TERMS AND CONDITIONS
CONTACT DETAILS
These terms and conditions are the contract between you and Annies Antics (“us”, “we”, etc). By visiting or using anniesantics.shop, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
I am: Annie Phillips of Annies Antics a sole trader.
You are: Anyone who uses anniesantics.shop.
Please read this agreement carefully and save it. If you do not agree with it, you should leave anniesantics.shop immediately.
1. DEFINITIONS
In this agreement:
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“anniesantics. shop” means any website of ours, and includes all web pages controlled by us.
“Carrier” means any person or business contracted by us to carry Items from us to you.
“Content” means any content in any form published on anniesantics.shop by us or any third party with our consent.
“Items” means any of the items we offer for sale on anniesantics.shop, or, if the context requires, items we sell to you.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to anniesantics.shop, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
2. INTERPRETATION
In this agreement unless the context otherwise requires:
2.1 a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2 these terms and conditions apply to all supplies of Items by us to any customer. They prevail over any terms proposed by you.
2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 any obligation of any person arising from this agreement may be performed by any other person (except where stated otherwise);
2.5 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.
2.9 these terms and conditions apply in any event to you as a buyer or prospective buyer of our Items and so far as the context allows, to you as a visitor to anniesantics shop.
2.10 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. OUR CONTRACT WITH YOU
3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3 If you use anniesantics.shop in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4 We do not guarantee that Items advertised on anniesantics.shop are available. We may change these terms from time to time. The terms that apply to you are those posted here on anniesantics.shop on the day you order Items.
3.5 The price of Items may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Items.
3.6 If in future, you buy Items from us under any arrangement which does not involve your payment via anniesantics.shop; these terms still apply so far as they can be applied.
3.7 We do not sell the Items in all countries. We may refuse to deliver the Items if you live in a country we do not serve.
4. ACCEPTANCE OF YOUR ORDER
4.1 Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Items to you. At any point up until then, we may decline to supply the Items to you without giving any reason - any monies paid will be returned.
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4.2 At any time before the Items are dispatched, we may decline to supply the Items to you without giving any reason.
4.3 Your order is an offer to buy from us. We shall accept your order by e- mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order.
5. PRICE & PAYMENT
5.1 The price payable for the Items that you purchase is clearly set out on anniesantics.shop.
5.2 It is possible that the price may have increased from that posted on anniesantics.shop. If that happens, we will not dispatch the Items until you have confirmed that you wish to buy at the new price.
5.3 Prices do not include value added tax (“VAT”).
5.4 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.5 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6 If, by mistake, we have under-priced Items, we will not be liable to supply that those Items to you at the stated price, provided that we notify you before we dispatch it to you.
5.7 The price of the Items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of anniesantics.shop before we ask you to pay.
5.8 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 14 days from the date when we accept that repayment is due.
6.SECURITY OF YOUR CREDIT/DEBIT CARD
We take care to make anniesantics.shop safe for you to use.
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Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. DELIVERY OF YOUR ITEMS
7.1 Items are normally delivered within 5 business days from the day you purchase the Items.
7.2 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone over 18 years is present to accept the delivery for signed for items, Track and Trace evidence that the parcel has been left in your designated ‘Safeplace’ or photographic evidence is accepted as proof of delivery.
7.3 Items are sent by post. You will receive a message by email/SMS/Text to tell you when the order has been dispatched and you will normally be provided with tracking information, if you choose to supply your email address or mobile phone number.
7.4 The carrier will notify you by e-mail or text to arrange another date for delivery. If contact details have not been provided for tracking, we will write to you to arrange another delivery date, should we be notified that the item has been returned to the depot.
7.5 Items are sent at our risk until received by you or by any other person at the address you have given to us.
7.6 Some Items are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you purchase the Items.
7.7 Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
8. FOREIGN TAXES AND DUTIES
8.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
8.2 You are responsible for purchasing Items which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
9. RETURN OF ITEMS
The following rules apply to return the faulty Items:
9.1 We do not accept returns unless there was a defect in the Items at the time of purchase, or we have agreed in correspondence that you may return them.
9.2 Before you return vintage electrical items to us, please check the power supply, fuses, plugs and sockets.
9.3 The Items must be returned to us as soon as any defect is discovered but not later than 3 days following receipt of the returns label.
9.4 So far as possible, Items should be returned:
9.4.1 with both Items and all packaging as far as possible in their original condition;
9.4.2 securely wrapped clearly showing the returns postage label supplied by anniesantics.shop:
9.4.3 including our returns slip;
9.4.4 at your risk and cost.
9.5 The procedure for return of Items is set out in shipping and returns. If you do not follow this procedure, we may be unable to identify you as the sender of the Items.
9.6 In returning faulty Items, please enclose with it a note clearly stating the fault and when it arises or arose or use our online returns request.
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If we agree that the Items are faulty, we will:
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refund the cost of return carriage.
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10. DISCLAIMERS
10.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
10.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
10.3 We make no representation or warranty for:
10.3.1 the quality of the Items;
10.3.2 any implied warranty or condition as to merchantability or fitness of the Items for a particular purpose;
10.3.3 the correspondence of the Items with any description;
10.3.4 the adequacy or appropriateness of the Items for your purpose.
