royal Mail for the express use of delivering your order, no other details such as contact numbers will be sent.This is termed ‘Lawful basis for processing’ as termed by ICO. For more information on GDPR, please use the following link Individual rights
70. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a order or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.