You must be at least 18 years of age to purchase on-line.
1. Description of our Business and Contact Points
At: www.hereinspirit.co.uk
Here in Spirit, Hammonds Park,
Narberth Road,Tenby,
Pembrokeshire
SA70 8HT
UNITED KINGDOM
Our Telephone Number is: +44 (0)1834 842048
Our E-mail address is: hereinspirit@mac.com
NB: Corporate/Trade Customers wishing to enquire or make purchases should leave their details and any questions on the Contact Information page.
From time to time the Here in Spirit Web site, www.hereinspirit.co.uk may contain hyperlinks to Web sites operated by other parties. Such hyperlinks are provided for your reference only. We may not control such Web sites and are not always responsible for their contents. Our inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites
All website design, text, images and graphics and the selection and arrangement thereof on our website(s), is the copyright of Here in Spirit.
Permission is granted to electronically copy and to print portions of our website(s) for the sole purpose of placing an order through Here in Spirit, or to use our website(s) as a shopping resource.
Any other use of materials on our website(s), including reproduction for purposes other than those noted above, modification, distribution or republication any part of it without the prior written permission of Here in Spirit is strictly prohibited.
The names, images and logos identifying Here in Spirit, or third parties and their products and services are subject to copyright, design rights and trade marks of Here in Spirit and/or third parties.
Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any licence or right to use any trademark, patent, design right or copyright of Here in Spirit, or any other third party.
The Artisan; Designer; Producer/Manufacturer (hereinafter referred to as “our Client”) featured on the web Site, www.hereinspirit.co.uk, has title to, and owns, the goods until Property passes to the Buyer in accordance with these Terms and Conditions of Sale.
At no time does Here in Spirit own the goods that you purchase at www.hereinspirit.co.uk.
We have taken care to present the products on our website as accurately as possible. However, the images you see will depend on your monitor's display and colour capabilities. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. In any case artistic license will ensure that each item of work is a unique and individual piece of art, thus enhancing its originality.
By submitting an order to us through our website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is processed by us, payment will be made in full.
If the Billing details for your order are the same as your Delivery address details, by placing an order on the website you confirm that you are the person referred to in the Delivery address details. Otherwise, by placing an order, you confirm that you are the person referred to in the Billing details.
Here in Spirit must receive payment of the whole of the price for the goods that you order before your order can be accepted except where clearly stated otherwise.
Once payment has been received, and cleared, Here in Spirit will confirm to you that your order has been accepted by sending an email to you at the email address you provide in your order form.
The process of Here in Spirit accepting your order brings into existence a legally binding contract between you, Here in Spirit and our client.
We process your payment for your order before arranging with the artisan to despatch the goods to the delivery address given by you at the time you placed the order. If for any reason we are unable to process your payment or complete the order acceptance process we will try to contact you to inform you that we have not accepted your order, or that we have cancelled your order.
We do not have to give reasons for not accepting your order or canceling your order, however, we will usually indicate the grounds for refusal if requested to do so.
The price payable for the goods will be that set out on the website when the Order is placed with Here in Spirit and will be inclusive of packaging.
The Delivery Charge payable will be calculated and shown during the checkout process.
If you need to cancel your order, please contact Here in Spirit customer services team by email at: hereinspirit@mac.com quoting your order and reason/s for the request. We will then advise you how to proceed with this process.
If the goods have already been despatched, we will inform you how to return them.
Under the UK Consumer Protection (Distance Selling) Regulations 2000 the Buyer has a separate right of cancellation during a "cooling off" period.
Here in Spirit and its clients comply with these regulations for all transactions and if you wish to cancel your order under the terms of these regulations, you must inform us of your wishes in writing or by email within seven working days following the delivery of your order. In the case of specially commissioned arts and custom made crafts, once our Client has commenced the crafting process, you are liable to the full contract through to completion without recourse to this act.
Where your order is returned to us within 7 working days of delivery, or you notify us in writing or by email of your wish to cancel your order within this period, your purchase price will be refunded as appropriate. Outgoing postal charges will also be refunded where charged.
You must take care of the goods whilst they are in your possession and return them to us at your own expense. We can arrange this for you through our carriers and this charge will be borne by you.
Please note that your right to return goods does not apply to certain products. Further details are set out in our Returns Policy.
A full credit for the purchase price of the goods will be given (not including outward and inward delivery charges). These delivery charges, when incurred using our carrier, are subject to a separate contract between the purchaser and Here in Spirit. To receive the refund, the goods and packaging should be in undamaged condition, and the goods or artwork(s) returned in the same condition that they were delivered to you.
