Terms and conditions

TERMS AND CONDITIONS

1. Our terms and conditions

1.1 These are the terms and conditions on which we supply products to you.

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you, and we may change or end the contract, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1 We are Ashton-Pitt Limited and are registered in England and Wales and trading company registration number is 05467962 and our registered office is at 3 Fawn Close, Parklands, Askam-in-Furness, Cumbria, LA16 7HS, United Kingdom. Our registered VAT number is TBC.

2.2 You can contact us by telephoning our customer service team at +44 (0)1229 481293, by emailing us at helpdesk@thepuzzleworkshop.uk or by writing to us at our registered address provided in clause 2.1.

2.3 If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 These terms and conditions apply to all orders placed on our website by consumers for strictly personal use. By placing an order on our website, you are agreeing to these terms and conditions.

3.2 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.

3.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5 All products sold on our website are not for resale.

4. Our products

4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions, and measurements indicated on our website have some tolerance.

4.2 The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes

6.1 We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes should not affect your use of the product.

6.2 We reserve the right to make other changes to our products, but if we do so we will notify you, and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

7. Delivery information

7.1 We will endeavour to displace the costs of delivery to you on our website. If you have any questions about the costs of delivery, please contact us directly using the contact details provided in clause 2.2. Where products are exported outside the United Kingdom, the customer shall be responsible for any additional courier costs, as well as customs duties, import taxes and local taxes.

7.2 During the order process, we will provide you with an estimate of when we will provide the products to you. We will endeavour to deliver your products as soon as reasonably possible; however, please note that there can be a significant wait for products delivered outside the United Kingdom.

7.3 If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.

7.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier should leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If you request for products to be left with a third party (such as a neighbour), responsibility for the products shall pass to you on initial delivery. If you request to re-arrange delivery, you must liaise directly with the courier to do so.

7.5 If, after a failed delivery of products to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 10.2 will apply.

7.6 A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7.7 You own a product once we have received payment in full.

7.8 We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes.

(b) update the product to reflect changes in relevant laws and regulatory requirements.

8. Your rights to end the contract

8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of the return of any goods.

8.2 If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately, and we will refund you in full for any products which have not been provided, and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

8.3 For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 You do not have a right to change your mind in respect of:

(a) any products which have been made to customer specification or personalised.

(b) any products which become mixed inseparably with other items after their delivery.

8.5 Unless the product has been damaged through the fault of the customer, you have 14 days after the day you (or someone you nominate) receive the product to change your mind.

9. How to end the contract with us (including if you have changed your mind)

9.1 To end the contract with us, please let us know by contacting us using the details provided in clause 2.2. Please provide your name, home address, details of the order, and, where applicable, your phone number and email address.

9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Unit 6, Low Mill Business Park, Ulverston, LA12 9EE, Cumbria, United Kingdom. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us, you wish to end the contract.

9.3 We will pay the costs of return:

(a) if the products are faulty or misdescribed.

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, or a delay in delivery due to events outside our control.

In all other circumstances, including where you are exercising your right to change your mind, you must pay the costs of return.

9.4 If you are entitled to a refund under these terms, will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3–5 days at one cost, but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:

(a) Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1 We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products 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 breaking the contract.

10.3 We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products that will not be provided.

11. If there is a problem with the product

11.1 If you have any questions or complaints about the product, please contact us using the details provided in clause 2.2.

11.2 We are under a legal duty to supply products that are in conformity with this contract. Moreover, in accordance with the Consumer Rights Act 2015, our products shall be as described on our website, fit for purpose, and of satisfactory quality.

11.3 Our products are delicate and should be handled and used with care. For example, the internal mechanism can be easily damaged or broken if misused, dropped, or subject to excess stress or impact. We are not liable for any damage to our products, and they shall not be considered as faulty, where they have been misused, dropped, or subject to excess stress or impact.

11.4 Where there is a genuine fault with the product or the product has been misdescribed, you might be entitled to a repair or replacement. Please contact us using the details provided in clause 2.2 to discuss this further.

11.5 If you wish to exercise your legal rights to reject products, you must post them back to us in the same condition as the product was initially delivered to you. We are not responsible for the costs of return postage.

12. Price and payment

12.1 If the price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 You must pay for the products before we dispatch them.

13. Our responsibility for loss or damage suffered by you

13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful 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 including the right to receive products which are: as described and match 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; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business, or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.4 Our products should be used as puzzles and for the enjoyment of the consumer only and we are not liable for any misuse. In addition, our products should not be:

(a) used by children under the age of 12 unless they are closely supervised by an adult.

(b) used by anyone for prolonged periods of time and we also recommend that regular breaks are taken whilst using them in order to avoid strain injuries.

14. How we may use your personal information

We will only use your personal information as set out in our privacy policy.

15. Other important terms

15.1 We may transfer our rights and obligations under these terms to another organization. We will use all reasonable endeavors to ensure that the transfer will not affect your rights under the contract.

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.6 These terms are governed by English and Welsh law and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.