Customer Supply Terms for The Stash Company
These are the terms.
1.1 What these terms mean.
These are the terms and conditions under which we will supply you with products.
1.2 Why should you read them?
Please read these terms carefully before submitting your order to us. These terms explain who we are, how we will provide products to you, how you and we may change or terminate the contract, what to do if there is a problem, and other important information. If you believe there is an error in these terms, please contact us so that we can discuss it.
Information about us and how to contact us
2.1 Who we are.
MKJ Concepts t/a The Stash Company is a company registered in England and Wales. Our company registration number is 6666195, and our registered office is at 20 High Road, East Finchley, N2 9ED, London . Our VAT number is 942 628706. We also go by the trade names "MKJ Concepts t/a The Stash Company
2.2 How to Contact Us
You can reach us by phone at 07940274394 or by email at email@example.com
2.3 How we may contact you.
If we need to contact you, we will do so by phone or by writing to you at the email or postal address you provided in your order.
2.4 "Writing" includes emails.
Emails are included when we use the words "writing" or "written" in these contexts.
Our contract with you
3.1 How we will accept your order.
Our acceptance of your order will occur when we email you to accept it, at which point a contract between you and us will be formed.
If we are unable to accept your order.
If we are unable to accept your order, we will notify you in writing and will not charge you for the product. This could be because the product is out of stock, due to unexpected limits on our resources that we could not reasonably plan for, because we discovered an error in the product's price or description, or because we are una3.3 Your order number. When we accept your order, we will assign an order number to it and notify you of it. When you contact us about your order, please include the order number.
4.1 Products may differ slightly from their images.
The product images on our website are only for illustration purposes. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products. Your product may differ slightly from the images.
4.2 Product packaging may vary.
The product's packaging may differ from the images on our website.
4.3 Double-check your measurements.
If we make the product based on the measurements you provide, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
Your ability to make changes
Please contact us if you need to make a change to the product you ordered. We will notify you if the change is possible. If it is possible, we will notify you of any changes to the product's price, the timing of supply, or anything else that would be required as a result of your requested change and ask you to confirm whether you wish to proceed with the change. If we are unable to make the change or if the consequences of making the change are unacceptable to you, you may wish to terminate the contract (see clause 8 - Your rights to end the contract).
Our ability to influence change
6.1 Minor product changes. We may alter the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to make minor technical adjustments and improvements, such as to address a security threat. These changes will not affect how you use the product.
Providing the goods
7.1 Delivery fees.
The delivery costs will be as shown on our website.
7.2 When will we deliver the products?
We will notify you when the products will be delivered during the order process. We will deliver them to you as soon as reasonably possible and, in any case, within the lead time specified on the website for that item.
7.3 We are not liable for delays beyond our control.
If our supply of the products is delayed due to an event beyond our control, we will notify you as soon as possible and will take steps to minimize the impact of the delay. We will not be liable for any delays caused by the event if we do this, but if there is a risk of a significant delay, you may contact us to end the contract and receive a refund for any products you have paid for but have not received.
7.4 If you are not at home when the product is delivered.
If no one is available at your address to accept delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to reschedule delivery or collect the products from a local depot.
If you do not reschedule delivery.
If you do not collect the products from us as agreed, or if you do not re-arrange delivery or collect them from a delivery depot after a failed delivery to you, we will contact you for further instructions and may charge you for storage and any additional delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may terminate the contract, and clause 10.2 will apply.
7.6 When you become responsible for the goods.
The goods will be your responsibility from the time we deliver the product to the address you provided us or you or a carrier you arrange to collect it from us.
7.7 When you own property.
Once we have received full payment, you will own the product.
7.8 What will happen if you do not provide us with the required information?
We may require certain information from you in order to supply the products to you, such as the school or details of your child's name for personalised items. If this is the case, it will be stated in the product descriptions on our website. We will contact you to request this information. If you do not provide us with this information within a reasonable time after we request it, or if you provide us with incomplete or incorrect information, we may either terminate the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be liable for delivering the products late or failing to deliver any part of them if you fail to provide us with the information we require within a reasonable time after we request it.
7.9 Factors that may cause a delay in the delivery of products to you.
We may have to halt the supply of a product to:
(a) deal with production issues or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or as notified to you by us (see clause 6).
7.10 Your rights if we stop supplying products.
Unless the problem is urgent or an emergency, we will notify you in advance that we will be suspending product supply. If we have to suspend the product for more than 120 days, we will adjust the price so that you do not have to pay for the products while they are suspended. You may contact us to end the contract for a product if we suspend it, or inform you that we intend to suspend it, for a period of more than 120 days, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.11 If you do not pay, we may also discontinue the supply of the products.
If you do not pay us for the products when you are supposed to (see clause 12.4) and you do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to inform you that we are discontinuing the supply of the products. We will not suspend the products if you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products while they are suspended. In addition to suspending the products, we may charge you interest on past-due payments (see clause 12.5).
