Terms and Conditions
Conditions: means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Us and set out in the Contract, if any;
Contract: the Contract for the sale of Goods formed by Our acceptance of Your order
Default: any act, representation or omission by Us, Our officers, employees or agents which is done, made or not done (as the case may be) as a result of any act, representation or omission of any of them (whether deliberate or negligent), in connection with or in relation to the Contract as a result of which We are legally liable to You whether in contract, tort or otherwise. A number of Defaults which together result in or contribute to substantially the same loss or damage shall be treated as one Default occurring on the date of the occurrence of the first such Default
Goods: the goods, products and services offered to You via the Site
Information: all information and materials on the Site, whether together or separately;
Rights: copyright and all other proprietary and intellectual property rights to and in the Information whether together or separately, unless stated otherwise;
Site: the Site on the World Wide Web located at www.thegingerbeandesigncompany.co.uk including all Information
We/Us/Our: The Ginger Bean Design Company
You/Your: the person(s), firm or company accessing or using the Site or placing an order with Us.
2. Information Rights and Ownership
2.1. Information about and descriptions of the Goods given on this site is of a general nature and not complete or definitive. If You require further information about any goods please contact us. We reserve the right to change and improve the Goods without prior notice provided they are of an equivalent or higher specification. You can return any substitute Goods at our cost and cancel the contract.
2.2. The Site is owned by Us. Unless We indicate otherwise the Information and the Rights are and shall remain Our property and are protected by copyright and trade mark laws. All Rights in the Information are reserved.
2.3. You may access the Site subject always to these Conditions.
2.4. Information may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except that You may store, copy or download one copy on any single computer for personal non commercial use only provided that You keep intact all copyright and other proprietary notices regarding the Rights.
2.5. Deletion, modification or use of the Information for any unauthorised purpose violates Our copyright, trademark, and trade secret rights and others’ proprietary rights.
2.6. The use of any Information on any other web-site or network computer environment is forbidden.
2.7. Except as provided herein, no licence is granted to You to copy or reproduce electronically in written form or otherwise any of the Information.
If You wish to reprint any Information outside of personal, non commercial use, contact Us at the above address.
3. Formation of Contract
3.1. All orders for Goods are accepted when You receive a confirmation e-mail to this effect.
3.2. We do Our best to ensure all Goods on this Site are available but on occasions this may not be the case. Where Goods are not available We will offer the most suitable alternative or refund any monies paid by You within 30 days.
3.3. Where the use of the Goods is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.
3.4. Where Goods can not be delivered to You within 30 days We will contact You by e-mail or telephone to inform you and give you the option to terminate the contract. If you opt to continue we will either give you a likely delivery date or suggest an alternative product. Where this is part of a larger order We will process and despatch the available Goods to You in a normal manner. If the order is larger than 20 jigsaws it could take longer.
4.1. The price of an item is the price we charge on the day of Your order. We reserve the right to change any price before You place an order.
4.2. We try to ensure that all prices on display on the Site are accurate but the price on Your order will need to be validated by Us prior to processing Your order. Where an item’s correct price is higher than the price stated on Your order We will contact You to let You know the correct price and give You the opportunity of cancelling before We dispatch the Goods.
5.1. Payment must be provided by You on the date that You place an order for Goods.
5.2. Payment must be made in full by any debit or credit card. No set-offs or deductions will be permitted in respect of separate goods sold to you by Its a Puzzle Thing.
5.3. All payments will be debited from Your account at the time of order.
5.4. You confirm that the credit/debit card being used is Yours and that You have given Us the correct billing and delivery address.
5.5. All items displayed on our website will be charged for in £Sterling. Exchange rates for International transactions will be determined by the daily exchange rate applied by the cardholders credit/debit card company on the day the transaction is processed.
6.1. We deliver to most address on the UK mainland.
6.2. Delivery charges vary dependant upon the weight of the order, they are automatically calculated and applied during the online checkout procedure.
6.3. Internet orders will usually be despatched for delivery within 14 days and in any event no later than 30 days. In the event that We can not deliver the Goods or perform the Contract in whole or part within 30 days or any further agreed delivery date you will have the option to cancel the Contract and obtain a refund. We will not be liable for any delays or failure to complete the Contract caused by circumstances outside our reasonable control.
6.4. While We will endeavour to avoid delay We will not be liable to You for any loss or damage arising from delay in delivery.
6.5. We may deliver the Goods by instalments. We will try to keep these to a minimum and agree delivery dates with you. Where We deliver by instalments and a delivery charge is payable, You will only incur one delivery charge.
6.6. You must inspect the Goods at the place and time of delivery and report any faults to us within a reasonable period having regard to the fault alleged.
6.7. Risk and damage to or loss of the Goods shall pass to You at the time of delivery or if You wrongfully fail to take delivery of the Goods, at the time when We tender delivery of the Goods.
7.1. Jigsaws do contain small pieces. It is therefore important that a responsible adult should always supervise children who are building or playing with a jigsaw puzzle. Jigsaw pieces should not be put in the mouth or swallowed as this may cause harm and may be a choking hazard for children under 6 years of age.
