Terms Of Sale

1. How these terms work

These Terms of Sale govern the sale, purchase and delivery of any products listed on the website at www.morganandfrench.com (the “Site”) which you have chosen to order.

To order any product, you must complete the order form on the Site and make payment of the applicable price as set out in the listing for the product featured on the Site. When we accept your order a contract of sale (the “Contract”) will be formed between Morgan & French Limited (“we” or “us”) and you on these Terms of Sale.

Please ensure that you have read and understood these Terms of Sale before placing any order on the Site.

2. Information about us and how to contact us

We are Morgan & French Limited, a company registered in England and Wales under number 06592851 whose registered office is at The Old Fire Station, Church Street, Biggleswade, Bedfordshire, SG18 0JS. Our trading address is The Old Fire Station, Church Street, Biggleswade, Bedfordshire, SG18 0JS. Our registered VAT number is GB947756174.

You can contact us by post at our trading address above, by email to hello@morganandfrench.com or by telephone to 01767 348 188.

If we have to contact you, we will do so by telephone or in writing using the contact details you provided to us in your order. When we use the words "writing" or "written" in these Terms of Sale, this includes emails.

3. Ordering and acceptance

Placing orders. You can place orders for our products through the functions of the Site (firstly selecting and choosing customisations of the relevant product through the product listing, and then by “checking out” using the shopping cart). It is your responsibility to ensure that any information you provide in ordering the relevant product is accurate, and that you have checked your order for errors. Most of our products are made to order, so it is essential that you have given correct measurements and ensured any personalised messages are spelled correctly. We are not responsible for any errors in your order.

Registered accounts. We only accept orders from individuals who have registered an account with us. If you have not registered an account with us, you will be required to do so prior to placing your order. See our Terms of Use for more information on how to register an account with us, and details of how we administer accounts.

Acceptance of orders. Our acceptance of your order will take place when we email you to accept it (or, if earlier, when we despatch your order, or any impression kit, or start work on any made-to-order product), at which point the Contract will come into existence between you and us. You will be required to make payment through the Site at the same time as placing your order.

Non-acceptance of orders. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product (and will return any payment already received from you). For example, this might be because the product is out of stock, because of unexpected limits on our raw materials which we could not reasonably plan for, or because we have identified an error in the price or description of the product. We may also have to suspend delivery of any product or terminate the Contract if any change in regulation means that we are no longer able to sell any product in its current form. Finally, we might not be able to accept orders at busy times of year if our order books are full: all of our products are hand-crafted, and there is only so much work we can do.

Order numbers. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Pricing and payment

Pricing. The prices for our products will be set out on our Site. Some product prices will be variable depending on the nature and degree of customisation required. You should check the product prices reflect your customisation choices before placing your order.

Processing payments. We will take payment from you at the same time as you place your order. The payment that you make when placing an order is a payment made through our nominated payment processing service providers, PayPal (Europe) S.a.r.l. et Cie, S.C.A. (“PayPal”) or Sage Pay Europe Ltd (“Sage”). You can make payment by most major debit or credit cards, and in particular any Visa, Maestro, MasterCard or American Express card. We will not receive your credit or debit card information as this is processed by our payment processing service provider. You can read the Privacy and Cookie Policy on the Site for further information. We reserve the right to decline any transaction or our payment processing service provider to reverse any transaction (for example, to prevent money laundering or fraud). If your payment is not received by us for this reason then your order will not be accepted and no Contract will be in place between you and us (and any Contract already formed by acceptance will be automatically terminated).

VAT. Unless otherwise provided in the listing, all prices are inclusive of VAT. It will be made clear to you at the time of taking payment whether you are paying VAT and, if so, how much.

Mistakes in product pricing. It may be that despite our best efforts any product featured on the Site may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any product already provided to you.

5. Information you provide for personalised products

Impression Kits. Some of our products are made using impression kits, which take impressions of fingerprints, footprints, paw-prints or similar in order for us to make products which are customised using those prints. If you order a product which is to be made using impressions taken by you, then we will post an impression kit to you shortly after accepting your order (typically within two working days). You should read and follow the instructions included in the impression kit carefully to ensure that the impression you take is of the best possible quality. We are not responsible for the quality of the impression you take. If you send us an impression which is in our view unsuitable, then we may contact you and provide you with a further impression kit.