Your contract termination options
8.1 You have the option to cancel your contract with us at any time.
Your rights when you terminate the contract will be determined by what you purchased, whether there is anything wrong with it, how we are performing, and when you decide to terminate the contract:
(a) If the product you purchased is faulty or misdescribed, you may have a legal right to terminate the contract (or to have the product repaired or replaced, or to receive some or all of your money back), see clause 11;
(b) See clause 8.2 if you wish to terminate the contract due to something we have done or have promised to do.
(c) If you have recently changed your mind about the product, see clause 8.3. You might be able to get a refund if you
(d) In all other cases (if we are not at fault and you do not have the right to change your mind), see clause 8.7.
8.2 Terminating the contract as a result of something we have done or will do.
If you cancel a contract for any of the reasons listed in (a) to (e), the contract will be terminated immediately, and we will refund you in full for any products that have not been delivered; you may also be entitled to compensation. The following are the reasons:
(a) We have informed you of an upcoming change to the product or these terms to which you disagree;
(b) We informed you of an error in the price or description of the product you ordered, and you do not wish to proceed;
(c) there is a risk that product supply will be significantly delayed due to events beyond our control;
(d) we have suspended the supply of the products for technical reasons, or we have informed you that we will suspend them for technical reasons, in each case for a period of more than three months.
(e) you have a legal right to terminate the contract because of something we did wrong (including late delivery).
8.3 Making use of your right to change your mind (Consumer Contracts Regulations 2013).
Most online purchases give you the legal right to cancel and receive a refund within 14 days. These rights are explained in greater detail in these terms, which are governed by the Consumer Contracts Regulations 2013.
8.4 Our guarantee of goodwill.
Please keep in mind that these terms reflect MKJ Concepts t/a The Stash Company's goodwill guarantee to its customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways outlined below. This goodwill guarantee does not affect your legal rights in the event that a product is faulty or misdescribed (see clause 11.2):
8.5 When you do not have the legal right to change your mind.
You do not have the right to change your mind about:
- a) Personalised products;
- b) Used items
(c) Items that have been removed from their original packaging or from which tags or labels have been removed.
8.6 How much time do I have to change my mind?
You will have 28 days from the day the goods are delivered to you (or someone you designate).
8.7 Termination of the contract where we are not at fault and you have no right to change your mind.
Even if we are not at fault and you do not have the right to change your mind (see clause 8.1), you may still terminate the contract before it is completed, but you may be required to pay us compensation. A goods contract is completed when the product is delivered and paid for. If you want to cancel a contract before it is completed and we are not at fault, please contact us to let us know. The contract will terminate immediately, and we will refund any sums paid by you for products not provided; however, we reserve the right to deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your termination of the contract.
How to Terminate Your Contract with Us (including if you have changed your mind)
9.1 Inform us that you wish to terminate the contract.
To cancel your contract with us, please contact customer service at 07940274394 or email us at firstname.lastname@example.org. Please include your name, home address, order details, and, if available, your phone number and email address.
9.2 Returning products after the contract has expired.
Customers in the United Kingdom can return their purchases for free. Please use the Freepost returns label enclosed with your Despatch Note & Returns Form to return goods to us. Please return your items in their original packaging and include a completed Returns Form; this will allow us to process your return as quickly as possible. Although you can drop your return into a postbox, we strongly advise you to obtain Proof of Postage from the Post Office. If you are exercising your right to cancel, you must return the goods to us within 28 days of informing us that you wish to terminate the contract.
9.3 How we will refund your money.
We will refund you the amount you paid for the products using the same payment method you used. However, as described below, we may make price reductions.
9.4 Refunds are subject to deductions if you exercise your right to cancel.
If you want to change your mind, you have the following options:
(a) We may reduce your refund (excluding delivery costs) to reflect any decrease in the value of the goods caused by your handling them in a way that would not be permitted in a shop. See our Returns page for more information and examples of acceptable handling. If we refund your payment before inspecting the goods and later discover you handled them in an unacceptable manner, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the cost of delivery using the least expensive method we offer. For example, if we offer delivery of a product within 3-5 days at one price but you choose to have the product delivered within 24 hours at a higher price, we will only refund the difference between the two prices.
9.5 When will your refund be issued?
We will issue any refunds that are owed to you as soon as possible. Your refund will be processed within 14 days of the day we receive the product back from you, or, if earlier, the day you provide us with evidence that you have returned the product to us. See clause 9.2 for information on how to return a product to us.
Our contractual rights to terminate the agreement
10.1 If you breach the contract, we may terminate it. We may terminate the contract for a product at any time by notifying you in writing if:
- you fail to make any payment to us when it is due and fail to make payment within 14 days of us reminding you that payment is due;
- you do not provide us with information that is required for us to provide the products, such as personalisation details, within a reasonable time after we request it;
- you do not allow us to deliver the products to you within a reasonable time.
10.2 If you breach the contract, you must compensate us.
If we terminate the contract in the circumstances described in clause 10.1, we will refund any money you have paid in advance for products that 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 breach of the contract.
