Cancellations/Returns, Conformity & Refund Policy

Withdrawal and cancellation

37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

38. You can cancel the Contract for any Goods, which are made to your special requirements the (Returns Right) by telling us no later than 15 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price of those Good which have been paid for in advance, but we can retain any spate deliver charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.

39. This is a distance contract (as defined below) which has cancellation rights (Cancellation Rights) as set out below. These Cancellation Rights, however, do not apply, to a contract of the following goods (with no others) in the following circumstances:
a. Goods that are made to your specifications or are clearly personalised;

b. Goods which are liable to deteriorate or expire rapidly

40. Also the Cancellation Rights for a Contract cease to be available in the following circumstances;
a. In the case of any sales contract, if the goods become mixed inseparable (according to their nature) with other items after a delivery Rights to cancel

41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over (ie subscriptions), the right to cancel will be 14 days after the first delivery.

43. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

44. You can electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.rachelchilddesigns.co.uk
.
If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g by email) without delay.

45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of right to cancel before the cancellation period has expired. Effects of cancellation in the cancellation period.

46. Except as set you below, if you cancel this Contact we will reimburse to you al payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us.) Deduction for Goods supplied

47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is
necessary to establish the nature, characteristics and functioning of the Goods; eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or

b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

50. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Cancellations/Returning Goods

51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods without delay and in any event not later than 14days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

52. For the purposes of these Cancellation Rights, these words have the following meanings;

a. Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
b. Sales contract means a contract under which a trader transfers or agrees to transfer the owners of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

54. Upon delivery, the Goods will:

a. Be of satisfactory quality;
b. Be reasonably fit for any particular purpose for which you buy the Goods, which, before the Contract is made, you made known to use (unless you do not actually rely, or it is unreasonable for you to rely, on ours kill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c. Conform to their description

In the event of any failure by a party because of something beyond its reasonable control:

a. The party will advise the other party as soon as reasonable practicable; and
b. The party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonable, and the party will not be liable for any failure which it could not reasonable avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Refunds