Terms & Conditions

Conditions

Terms & Conditions

Products available for sale on this website (Products) are subject to these terms and conditions. By placing an order for Products on this website you agree to be bound by these terms and conditions. We reserve the right to change these terms and conditions at any time, and you are bound by the version available on the site at the date of placing your order. Your statutory rights are not affected by these terms and conditions. These terms and conditions include our privacy policy and the information on our help page.

Your Representations

You promise that you are at least 18 years old and have the legal right and ability to enter into this agreement and to use any debit or credit card used to purchase the Products. You also promise that all information you have provided is accurate and true. You authorise us to perform validation checks and authorisation with the card issuer.

Indemnity

You agree to fully indemnify us, our officers, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses arising out of any breach by you of these terms and conditions or by your use of this website, or the use of any other person accessing this website using your shopping account or your personal information.

Prices

All prices stated on the website are inclusive of VAT where applicable, but exclusive of shipping charges, unless we tell you otherwise. Prices and availability of Products may be changed at any time without notice. The price at which you agree to purchase the Products is the price stated on this website at the time you place your order. Prices in our retail stores and outlets may be different to the prices shown on this website.

Colours

We make every effort to ensure that the images of the Products on our website are accurate. However because of differences between monitors the colour you see of the Product may not accurately reflect its true colour.

Orders

We will take all reasonable steps to ensure that your credit or debit card information (Confidential Information) is kept secure. However unless we have been negligent, we are not liable for any losses arising from unauthorised access by a third party to your Confidential Information.

Acceptance

Once you have placed an order on this website, we will send you an email confirming receipt of the order you have sent. We will not accept the order and complete the contract until we despatch the Products ordered. If there is a problem with your order, eg a problem with your credit card or we do not have the Products ordered in stock, and we cannot accept the contract, we will tell you by email.

Payment

Where payment is made by credit or debit card, you authorise us to debit your card with the total cost of the Products selected including VAT and delivery charges. Any refunds made in respect of returns or cancellations will be made to the same card. Where payment has not been made in full, we may cancel your order and/or suspend any further deliveries to you.

Delivery

Liability

We are not liable for loss of profits, loss of business or other consequential, special or indirect loss, costs, expenses or other claims for compensation, whether caused by our negligence or not, arising out of or in connection with the Products or their use or resale by you. We are not liable to pay you any compensation other than a refund equal to the price of the Products that you have paid us for.

This clause is not intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence. The risk of damage or loss of the Products passes to you when delivery is made. Delivery is made at the time we leave the Products at the address specified by you. We cannot accept any claims beyond this point. All implied warranties and undertakings are excluded to the maximum extent permitted by law.

Care Instructions

Where a product has care instructions, you must follow these instructions. We are not liable for any loss or damage in the event that the instructions have not been followed.

Trademarks

All trademarks, brand names, copyrights, Product names and trade names are the property of their respective owners and we do not authorise any use which infringes those rights. Subject to this, you may view, print and download from our website for personal use only. Any other use of information or materials on this website is strictly forbidden without obtaining our written agreement first.

Errors and Omissions

We have made every effort to ensure that the information on this website and in any documentation we may send you (“Information”) is accurate. However we do not make any promises about the Information and we are not liable for any loss or damage, whether direct, indirect or consequential, which may happen as a result of relying on the Information, except where we are not allowed by law to exclude our liability.

Force Majeure

We are not liable to you for any failure or delay to supply or deliver or for any damage or defect to the Products that is caused by any event or circumstance beyond our reasonable control.

General

If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you), the validity, legality or enforceability of any other part of these conditions will not be affected. This agreement is governed by English law.

Questions about payment What cards do you accept?

We accept Visa, Mastercard, Maestro, Delta, Electron, Switch, Solo. We don't accept cheques, AMEX or Diners cards.

What currencies can I pay in? We accept payments in Sterling (£).

Is it safe to order online?

We realise how important it is to securely store any information that you provide, so we maintain the highest levels of security. Our site uses high-level 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 payment and personal details very seriously.

You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www.magiccustard.com in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.

Questions about delivery How long will it take for my order to arrive? We aim to despatch orders within 72 hours but please allow up to 28 days for delivery.

Can I have the goods delivered to someone else?

When you register, fill in the appropriate "ship to" address in your account details.

If you want to change the delivery address after you have created your account, go to your address book. Add your new delivery address here. When you get to checkout click on "change address" under the delivery address and select the appropriate address. If your order has already been placed please follow the procedure in Can I change my order. We cannot guarantee that we will be able to change the delivery address after an order is placed.

Can you leave my delivery with a neighbour/in the garden?

Unfortunately not. If you are not in, the courier will leave a note telling you where you can collect your parcel.

Do you deliver outside the UK?

Yes we do. We accept orders from all destinations within the EU.

I have just placed my order Can I change my order?

We cannot guarantee that we will be able to make the changes you request. One of our customer services team will contact you to let you know if it is possible to accommodate your request. If your order has been despatched, you will need to return the goods once you receive them.

Can I cancel my order?

I have received my order I want to return an item If you would like to return an item, for whatever reason, please ring this number: 020 8740 8877

You may send the parcel back to us by Royal Mail quoting the Returns Number or any courier of your choice. However, please note that it is your responsibility to make sure it reaches us. We suggest that you send it by some form of insured delivery to cover the cost if it gets lost in transit.

Please note that these requests can only be processed once our warehouse has received your returned product(s). This returns policy is in accordance with the European Directive on distance selling. All goods must be returned in mint condition within 14 days of delivery. Unfortunately we cannot accept returns of clothing or for any item which has been altered to your specifications.

Do I have to pay to return the item?

Can I exchange an item?

If you wish to exchange an item you need to return it and place a new order for the replacement item.

I returned an item, but you say you have not received it.

The item is your responsibility until we receive it. We suggest that you send it by some form of insured delivery to cover the cost if it gets lost in transit.

Why have you not refunded the delivery charge? We only refund the delivery charge if:

• you have returned an item which is faulty; or

• you have returned the whole order and not asked for anything in exchange.