If there is an issue with the product,
11.1 How to Inform Us of a Problem
Please contact us if you have any questions or complaints about the product. You can reach our customer service team by phone at 07940274394 or by email at email@example.com
11.2 Summarization of your legal rights
We have a legal obligation to supply products that are in accordance with this contract. A summary of your key legal rights in relation to the product is provided in the box below. Nothing in these terms and conditions will affect your legal rights.
11.3 It is your responsibility to return rejected products.
If you want to use your legal right to reject a product, you must return it to us using the Freepost label. We will pay for postage or collection. For a return label or to arrange collection, please call customer service at 07940274394 or email us at firstname.lastname@example.org
Payment and cost
12.1 Where can I find the product's price?
The product's price (including VAT) will be the price shown on the order pages when you placed your order. We take every reasonable precaution to ensure that the price of the product recommended to you is correct. Please see clause 12.3 for what happens if we find an error in the price of the product you order.
12.2 Any changes in the VAT rate will be communicated to you.
If the rate of VAT changes between the time you place your order and the time we deliver the product, we will adjust the rate of VAT you pay, unless you have already paid for the product in full before the rate of VAT changes.
12.3 What happens if we make a mistake with the price?
Despite our best efforts, it is always possible that some of the products we sell are incorrectly priced. We will usually check prices before accepting your order so that if the product's correct price at the time of your order is less than our stated price at the time of your order, we will charge the lower amount. If the correct price of the product at the time of your order is higher than the price stated to you, we will contact you for instructions before accepting your order. If we accept and process your order despite the fact that a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund any sums you have paid, and require the return of any goods provided to you.
12.4 You must pay when and how you must pay.
We accept Visa, Mastercard, Delta, Maestro, and American Express. Before we can ship the products, you must pay for them. We will not charge your credit or debit card until the products are delivered to you.
12.5 If you pay late, we may charge interest.
If you do not make any payment to us by the due date, we may charge you interest on the overdue amount at a rate of 4% per year above the Bank of England's base lending rate from time to time. This interest will be calculated daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest in addition to any overdue amount.
12.6 What to do if you believe an invoice is incorrect.
If you believe an invoice is incorrect, please notify us as soon as possible. You will not be required to pay any interest until the dispute has been resolved. We will charge you interest on correctly invoiced sums from the original due date once the dispute is resolved.
Our liability for any loss or damage you sustain
13.1 We are liable to you for any foreseeable loss or damage caused by us.
If we fail to comply with these terms, we are liable for any foreseeable loss or damage you suffer as a result of our breach of contract or failure to use reasonable care and skill, but we are not liable for any unforeseeable loss or damage. Loss or damage is foreseeable if it is either obvious that it will occur or if both we and you knew it might occur at the time the contract was made, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit our liability to you in any way where it would be illegal to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, such as the right to receive products that are: as described and match the information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and f
13.3 We are not liable for any business losses.
We only sell products for home and private use. We will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use the products for commercial, business, or re-sale purposes.
What we may do with your personal information
14.1 What we may do with your personal information.
Other crucial terms
15.1 We may assign this agreement to someone else.
We may assign our rights and responsibilities under these terms to another organisation.
15.2 You must obtain our permission before transferring your rights to someone else (except that you can always transfer our guarantee).
Only if we agree in writing may you transfer your rights or obligations under these terms to another person. However, under clause 8.4, you may transfer our guarantee to a person who has purchased the product. We may require the person receiving the guarantee to provide reasonable evidence that they are now the owner of the relevant item or property.
15.3 Under this contract, no one else has any rights (except someone you pass your guarantee on to).
This agreement is solely between you and us. Except as explained in clause 15.1 in relation to our guarantee, no other person shall have any rights to enforce any of its terms. Neither of us will need the agreement of any other person to terminate the contract or change the terms.
15.4 If a court rules that a portion of this contract is invalid, the remainder will remain in effect.
Each of these terms' paragraphs operates independently. If a court or other appropriate authority rules that any of them are unconstitutional, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay enforcing this contract, we can still do so later.
If we do not insist on you doing anything you are required to do under these terms right away, or if we delay in taking action against you for breaching this contract, that does not mean you do not have to do those things, and it does not prevent us from taking action against you at a later date. For example, if you fail to make a payment and we do not pursue you, but we continue to provide the products, we may still require you to pay at a later date.
15.6 Which laws apply to this contract, and where can you file a lawsuit?
These terms are governed by English law, and you may bring legal action against the products in English courts. If you live in Scotland, you can take legal action against the products in either the Scottish or English courts. If you live in Northern Ireland, you can take legal action against the products in either the Northern Irish or English courts.
Model Cancellation Form (Schedule 1)
(Only complete and return this form if you wish to cancel the contract.)
MKJ Concepts t/a The Stash Company, 120 High Road, East Finchley, N2 9ED, London
I/We[*] hereby give notice that I/We[*] will cancel my/our[*] contract for the sale of the following goods / the provision of the following service[*],
[*] Ordered on / received on
Consumer's name (s),
Consumer's address (s),
Signature(s) of the consumer(s) (only if this form is notified on paper),
[*] Delete as necessary
Copyright Crown 2013.