Your Artworks. You may provide us with certain artworks or other content for the purposes of making personalised products. For example, you might provide us with your child’s drawing in order for us to make an item from our Little Picassos collection for you. We will not use your content for any purpose other than making and supplying our products to you. However, you agree that we may use images of our products for our own promotional purposes – and that the products depicted might feature your content.

Suitability of items you provide. When you supply fingerprint impressions, artwork, recordings, paw-prints or other items to us for use in your custom order, you acknowledge that you are responsible for their selection and suitability for use. We are not responsible for the quality or suitability of what you provide to us.

Personal Data. If you provide us with any personal data in connection with any customised product (such as, for example, fingerprints, or names to be engraved on any product) then we will use that personal data to produce the product and may retain that personal data as part of our record-keeping in relation to the product in accordance with our Privacy and Cookie Policy. Our data retention policy is to delete any such retained data after twelve (12) months.

6. Products and quality

Product images. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images (and handmade products in particular may vary from images or product descriptions in terms of sizes, weights, capacities, dimensions and measurements within a reasonable tolerance).

Product warranty. We provide a warranty that our products will be of satisfactory quality and free from defects in material and workmanship for a period of six (6) months from delivery. If any defect arises in our product during this warranty period (and that defect is not caused by an excluded reason set out in the next paragraph, please contact us and we will either repair or replace the product and re-deliver it to you. We may ask you to return the product to us for inspection before we repair or replace it. Any repaired or replaced product will be warranted only for the remainder of the original warranty period. This warranty is in addition to, and does not affect, your legal rights as a consumer in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

When our warranty will not apply: Our product warranty will not apply to any defect in the products which is caused by:

fair wear and tear;

oxidisation;

wilful damage, abnormal storage conditions, accident or negligence by you or by any third party;

if you fail to care for your product in accordance with the care information which we provide to you (for example, if you allow leather to get wet, or fail to remove jewellery before swimming);

or any alteration or repair by anyone other than us.

7. Making time and delivery

Delivery costs. The costs of delivery will be as displayed to you on our listing or as chosen by you at the time of placing your order.

Making Time. Each product listing on our Site will specify the “making time” for the relevant product. The making time is the minimum number of working days (that’s full days, Monday to Friday excluding UK bank and public holidays) we will need to make the product after we have received all necessary information from you. Necessary information might include your personalisation details, impressions, sizing or artwork, or simply confirming our relevant queries. We will let you know once we have started making the relevant product and will remind you of the making time when we do. Once we have started making a product for you, you will be unable to cancel your order for that product or change any of the personalisation details provided to us.

Delivery Time. The time of delivery will depend on the making time of the relevant product, and how soon you are able to provide us with any information necessary to make the product. We will despatch the product to you when it is complete, and we will provide you with an estimated date of despatch when we are ready to start making the relevant product. The estimated time may depend on the making time, your location, and whether you have elected to purchase some form of expedited delivery.

Delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. However, if the delay is so substantial that you are entitled by law to end the Contract then you may do so by contacting us and may receive a refund for any products you have paid for but not received. You will not be entitled to end the Contract based on a delay which has been caused by you (for example, if you have failed to provide us with a usable impression).

Collection by you. If you have asked to collect the products from our premises, you can collect them from us at such times as we may arrange with you.

Delivery location: We will deliver the products to the delivery address specified in the relevant order. We will not deliver to any PO box address.

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we (or our appointed carrier) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract.

When you become responsible for and own the products. Each product will be your responsibility from the time we deliver it to the address you gave us or you (or a carrier organised by you) collect it from us. You own any product once you have paid for it in full.