10.4 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from anniesantics.shop.
10.5 We shall not be liable to you for any loss or expense arising out of or in connection with your use of Anniesantics.shop, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
10.6 We make no representation or warranty and accept no responsibility in law for:
10.6.1 accuracy of any Content or the impression or effect it gives;
10.6.2 delivery of Content, material or any message;
10.6.3 privacy of any transmission;
10.6.4 any act or omission of any person or the identity of any person who introduces himself to you through anniesantics.shop;
10.6.5 any aspect or characteristic of any Items or services advertised on Anniesantics.shop;
10.7 Anniesantics.shop includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Anniesantics.shop.
10.8 We will do all we can to maintain access to Anniesantics.shop, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
10.9 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Items concerned.
10.10 This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999.
10.11 If you become aware of any breach of any term of this agreement by any person, please tell us by email - sales@anniesantics.cshop. We welcome your input [but do not guarantee to agree with your judgement.
10.12 Nothing in this agreement excludes liability for a party's fraud.
11. YOUR ACCOUNT WITH US
11.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Items.
11.2 If you use anniesantics.shop, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
11.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
12. RESTRICTIONS ON WHAT YOU MAY POST
You agree that you will not use or allow anyone else to use anniesantics.shop to Post Content which is or may:
12.1 be malicious or defamatory;
12.2 consist in commercial audio, video or music files;
12.3 be illegal, obscene, offensive, threatening or violent;
12.4 be sexually explicit or pornographic;
12.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
12.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
12.7 solicit passwords or personal information from anyone;
12.8 be used to sell any Items or services or for any other commercial use;
12.9 include anything other than words (i.e., you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
12.10 link to any of the material specified above, in this paragraph.
12.11 send age-inappropriate communications or Content to anyone under the age of 18.
13. YOUR POSTING - RESTRICTED CONTENT
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
​13.1 hyperlinks, other than those specifically authorised by us;
13.2 keywords or words repeated, which are irrelevant to the Content Posted.
13.3 the name, logo or trademark of any organisation other than yours.
13.4 inaccurate, false, or misleading information.
14. HOW WE HANDLE YOUR CONTENT
14.1 Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at privacy policy.
14.2 If you Post Content to any public area of anniesantics.shop it becomes available in the public domain. We have no control who sees it or what anyone does with it.
14.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
14.4 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
14.5 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
14.6 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
14.7 Please notify us of any security breach or unauthorised use of your account.
15. REMOVAL OF OFFENSIVE CONTENT
15.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on anniesantics.shop for any purpose.
15.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to
15.3 monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
15.4 If you are offended by any Content, the following procedure applies:
15.4.1 Your claim or complaint must be submitted to us in the form available on anniesantics.shop, or contain the same information as that requested in our form. It must be sent to us by post or email.
15.4.2 we shall remove the offending Content as soon as we are reasonably able;
15.4.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
15.5 We may re-instate the Content about which you have complained or not.
15.6 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
15.7 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
16. SECURITY OF OUR SITE
If you violate anniesantics.shop we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
16.1 modify, copy, or cause damage or unintended effect to any portion of anniesantics.shop, or any software used within it.
16.2 link to anniesantics.shop in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
16.3 download any part of anniesantics.shop, without our express written consent;
16.4 collect or use any product listings, descriptions, or prices;
16.5 collect or use any information obtained from or about anniesantics.shop or the Content except as intended by this agreement;
16.6 aggregate, copy or duplicate in any manner any of the Content or information available from anniesantics.shop, other than as permitted by this agreement or as is reasonably necessary for your use of anniesantics.shop;
16.7 share with a third party any login credentials to anniesantics.shop.
16.8 Despite the above terms, we now grant a licence to you to:
16.8.1 create a hyperlink to anniesantics.shop for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
16.8.2 you may copy the text of any page for your personal use in connection with the purpose of anniesantics.shop.
17. INDEMNITY
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
17.1 your failure to comply with the law of any country;
17.2 your breach of this agreement;
17.3 any act, neglect or default by any agent, employee, licensee or customer of yours;
17.4 a contractual claim arising from your use of the Items;
17.5 a breach of the intellectual property rights of any person.
18. INTELLECTUAL PROPERTY
18.1 We will defend the intellectual property rights in connection with our Items and anniesantics.shop, including 18.2 18.2 copyright in the Content whether provided by us or by any other content provider (including
copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
18.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
18.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
18.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
19. DISPUTE RESOLUTION
The following terms apply in the event of a dispute between the parties:
19.1 If you are not happy with our services or have any complaint then you must tell us by email message to sales@anniesantics.shop or an updated address which you will find on anniesantics.shop.
19.2 Detailed information about our complaint handling procedure may be found on our Feedback page.
19.3 If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
20. MISCELLANEOUS MATTERS
20.1 When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
20.2 Where we provide Items without specific charge to you, then it is deemed to be provided free of charge, and not to be associated with any other Items for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Items or that service.
20.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
20.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.6 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery.
It shall be deemed to have been delivered:
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if delivered by hand: on the day of delivery;
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if sent by post to the correct address: within 72 hours of posting;
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20.7 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20.8 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
20.9 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
20.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.