In this document the following words shall have the following meanings:
1.1) "Agreement" means these Terms and Conditions together with the terms of any applicable Specification Document;
1.2) "Customer" means the organisation or person who purchases goods and services from the Supplier (wearyourmantradesigns.com);
1.3) "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4) "Specification Document" means a statement of work, quotation or other similar document describing the goods and services to be provided by the Supplier (wearyourmantradesigns.com);
1.5) "Wear Your Mantra Designs and wearyourmantradesigns.com" May be referred to as (We, Us and Our) in the following document;
1.6) “Customer” May be referred to as (You or Your) in the following document;
2.1) These are the terms and conditions of supply for products ordered on www.wearyourmantradesigns.com (Website) and/or through any web or mobile application we provide which allows product ordering. The Website/Application is operated by or on behalf of Wear Your Mantra Designs (Wear your mantra designs, We, Us and Our).
2.3)We reserve the right to change these terms and conditions at any time by changing them on the Website, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 1st February 2020.
3.1) You may not transfer or assign any or all of your rights or obligations under any Contract.
3.2) All notices given by you to us must be given in writing to the email address set out at the end of these terms and conditions. We may give notice to you at either the email address you provide to us when placing an order.
3.3) If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
3.4) These terms and conditions may not be varied except with our express written consent.
3.5) These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
3.6) These terms and conditions shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
3.7) You agree that any dispute between you and us (as applicable) regarding these terms and conditions or any Contract will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
3.8) The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
4) How the Website Works
4.1) We operate the Website as an eCommerce store selling jewelry and accessories that can be personalised and customised. On each individual page you will find processing times, delivery times and Location the location products are shipped from.
4.2) When you purchase a Product from us you enter into a legally binding contract directly with us. Our role is to receive your payment and to assist with the processing of refunds, returns of damaged goods and any questions you have regarding our Website.
5) The Charity Donations
5.1) $1 from every product we sell goes to the app give and grow, who then gives a percentage of the dollar to one of the charities we support. At checkout you will have the option to pick one charity to donate to or split it between all of the charities. Charities are as follows: Active Minds, African Wildlife Foundation, Black Jaguar White Tiger Foundation and U.S National Committee for UN Women.
6) Processing and Delivery
6.1) Some products have different estimated processing times, these estimated times these are listed on each individual product page.
6.2) Your order will be fulfilled within the estimated delivery date, unless there are exceptional circumstances. All orders are tracked so you will be able to view the progress of your order arriving to you.
6.3) Your order will be delivered to the delivery address you specify when placing your order.
6.4) The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payments of all sums due in respect of the Product(s), including any delivery charges, has been received.
6.5) If you order products that don’t ship to the address you provided, we reserve the right to refund you for the item and not deliver the products to the location you provided.
6.6) If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, you will be notified. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
6.7) Products comprised within the same order cannot be delivered to different addresses.
7) Delivery from Brands Located Outside your Country
7.1) If you order Product(s) for delivery outside the Countries we ship from (The shipping location is listed on each product page), they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
7.2) Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
8) Ordering and Availability
8.1) To order any Product, you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms and conditions). By doing so, you confirm that you meet this requirement.
8.2) Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the "Confirm and Pay" button on the checkout page.
8.3) After placing an order, you will receive an acknowledgement from us that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Confirm and Pay" button, you enter into an obligation to pay for the Product(s). When your order is accepted, this will be confirmed by sending you a confirmation (Order Confirmation). The contract between you and us (as applicable) in relation to the Product(s) ordered (Contract) will only be formed when you we send you the relevant Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
8.5) The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.
8.6) We have the right to cancel and refund you the amount you paid for the product at any time prior to the item being shipped out to you.
9) Price, Payment & Checkout
9.1) The price of Product(s) is the price quoted on our website, it may change when we have sales and if you use a discount code.
9.2) Prices include VAT and delivery costs (if applicable), Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
9.3) The Website contains a large number of Products and it is always possible that, despite best efforts, some of the Products listed on the Website may be incorrectly priced. We will normally verify prices as part of the dispatch procedure so that, where a Product's correct price is less than the stated price, you will be charged the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.4) Payment for all orders must be made by credit, debit card, Visa, Mastercard, American Express, Shopify Payment Powered by Stripe, Apple pay, Google Pay or PayPal on the checkout page.
9.5) You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer refuses to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
9.6) From time to time the Website may run promotions where discount codes are offered. These can be used to discount the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash. Any discount codes obtain by way of referring friends to the Website must be done in good faith and without any arrangement for the purpose of earning credit where invites and subsequent purchases are not genuine.
10) Consumer Cancellation Rights
10.1) Upon submitting an order to us, if you change your mind and want to cancel the order you must do so before receiving an email from us confirming your order has entered to processing stage (Your order is being processed).
10.2) Except in relation to certain Products set out below, Due to our products being personalised or customised we have a no refund policy unless your product arrives with defects. In this cased you have 3 days to notify us via email and 14 days to return the item to us.
10.3) If you cancel due to product defect upon arrival, you will receive a full refund of the price paid for the Product(s) in accordance with the refunds policy below.
10.4) To cancel a Contract and return your damaged product to receive a refund, you must clearly inform us, preferably:
Emailing us at firstname.lastname@example.org and stating the reasons for wanting a refund and providing us with your order number.
10.5) You must also return the Product(s) within 14 days of you receiving the product(s), in the same damaged condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s), up to the price of the Product(s), from the refund to which you are otherwise entitled.
10.6) You will not have any right to cancel a Contract for the supply of Products that have been used, custom made, personalised or made to your own bespoke specifications (if such options are offered), unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered.
10.7) To return the Product(s), you MUST first contact us at email@example.com so we can authorise the return, then we will email you the address to send your item back to and any other details you need to write on the package.
10.8) One we email you the details you will then need to post the product(s) back to the address we provide you with, we advise you to send the parcel either by courier or by recorded delivery mail or other form of certified mail.
10.9) We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/dispatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s) to us.
10.10) Any import duties or taxes you incur upon delivery of you product(s) and returning product(s) are the customers responsibility. We are not liable to pay these fees.
10.11) Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.
11) Our Refund Policy
11.1) If you cancel a Contract between us within the 14-day cooling-off period (see above), any refund will be processed to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to the returns address provided. We will refund the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)). However, you will not be refunded your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
11.2) Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
11.3) If any product you order is faulty or damaged when delivered to you, you may have one or more legal rights available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a product arrived to you damaged or faulty, you should inform us as soon as possible, via email, giving us your name, address and order reference. Nothing in this section affects your legal rights.
12) Product Information
12.1) Whilst steps have been taken to present Products as accurately as possible through the photographs and other images featured on the Website, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor or screen and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
12.2) Any information on the Website regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order.
13) Our Liability
13.1) Nothing in these terms and conditions shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
under Part I of the Consumer Protection Act 1987; or
for any other liability that, by law, may not be limited or excluded.
13.2) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our or the Brand's reasonable control.
14) Getting in Contact with Us
14.1) If you have any questions regarding our website please contact firstname.lastname@example.org