8. Cancellation and termination by you

Legal cancellation rights and why they don’t apply to most of our products. Consumers in the United Kingdom and Europe are generally entitled by regulation to certain cancellation rights in relation to contracts concluded at a distance. However, the regulations provide that no such cancellation rights apply in relation to goods that are made to the consumer’s specifications or which are personalised – which covers the majority of our hand-crafted products. Items that are made to order to your specification include; items made to your size, colour, metal or combination. You acknowledge and accept that you are not entitled to cancel any order for such products made through the Site once we have started making those products. However, in relation to any non-customised or non-made to order products, you will have the cancellation rights set out in this section.

European consumers: your statutory cancellation rights. If you are a consumer located in the UK or any other European country you can change your mind and exercise your right to cancel your order for any personalised products up until we have started making them, and for any non-personalised products at any time up until fourteen (14) days after receipt of the products. If the products are split into several deliveries over different days you have until fourteen (14) days after receipt of the last delivery to change your mind and cancel.

Non-European consumers: your statutory cancellation rights. If you are a consumer who is not located in the UK or any other European country, then you are not entitled to cancel any order, whether for personalised or non-personalised products (except to the extent that you have a right to do so under any applicable national laws which cannot lawfully be excluded from the Contract, or except as agreed with us).

Terminating the Contract for good reason. If you are unsatisfied with any aspect of any product or its delivery, we recommend that you contact us in the first instance to discuss and, hopefully, resolve your concern. If the matter is not resolved, then you may only terminate the Contract for a reason set out below. If you do, the Contract will end immediately and you will be entitled to a refund (see below). The reasons are: we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; the supply of products will be significantly delayed because of events outside our control (other than as a result of your actions); or you have a legal right to end the Contract because of something we have done wrong.

How to tell us you are cancelling or terminating the Contract. If you wish to end the Contract with us (whether by cancellation or termination), please let us know by doing one of the following:

Phone or email. Call customer services or email us at the contact details provided in our listing on the Site. Please provide your name, home address, details of the order and, where available, your phone number and email address.

By post. In the case of cancellation, you may print off the Model Cancellation Form set out below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

Model Cancellation Form
To:	Morgan & French Limited The Old Fire Station, Church Street, Biggleswade, Bedfordshire, SG18 0JS hello@morganandfrench.com
I hereby give notice that I cancel my contract of sale of the following goods:
Ordered on:
Name of Consumer:
Address of Consumer:
Signature of Consumer:
Date:

9. Returning products and refunds

Returning products after ending the Contract. If you end the Contract for any reason after products have been dispatched to you or you have received them, you must return them to us. We will instruct you whether to post them back to us at our given address or (at our option) allow us to collect them from you. Please call, email or message us using the contact details in our listing on the Site for a return label or to arrange collection. If you are a UK or European consumer exercising your right to change your mind and cancel in relation to non-personalised products, then you must send off the products (or, if directed, make them available for collection) within fourteen (14) days after telling us you wish to end the Contract.

When we will pay the costs of return. We will pay the costs of return (or bear our own costs of collection):

if the products are faulty or misdescribed; or

if you are ending the Contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising any legal right to change your mind and cancel) you must pay the costs of return.

What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

Deductions from refunds on cancellation. If you are exercising your legal right to cancel your order:

we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within seven days at one cost but you choose to have the product delivered within one day at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

When your refund will be made. If you are exercising your legal right to cancel your order or terminating the Contract:

if we have not elected to collect the products, your refund will be made within fourteen (14) days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us; and

if we have elected to collect the products, your refund will be made within fourteen (14) days of your notifying us of cancellation or termination.

10. Gift Cards

Ordering gift cards. You can order and pay for gift cards from us, and we will accept your order, in the same manner as a product order under these Terms of Sale (see sections above). However, certain special terms will apply to gift cards which are set out in this section.

Nature of gift cards. Gift cards can be purchased with a minimum value of £20 and a maximum value of £1,000. Gift cards cannot be exchanged for cash. Gift cards must not be re-sold. You should protect your gift card and treat it as cash as we will not be liable for any loss or theft of, or damage to, your gift card and will not replace lost, stolen or damaged gift cards.

Duration of gift cards. A gift card may only be redeemed and use for the purchase of products on our Site during the period of twelve (12) months from the date of issue of the gift card.

