Terms & Conditions
Welcome to my website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Use of the website
Access
You are provided with access to this Website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.
Registration
You warrant that:
• The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• You are aged 18 or over, are not under any disability which would impair judgement or use of the website or products; and
• You will notify us immediately of any changes to the personal information by contacting our customer service representatives by contact form or calling us on 07706067166.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
Our rights
We reserve the right to:
• Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
• Change the conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.
Third party links
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Privacy
We will treat all your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this website, we will ask you to input and will collect personal information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, and a password if you are registering with us. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any personal information which you provide to us (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the Data Commissioner's Office. We use your information only for the following purposes:
• Processing your orders;
• For statistical or survey purposes to improve this Website and its services to you;
• To serve website content;
• To administer this website;
• If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When you create a shopping account while ordering online you will be given the option to receive information from Tussie-Mussie by e-mail about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line or by contact form.
We will not release your personal information to any company outside of Tussie-Mussie for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or user information, we are entitled do so.
We use cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept cookies you will be unable to use this website for shopping purposes, only for browsing and research.
Please check back frequently to see any updates or changes to our privacy policy.
Purchase of products
Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
• You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
• We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Tussie-Mussie.
• As your product is shipped from our warehouse we will send you a dispatch confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in change or cancel an order
Non-acceptance of an order may be a result of one of the following:
• The product you ordered being unavailable from stock.
• Our inability to obtain authorisation for your payment.
• The identification of a pricing or product description error.
• You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
The details of your specific contract will not be filed by Tussie-Mussie. If you do require any information regarding orders you have placed with Tussie-Mussie please use our contact form.
Contract cancellation under the Distance Selling Regulations
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 14 working days after the day on which you receive the products.
If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 14 working days after the day on which you receive the products, and that you have taken reasonable care of the products and not used them. Please follow the procedure set out in our returns procedure.
Please note that your right to return products does NOT apply to products which fall into the following categories unless they are faulty or not as described:
• Personalised goods
Please see our Refund policy for further details.
Payment options
Orders can be paid for by Credit / Debit card via Stripe. We do not store any payment information. Your card statement will read 'DB Trading' for your order.
Internet Security
https://www.tussie-mussie.co.uk is secure
We realise how important it is to securely store any information that you provide. My website maintains the highest levels of security. Our site uses SSL encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that we take the privacy and security of your personal details very seriously.
You can tell whether a page is secure as 'https' will replace the 'http' at the front of the Tussie-Mussie.co.uk in your browser address window.
Description of products
Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.
Promotional discounts
Coupons, discounts and promotional discount codes offered by me are valid only for use as part of a purchase made via Tussie-Mussie.co.uk, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase on telephone orders.
General
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
•any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
•any loss of goodwill or reputation; or
•any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Tussie-Mussie and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.
Law
The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Contact
The registered company address of Tussie-Mussie is available on request.
Delivery
Charges and options
Carriage starts at £4.00 and covers postage and packing. Options and prices are listed on checkout. Framed pictures incur an additional carriage charge. Items in stock are normally dispatched within 1 working day. Items made to order are dispatched in 3-5 days.
Payment and VAT
Payment for products and delivery services is to be made in pounds Sterling. All prices shown on the website for both products and delivery services are inclusive of any applicable UK VAT.
Order and Returns Information
Change or cancel an order
We’re sorry that in most circumstances it’s not possible to make changes to your order once you’ve placed it.
If you’d like to add products to your order, please place a new order for these items.
If you need to change details of your delivery address, remove items from your order or cancel it completely, please contact us via out contact form.
If your order has already been despatched or delivered, then you’ll need to follow our returns procedure in the event of any unwanted products.
Track your order
To check your order status, just sign in at the top of the page, then click on Your Account followed by Order Information
•In Progress means your order hasn't been processed yet.
•Completed means your order has left our warehouse. You'll receive an email confirming despatch. Depending on our chosen delivery method, you may also receive a tracking reference.
•Cancelled means your order has been cancelled either by you or us.
If your order is obviously incomplete, over-delivered or damaged, or if you wish to change or cancel your order, please contact us using out contact form.
Your purchase history
To find out more information on your past orders, please sign into your account.
Missing, incomplete or damaged orders
If your order hasn't arrived, or arrives incomplete, first of all please view your order online. If your order has been despatched but hasn't arrived within the expected time period, please e-mail our Customer Services team, or call us on 07706067166.
If your order arrives and the goods are damaged, please e-mail our Customer Services team using our contact form.
Returns procedure
Returns are to be made via Evri. Please include: order number, stock number, the reason for the return and whether you'd like a refund or a replacement.
•We'll email you back with instructions for returning by Evri
•Alternatively use our contact form.
Refund Policy
We want you to be happy with your purchase. If you're not, just return the product to us following the instructions above and we'll exchange or refund it. Please see below for products excluded from this policy.
Under the Distance Selling Regulations, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 7 working days of receipt. This includes any delivery charge, but excludes the products listed as exceptions below.
Condition of returns
It's important that returned items are in the best possible condition, so please take reasonable care of them.
Delivery charges
We will not refund any delivery charges you've paid.
Products we're unable to cancel, refund or exchange, unless faulty or not as described, or offer an exchange on:
•Personalised goods
We're unable to accept order cancellations for these products.
This does not affect your statutory rights.