Responsibility for and ownership of goods
You will be responsible for goods from the point at which we deliver the goods to you, or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.
You will only own the goods once we have received full payment for them.
We will inform of information that we need from you in order to provide you with the goods. We will contact you to request this information.
If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 16.2 will apply), or we may charge you for the additional costs that we incur as a result.
If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, or if we do not provide any part of them to you.
If there is a fault with the goods
We hope that you are satisfied with the goods that we have supplied to you, but if there is a fault with them, then please contact us using the details set out in section 1.
We must provide goods to you that meet your consumer rights.
This section 12.3 provides you with a summary of your consumer rights if there is a fault with the goods that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, you're entitled to the following:
For up to 30 days if your goods are faulty, you can get an immediate refund.
For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either return the goods in person to the place where you bought them, post them back to us, or if the goods are not suitable for postage, allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.
Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 14.
Our liability if you suffer loss or damage
If we do not comply with any section of these terms and conditions, or if we do not use reasonable care and skill in providing the goods to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is ‘foreseeable’ if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods (a summary of which is set out in section 12.3) or for providing you with defective items under the Consumer Protection Act 1987.
If we provide any advice to you, including in any instructions or manuals provided to you with the goods, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
We only provide goods for private and domestic use. We do not provide them for business or commercial use. If you do use the goods for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
Cooling-off period and your right to cancel the contract during it
Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 15 below. The cancellation rights during the cooling-off period do not apply to any purchases that you have made in our shops.
When you buy goods from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 14.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 14.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on how you have ordered goods. It is also subject to certain exceptions that are set out in section 14.4 below. You can calculate the cooling-off period as follows:
For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
For goods that have been ordered together but that are delivered to you separately on different days, then you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract.
If any of the following circumstances applies to the goods that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods because you have changed your mind:
if the goods have been personalised or made to your specification;
if you have combined the goods with other goods and they are inseparable;
if the goods are of a kind that will deteriorate rapidly.
If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 14.3) in one of the following ways:
contacting us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel.
If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind. If the goods are not suitable for return by post then you should contact us promptly to make arrangements for collection, which will be at your cost.
If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods as well as any standard delivery costs that you paid, but if you chose a more expensive delivery option than our standard delivery when you placed your order, then we will only refund you an amount equivalent to our standard delivery costs. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment that you used to pay us within 14 days of the day we receive the goods back from you or, if earlier within 14 days of you providing us with proof that the goods have been sent back to us. If your order does not include goods that need to be returned to us then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.
We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. So, you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.
Your rights to cancel the contract
In addition to your rights to cancel the contract during the cooling-off period set out in section 14, if any of the following circumstances apply, you have the right to cancel this contract immediately:
we have informed you that there was an error with the price or the description of the goods when you placed the order, and you now do not wish to proceed based on the correct price or description;
we have informed you that we need to make a major change to the goods (see section 6.3) and you do not want to proceed with the change;
there is a significant delay in providing the goods to you, because of circumstances that are not within our control (see section 8.2);
we have informed you that we need to suspend the supply of goods to you, for any of the reasons set out in section 9.1, for more than 14 days; or
you have some other legal right to cancel the contract because of something we have done.
If you do cancel the contract for any of the above reasons (section 15.1(a) to 15.1(e)), then we will provide you with a refund for any goods that you have paid for but we have not yet provided, or we may provide you with a refund for any goods that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.
If there is a fault with the goods that we have provided to you, please see section 12 of these terms and conditions.
If you are cancelling the contract for any other reason that is not set out in section 15.1 or section 14 (where you are cancelling the contract during the cooling-off period) or that is due to a fault with the goods (see section 12), then the contract will end immediately and we will provide you with a refund for any goods that you have paid for but not yet received. However, we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.
If you cancel the contract after we have dispatched goods, then you must return the goods to us (by returning the goods in person to the place where you bought them or posting them back to us, or if they are not suitable for posting, then you must allow us to collect them from you). If you cancel the contract because of circumstances set out in section 15.1 or because there is a fault with them (see section 12), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 14, you will be responsible for the costs of returning the goods to us or for contacting us promptly to make arrangements for collection, which will be at your cost.
Our rights to cancel the contract
If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
you do not pay us on time and you do not pay us within 2 days of us telling you that payment is overdue (see section 7.4);
you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 8.3);
you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 8.4);
you do not provide us with information that we have requested from you within a reasonable time (see section 11.1);
If we cancel the contract because you have not performed your obligations (including those examples listed in section 16.1), we will provide you with a refund for any goods for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you.
Vintage Magpie Store is based in Uppingham, nr Oakham selling Vintage, Collectables, Antiques, Upcycled and period modern furniture