MATTER OF STUFF TERMS OF SALE
These Terms will apply to any contract between you and the relevant Seller on our site for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website matterofstuff.com. We are Matter of Stuff Limited, a company registered in England and Wales under company number 08878002 and with our registered office at 22 Sunderland Terrace, London, England W2 5PA.
1.2 To contact us, please see our Contact Us page.
2. THE PRODUCTS
2.1 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. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible and particularly where the Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2-10% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of website use.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND A SUPPLIER
7.1 For the steps you need to take to place on order on our site, please see our How To Shop Online page.
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail (Acceptance Confirmation). The Contract between us will only be formed when we send you the Acceptance Confirmation. We will also send you an email when the Product has been dispatched.
7.5 We sell Products on our site on behalf of and as the agent of the Sellers. We operate the Site, source the Products and process the transactions. The legal contract relating to your purchase of each Product is made between you and the relevant Seller on these terms.
7.6 If a Supplier is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time.
8.2 Every time you order Products from our site, the Terms in force at that time will apply to the Contract between you and the relevant Supplier.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 We are proud to offer a variety of Products on our site, ranging from unique and limited-edition pieces to manufactured goods. Please ensure that you order the right Product for your needs. If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify the Supplier of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of any Products made to order or clearly personalised.
All goods that are made to order are clearly labelled as such on our website.
For goods made to order we will not be able to change orders, make a refund or exchange any item.
You should only order if you are sure that the item and finish is right for your needs as you will not be able to change the order.
Also you should be careful to check access to your property, as delivery is on the basis that you have checked the dimensions of the item and that it fits through all doorways, stairwells and within the area of intended use.
We have no liability for items ordered that a customer no longer requires. Once an order has been processed the customer is liable to purchase the item/s.
9.2 You may cancel a Contract (other than for Products made to your specification or clearly personalised) at any time within 14 days of the date of the Acceptance Confirmation, which is when the Contract between you and the Seller is formed. To cancel a Contract or return a delivered Product within this period, contact the Supplier using the details in the Acceptance Confirmation.
9.3 Following cancellation under clause 9.2, you will receive from the Supplier a full refund of the price you paid for the Products (subject to any reasonable deduction in relation to your use of the Product prior to return) and any applicable delivery charges you paid for. You are liable for the cost of returning the Products if you cancel under clause 9.2. The refund due to you will be processed as soon as possible and, in any case, within 14 calendar days of the day on which you gave notice of cancellation as described in clause 9.2. If you returned the Products because they were faulty or mis-described, please see clause 9.4.
9.4 Please inspect your purchases as soon as possible on receipt. If your purchase is damaged please contact us as soon as possible via email to email@example.com, attaching at least two photos of the damage.
9.5 If you need to return the Products because they are faulty or mis-described, the Supplier will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to it.
9.6 Refunds will be issued to you on the credit card, debit card, or PayPal account used by you to pay, or by direct bank transfer if you used that method.
9.7 If the Products were delivered to you:
(a) you must return the Products to the Supplier as soon as reasonably practicable, adequately packed and in the original packaging. If the Products require collection, the Supplier will organise collection of the Products from the address to which they were delivered and will contact you to arrange a suitable time for collection;
(b) unless the Products are faulty or not as described (in this case, see clause 9.4), you will be responsible for the cost of returning the Products to the Supplier or, where relevant, the cost of us collecting the Products from you. Please contact us at firstname.lastname@example.org in relation to the return of any large or fragile items;
(c) 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.
9.8 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Acceptance Confirmation.
9.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms.
10.1 The Supplier will use reasonable endeavours to fulfil your order by the estimated delivery date set out in the Acceptance Confirmation. If it is unable to meet the estimated delivery date, it will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when the Supplier delivers the Products to the address you gave us.
10.3 The Products will be your responsibility from the completion of delivery.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges
10.5 Please check access to your property prior to your order; delivery is offered on the basis that you have checked the dimensions of the Product and that it fits through all doorways, stairwells and into the area of intended use or installation.
11. INTERNATIONAL DELIVERY
11.1 We deliver to the countries listed on this page International Delivery Destinations. However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
11.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. PRICES OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for the Products may change from time to time, but changes will not affect any order which we have confirmed with an Acceptance Confirmation.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page .
12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price 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 cancelled and notify you in writing. Please note that 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 to you at the incorrect (lower) price.
13. HOW TO PAY
13.1 You can pay for Products via direct bank transfer, PayPal or by using a debit card or credit card. Matter of Stuff Ltd operates through Paypal Express, the most secure checkout terminal to date. Matter of Stuff Ltd currently accepts Visa, MasterCard, Maestro, American Express, Paypal and Bank Transfer payments (Bank Transfer payments are only accepted in GBP£).
13.2 Payment for the Products and all applicable delivery charges is in advance. Payment will be required at checkout.
14. OUR LIABILITY
14.1 We act as the agent of the Suppliers and have no liability to you in relation to each Contract.
14.2 Nothing in these Terms limit or exclude our liability or that of the Suppliers for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
14.3 Subject to clause 14.1, neither we nor the Suppliers will under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with a Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.4 Subject to clause 14.1 and clause 14.3, our total liability to you and the total liability of the Supplier to you in respect of all other losses arising under or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the relevant Products.
14.5 Except as expressly stated in these Terms, neither we nor the Suppliers give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. EVENTS OUTSIDE A SUPPLIER’S CONTROL
A Supplier under a Contract will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by any act or event beyond its reasonable control.
16. GOVERNING LAW AND JURISDICTION
These Terms are governed by English law and any dispute or claim arising out of or in connection with it will be governed by English law. The courts of England and Wales will have non-exclusive jurisdiction.