Note:You will not be able to cancel your order, or ask for a refund if you have had delivery of the goods for more than 30 days.
These conditions do not affect your consumer, or statutory rights.
We and our clients endeavour to ensure the order is securely packaged and in good condition. Should the artwork be delivered in a damaged condition, please inform us immediately by email and we will advise you how to proceed. Please do not attempt to return the damaged item until advised. The carrier may need to inspect. Please retain all the original packaging and safely store the contents. Your original payments will be fully refunded if requested. We will of course attempt to replace the damaged item, but most original works of art are irreplaceable, but we will supply an alternative of your choice if available.
Irrespective of whether an item was damaged in transit, was found to be defective, was not ordered or was not wanted, the Buyer shall first contact Here in Spirit prior to taking any action to return goods.
Except in relation to faulty goods the following may not be returned:
Custom made crafts, commissioned art, beds, bedding, toiletries, cosmetics, fragrances, pierced earrings, hair accessories, swimwear, lingerie/nightwear/underwear, hosiery, millinery, scarves, pharmaceuticals products, woodwind and brass instruments, food, beverages, or perishable goods, magazines and Newspapers of any description.
This does not affect your Statutory Rights.
We accept online payment via PayPal who cater for most credit and debit cards.
Your credit card details are collected and processed by Google Checkouts, eCommerce credit and debit card payment providers whose systems are internationally renowned and accepted. We follow Google Checkouts anti fraud recommendations to ensure the security of both our clients and their customers. We recommend you visit the Google Checkouts website at: http://checkout.google.com for further detail. At no time is your card information stored on our site. Google Checouts encrypts your confidential information in transit from your computer to theirs server using the Secure Sockets Layer protocol (SSL) with an encryption key length of RSA (1024 Bits) (the highest level commercially available).
We operate a policy of informing the Police when a card has been used fraudulently, and will always do our utmost to help the Police prevent illegal and fraudulent use of credit and debit cards.
If an item that you order is not available, subject to a delay, or the price is higher than that shown on your order, we will attempt to contact you at the email address you provided when placing your order.
Substitutions will only be made with the Buyer’s prior consent.
Here in Spirit shall arrange for the carriage of the Goods to the Delivery Address and shall be entitled to deliver the Goods on any weekday during normal working hours after the period for delivery has commenced.
Please allow 40 days for delivery of products you have purchased but note that whilst every effort is made to deliver Goods on the dates or within the periods specified by Here in Spirit, any delivery date or dates which may be quoted verbally or in writing are estimates only. Here in Spirit or its clients shall not be liable for failure to deliver by such date or dates, or for any damage or loss arising directly or indirectly out of delay in delivery.
Any additional costs of carriage and any insurance which the Buyer reasonably directs Here in Spirit to incur over and above those covered by the Price shall be reimbursed by the Buyer without any set-off or withholding whatever and shall be due on the date for payment of the Price.
The Buyer will ensure that at the Delivery Address there is the adequate and appropriate personnel and equipment for taking delivery of the Goods and that, where appropriate, the Buyer’s Agent has been properly instructed.
If for any reason the Buyer or Buyer’s Agent will not accept delivery of any of the Goods, or the carrier is unable to deliver the Goods on time because the Buyer or Buyer’s Agent has not provided appropriate instructions, documents, licences or authorisations:
a) Risk in the Goods will pass to the Buyer;
b) The Goods will be deemed to have been delivered; and
c) The carrier may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage, demurrage and insurance).
Here in Spirit and its clients shall not be liable for any loss or damage whatever due to failure by the carrier to deliver the Goods (or any of them) promptly or at all.
NOTE: -
Individual rates and delivery times will be included in the product information for each individual item or will be available during checkout.
Title shall not pass to the Buyer until the Buyer has paid the Price, plus VAT if applicable, in full, and no other sums whatsoever are due from the Buyer to Here in Spirit.
Delivery of the Goods takes place when the Goods are delivered to the Buyer or the Buyer’s Agent at the Delivery Address.
Risk shall pass on delivery of the Goods.
All deliveries to Non UK Destinations shall be carried out in accordance with ICC Incoterms (latest Revision) and Title, Delivery and the passing of Risk shall be as set out in the aforesaid Incoterms.
When ordering goods through Here in Spirit Limited for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.
Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
Additionally, please note that when ordering through Here in Spirit Limited, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Under no circumstances shall Here in Spirit Limited or its clients be liable or accountable for delays in customs clearance.
Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Also, we provide certain order, delivery and product information, to our carriers and such information may be communicated by the carriers to customs authorities in order to facilitate customs clearance and comply with local laws.