8. Reservation of title
8.1. Title to the Goods will not pass to You until all monies due to Us on any account have been received by Us.
8.2. If We reclaim Goods before title has passed to you, you will be liable for the costs of return transport.
8.3. If, before title to the Goods has passed to you, the Goods are transferred to or are claimed by a third party You shall:
8.3.1. immediately inform them that the Goods are Our property, and
8.3.2. immediately inform us of the situation and provide us with full information about it including copies of all relevant documents, and
8.3.3. pay all costs incurred by us in reclaiming the Goods.
9. Goods returned for credit
9.1. You may return any unwanted item within 14 days of receiving the Goods PROVIDED:
9.1.1. You have previously notified Us by telephone, letter, or e-mail that you wish to return the Goods.
9.1.2. The Goods have not been used or damaged.
9.1.3. You have taken reasonable care of the Goods and endeavour to return them in the original packaging.
9.1.4. Any unwanted Goods returned by You will be at Your cost. If the Goods are faulty or damaged any return will be at Our cost.
9.2. If You return unwanted Goods to Us within 14 days, and they meet the requirements in point
9.2.1. We will refund any monies you have paid and we aim to process any refund within 14 days of receipt.
10. Shortage, transit damage and defects
10.1. Where You receive the wrong Goods, short delivery or Goods damaged in transit, You must contact Us within 10 days of the dispatch time with regard to the alleged issue otherwise the Goods will be deemed to have been delivered in the quantities / condition shown in the delivery document.
10.2. Our liability for short delivery is limited to making good the shortage.
10.3. Where it is apparent that the Goods do not conform with the Contract You must inform Us by telephone, letter, or e-mail within a 5 days after discovery of the fault with regard to the alleged defect or non-conformity otherwise the Goods will be deemed to have been accepted and to be in good order.
10.4. Where Goods prove to be faulty as a result of a manufacturer’s defect We will replace them without charge or give credit within 12 months of the date of the delivery of the Goods.
11.1. Our failure to insist upon the strict performance of any of Your obligations under these Conditions or any Contract will not be construed as a waiver and will not affect Our rights to require strict performance of such obligations.
12. Costs of enforcement
12.1. You will pay to Us all expenses, and costs incurred by or on Our behalf in enforcing the provisions of these Conditions or any Contract.
13.1. If any part of these Conditions or any Contract is found to be invalid or unenforceable, this will not affect the remainder of the Conditions or Contract, which will remain in full force and effect.
14.1. Notices must be in writing and may be served by sending it by recorded delivery post to Our address set out above.
15. Rights of third parties
15.1. Nothing in these Conditions or any Contract will give or is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999.
16. Disclaimer and Warranties
16.1. We warrant that any Goods supplied by Us will be of satisfactory quality fit for purpose in accordance with the Sale Of Goods Act 1979 (as amended by the Sale And Supply Of Goods Act 1994) and the Sale Of Goods And Services Act 1982 and Part 1 of the Consumer Protection Act 1987. We will only be responsible for losses which are a reasonably foreseeable consequence of the relevant breach of contract or breach of statutory duty.
16.2. We give no warranty as to the functions of or Information on the Site nor do We warrant that the Information or the Goods will meet Your requirements.
16.3. We give no warranty that the operation of the Site, or the supply of the Goods will be uninterrupted or that the Site or the server that makes it available are free of viruses or other harmful components.
17. Limitation of liability
17.1. The following clause specifies to the extent allowed by applicable law the extent to which We will be liable for Default. Our entire liability and Your sole remedies, in contract, tort or otherwise, are set out in this clause.
17.2. We will replace or refund any faulty Goods if the defect is notified to us within a reasonable time after delivery.
17.3. We will accept unlimited liability for death or personal injury caused by Our Default subject to clause 8.1.
17.4. Subject to clauses 17.5, 17.6 and 17.7 We will accept liability for direct physical damage to Your tangible property resulting from Default.
17.5. We will not be liable for the following loss or damage however caused:
17.5.1. economic loss, which includes loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings;
17.5.2. loss or damage arising from Your failure to fulfil Your responsibilities or any matter under Your control or that of a third party;
17.5.3. loss or damage arising from Our acting in accordance with Your instructions and/or those of Your officers, employees, agents or third parties engaged by You;
17.5.4. fair wear and tear; or
17.5.5. loss or damage arising from Your failure to comply with clauses 10.1, 10.3 or 10.4.
17.6. We will only be responsible for your foreseeable losses arising from any breach of contract by Us.
17.7. Each of the limitations and exclusions above is to be construed separately, applying and surviving even if any one or other of the limitations or exclusions is held inapplicable or unreasonable, and will remain in force despite termination of these Conditions or any Contract.
18.1. The headings are for convenience only.
18.2. These Conditions contain the entire agreement between You and Us in respect of the subject matter. These Conditions may not be amended orally and no waiver or amendment will be binding unless in writing and expressly incorporated into these Conditions by Us. You cannot rely upon any representation made outside of these Conditions. To protect your own interests please read these Conditions carefully before agreeing to enter into a contract with Us. If you are uncertain of your rights or you want any explanation about them please write to Us.
18.3. These Conditions and any of Your rights under these Conditions are personal to You and may not be assigned to a third party without Our prior written consent.
18.4. These Conditions do not imply or create an employment, partnership or joint venture between You and Us.