Redemption of gift cards. A gift card may be redeemed and used in payment or part-payment of the purchase of products on our Site. A gift card may not be used on any other website, nor for the purchase of any Morgan & French products from any of our stockists (such as John Lewis). You may redeem multiple gift cards in the same transaction. If the value of your gift card exceeds the transaction value then we will not issue you with any refund or change but you may apply the balance of your gift card to subsequent purchases during the redemption period.

Cancellation of your order for a gift card. You acknowledge that by placing an order for a gift card you are instructing us to provide a service (i.e. issuing a gift card) which will be completed within the period during which you might otherwise be entitled to cancel under applicable consumer law. You will not be entitled to cancel your order for any gift card once we have issued that gift card.

Cancellation of any order paid for using a gift card. If any order for products made using a gift card is terminated or cancelled in circumstances which would entitle the buyer to a refund, then we will issue any portion of that refund which was originally paid for using a gift card by issuing a further gift card or some form of electronic voucher which in each case shall be redeemable only against the purchase of products on our Site.

Variation. We may (acting reasonably) amend our terms relating to gift cards (for example, by limiting the product ranges against which they are capable of redemption) at any time. We suggest reviewing these terms prior to placing any order using a gift card.

Discontinuance. We may discontinue and refuse to redeem any gift card if we have reason to believe that it has been ordered or used for fraudulent or unlawful purposes (for example, to assist in money laundering).

11. Our rights to end the Contract

We may end the contract if you break it. We may end the Contract for the sale and purchase of a product at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

If we end the Contract for any of these reasons we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

12. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us using the contact details provided in our listing on the Site or at hello@morganandfrench.com.

Your legal rights. We are under a legal duty to supply products that are in conformity with this Contract. Nothing in these terms will affect your legal rights.

13. Our responsibility for loss or damage suffered by you

This section explains the ways in which our liability to you is limited and excluded.

Where we don’t limit or exclude our liability – We do not limit or exclude our liability for anything for which we cannot lawfully limit or exclude our liability. For example, we do not limit our liability for death or personal injury caused by our negligence, or for fraud. This statement takes priority over the rest of this section and the rest of these Terms of Sale.

No implied terms – We provide our products on these Terms of Sale. To the fullest extent permitted by law, we expressly exclude any and all conditions, warranties and other terms which might otherwise be implied by statute, under common law, or otherwise.

No indirect or consequential Loss – We expressly exclude any liability for any indirect or consequential loss, damage, costs or expenses incurred or suffered by you in connection with your use of our products. We are not liable for losses, damages, costs and expenses that are not foreseeable to both you and us at the time you open your account with us or which are not caused by our breach.

No liability for certain kinds of loss – We expressly exclude any liability for any loss, damage, costs or expenses incurred or suffered by you (in each case whether direct or indirect) if that liability comes within one of the following categories: loss of business, loss of revenue, loss of contract, loss of data, loss of reputation, or loss of profit. We are not liable for business losses.

Cap on Liability – Our total aggregate liability to you in connection with your use of our products will be limited in all circumstances (whether arising in negligence, including tort, breach of contract or otherwise) to a sum equal to the amount paid by you for those products.

14. Disputes and Governing Law

The Contract is governed by the law of England and Wales (without limiting any rights you may have as a consumer in your country of residence in relation to any products you may purchase under the Contract, to the extent that those rights cannot lawfully be excluded from the Contract).

If any dispute arises between the parties to the Contract then they will attempt to resolve that dispute through discussion in good faith. If they are unable to resolve the dispute by discussion, then the courts of England and Wales will have exclusion jurisdiction over any claim relating to the Contract or its subject matter.

15. Other Important Terms

Entire Agreement. The Contract constitutes the entire agreement between the parties in relation to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on any representation or warranty not set out in the Contract.

Variation. The Contract may only be varied by the written agreement of the parties (other than in relation to our gift cards, where we reserve the right, acting reasonably, to vary the applicable terms in order to reflect changes in our practices).

Assignment. We may transfer our rights and obligations under the Contract to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.

Third Party Rights. The Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to it.

Severance. Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

No Waivers. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

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