Note: -
a) We reserve the right to withdraw international delivery at anytime.
b) We do not currently offer delivery to BFPO addresses.
c) If you require any additional information please email at: info@hereinspirit.co.uk
The Goods shall be conclusively presumed to be free from any defect or damage which would have been apparent on reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods UNLESS the Buyer:
a) Inspects the Goods immediately on receipt of the Goods from the carrier; and/or within 3 days of delivery notifies Here in Spirit, by email at: info@hereinspirit.co.uk of any alleged defect, shortage in quantity, damage or failure to comply with description or sample; and
b) Affords Here in Spirit or its nominees, an opportunity to inspect the Goods within a reasonable time following such notification and before any use is made of them.
Where the Goods are delivered to the Buyer’s Agent the Buyer shall ensure that the Buyer’s Agent complies with these Terms & Conditions on behalf of the Buyer.
The Buyer shall be deemed to have accepted the Goods 3 days after delivery takes place and, following acceptance, the Buyer shall not be entitled to reject Goods which are not in accordance with this Agreement.
We do not exclude or limit our liability or the liability of any other person for death or personal injury resulting from our or their negligence or for fraudulent misrepresentation. Except as set out above and in relation to our contractual obligations to supply goods following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees, the Artisan; Designer; Producer/Manufacturer and our Clients featured on the Here in Spirit, hereinspirit.co.uk Web Site, or any other representative will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.
We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).
You agree to indemnify us and our agents and officers, directors and employees, the Artisan; Designer; and the Producer/Manufacturer and our Clients featured on the Here in Spirit, hereinspirit.com Web Site, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. We may change these Terms and Conditions at any time.
No waiver by Here in Spirit or Here in Spirit's Agent (whether express or implied) in enforcing any of its rights under these Terms and Conditions shall prejudice its rights to do so in the future.
Here in Spirit or Here in Spirit's Agent shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Here in Spirit Limited or Here in Spirit's Agent shall be entitled to a reasonable extension of its obligations.
The hereinspirit.co.uk website is controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place in this website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or any order you place on the website.
Any notices required to be given under these terms and conditions shall be deemed to be served if sent through the post, or faxed with copy by post, or emailed with copy by post to the address and contacts given at the time you form a contract with Here in Spirit and with its clients.
RESOLUTION OF DISPUTES & LIABILITY
When disputes arise between our Clients and the purchaser, Here in Spirit will act as an intermediary and endeavour to resolve such disputes, but only if the goods were purchased online at the Here in Spirit Web Site www.hereinspirit.co.uk
Here in Spirit is not liable in any way during any dispute regarding the goods, which may arise between you and our Clients.
If for any reason you are dissatisfied with the goods, service, or information offered on this website, you are encouraged to contact Here in Spirit. Please include your name, telephone, email and other contact details in all communications between us. If applicable give a preferred time to call; so we can respond to your comments, and check facts with you.
All complaints will be handled by a senior manager, and treated in the strictest confidence. Your personal information will be used only in the pursuance of your complaint, and will not be passed on to any other party, unless you agree to it.
On receipt of a complaint, you will receive an acknowledgement and complaint query number from Here in Spirit within 7 working days. From this point you will receive regular complaint action updates (verbally or in writing), at least once every 7 working days, until the complaint is resolved.
We will monitor all complaints to improve the service we offer, and may contact you regarding our complaints handling procedure to find out how to better it. In this case your identity and comments will be anonymous and used for internal processes development and `case-study’ training purposes only.
PRIVACY & SECURITY
We are committed to protecting your privacy and will only use the information that we collect about you lawfully and otherwise in accordance with the Data Protection Act 1994 & 1998 as appropriate.
We collect information about you for 2 reasons: firstly, to process your order; and secondly, to provide you with the best possible service.
The type of information we will collect about you includes:
- your name
- address
- telephone number
- email addresses
We never collect sensitive information about you without your explicit consent and, as required by the UK Data Protection Acts of 1984 and 1998, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.
Your personal details are secure, and we do not pass this information on.
The personal information you give us is used to make your shopping experience easier, and to personalise our communication with you.
Our personal information security procedures mean that we may request proof or verification of identity before we are able to disclose sensitive personal information.
Here in Spirit does not sell, trade or rent your personal information to others.
THE USE OF "COOKIES"
Cookies are small pieces of information that are stored by your browser on your computer’s hard drive, and are used on this shopping site to keep track of the contents of your shopping cart and to store your details if you select the 'Remember Me' Option. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. However, if you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Our cookies do not contain any personally identifying information.
We may also monitor customer traffic patterns and site usage using cookies, to help us develop the site design and usability.
.
