Terms & Conditions

The Canny Candy Gadgies

WEBSITE TERMS AND CONDITIONS

OUR TERMS

THESE TERMS

What these terms cover

These are the terms and conditions on which you may make use of our website and on which we supply products to you.

Please read these terms carefully before you start to use our website, as these terms will apply to your use of our website. By using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to the terms of use, then you must not use our website.

You should also read these terms carefully before you submit your order to us, as 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.

If you think that there is a mistake in these terms, please contact us to discuss.

Who we are

We are The Canny Candy Gadgies and we operate the website www.cannycandygadgies.com . Our head office address is The Canny Candy Gadgies, Seaham, County Durham, SR7 7BH.  Our registered VAT number is 309 4784 78.

How to contact us

You can contact us by email cannycandygadgies@gmail.com.

How we may contact you

If we have to 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.

OUR WEBSITE

Our website is available free of charge.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted.  Access to our website is permitted on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our website without notice.  We will not be liable to you if for any reason our website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our website.

You are also responsible for ensuring that all persons who access our website through your interest connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Nothing in the terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of England and Wales.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the use of our website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our website; or

use of or reliance on any content displayed on our website.

If you are a business user, please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website.  Such links should not be interpreted as endorsement by us of those linked websites.  We will not be liable for any loss or damage that may arise from your use of them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

VIRUSES

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our website.  You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.  You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our website will cease immediately.

PROHIBITED USES

You may use our website only for lawful purposes.  You may not use our website:

in any way that breaches any applicable local, national or international law or regulation;

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

for the purpose of harming or attempting to harm minors in any way;

to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these terms; and

not to access without authority, interfere with, damage or disrupt:

any part of our website;

any equipment or network on which our website is stored;

any software used in the provision of our website; or

any equipment or network or software owned or used by any third party.

OUR CONTRACT WITH YOU

How we will accept your order

You may only purchase products from our website if you are at least 18 years old.

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.

If we cannot accept your order

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, we have identified an error in the price or description of the product or because we are unable to meet a specified delivery deadline.

Your order number

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.

International delivery

We do deliver to addresses outside the UK. Please contact us by email cannycandygadgies@gmail.com so we can calculate postage costs your address outside the UK before ordering any products.

Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes.  Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable or responsible if you break any such law.

OUR PRODUCTS

Products may vary slightly from their pictures.

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.

Product packaging may vary

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

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 as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

OUR RIGHTS TO MAKE CHANGES

Minor changes to the products

We may change the product:

to reflect changes in relevant laws and regulatory requirements; and

to implement minor technical adjustments and improvements.

More significant changes to the products and these terms

In addition, we may make changes to these terms or any of the products ordered, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

PROVIDING THE PRODUCTS

Delivery costs

We offer free delivery on all orders over £10 (this is our minimum order value). Your products will be delivered via Royal Mail 2nd Class. For some larger orders we may use a different method, if this happens we will contact you in writing by email.

When we will dispatch your order

We will dispatch your order within 5 working days of receiving the initial order. Changes made to your order could delay its dispatch.

If you are not at home when the order is delivered

If no one is available at your address to take delivery and the order cannot be posted through your letterbox, Royal Mail will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. It is your responsibility to re-arrange delivery or collect you order from a delivery depot.

When you become responsible for the product

The product will be your responsibility from the time we deliver the product to the address you gave us.

When you own goods

You own a product once we have received payment for it in full, it is your responsibility for the product once you take delivery.

YOUR RIGHTS TO END THE CONTRACT

You can always end your contract with us

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:

if what you have bought is faulty or miss-described you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back).

if you want to end the contract because of something we have done or have told you we are going to do.

if you have just changed your mind about the product. 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 return of any goods;

Exercising your right to change your mind (Consumer Contracts Regulations 2013)

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.

When you don’t have the right to change your mind 

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

products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

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

How long do I have to change my mind?

In respect of any products ordered, you have 14 days after the day you (or someone you nominate) receives the goods, unless:

where your goods are for regular delivery over a set period, you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

If you do not have any other rights to end the contract, you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

Tell us you want to end the contract

To end the contract with us, please let us know by doing the following: 

email

email us at cannycandygadgies@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

Returning products after ending the contract

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.  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.

When we will pay the costs of return

We will Refund the cost of return based on Royal Mail 2nd Class Small Parcel Postage:

if the products are faulty or misdescribed; or

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, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

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

How we will refund you 

We 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.

Deductions from refunds

If you are exercising your right to change your mind:

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 which would not be permitted in a shop.  If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

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.

When your refund will be made

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

OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it

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

you do not make any payment to us when it is due.

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

you do not, within a reasonable time, allow us to deliver the products to you.

You must compensate us if you break the contract.

Where we withdraw a product from sale, we may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

How to tell us about problems

If you have any questions or complaints about the product, please contact us. You can email us at cannycandygadgies@gmail.com

Summary of your legal rights

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product, your legal rights entitle you to the following: up to 30 days: if your item is faulty, then you can get a refund. up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.  

Your obligation to return rejected products

If you wish to exercise your legal rights to reject products you must post them back to us. We will refund the costs of postage or collection.

PRICE AND PAYMENT

Where to find the price for the product

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

We will pass on changes in the rate of VAT

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.

When you must pay and how you must pay

We accept debit and credit card payments with Visa / Mastercard / PayPal and you must pay for the products at the checkout.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us

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.

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.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our privacy policy.  Please take the time to read our privacy policy as it includes important terms which apply to you.

Please also take the time to read our cookie policy as it sets out important information about cookies on our website.

OTHER IMPORTANT TERMS

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.  

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.

If a court finds part of this contract illegal, the rest will continue in force. 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.

Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

These terms are drafted in the English language.  If these terms are translated into any other language, the English language version shall prevail.

These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English and Welsh courts.