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This website (the "Site") is owned and operated by Grannies, Inc.. Your access to, use of, placing of an order, selling, linking to the Site, use of software or downloading software on the Site (collectively, your "Access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site ("Terms & Conditions"). If you do not agree with the Terms and Conditions, please do not use this Site.
These Terms and Conditions apply to the use of this website ("Site"), and by accessing this Site and/or placing an order you agree to be bound by the terms and conditions set out below.
The Terms and Conditions of this Site do not affect your statutory rights as a consumer.
"You" and "Your" means the person using this Site to order goods ("Products") and subject to these Terms and Conditions.
"Grannies, Inc.", "granniesinc.co.uk", "We", "Us", or "Our" means Grannies, Inc. Ltd. a company registered in England and Wales at 296A Coldharbour Lane, London SW9 8SE. Our company registration number is 6803469.
"Sub-contractor" means a person chosen to make goods on behalf of Grannies, Inc. Ltd.
"Seller" means a person choosing to sell their own products via the Grannies, Inc. MarketPlace
General
Introduction Intellectual Property Service Access Linking to this Website Disclaimer Liability Events Outside our ControlGeneral
1. INTRODUCTION
1.1 You can access the majority of the Grannies, Inc. website without disclosing your personal information.
1.2 Your Access to the Site constitutes your agreement to be bound by the Terms and Conditions. We reserve the right to amend the Terms and Conditions at any time and you should periodically refer to them on this page and elsewhere on this site.
2. INTELLECTUAL PROPERTY
2.1 You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Site for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder. 2.2 All copyright, trade marks and other intellectual property rights in this Site and its content (including without limitation the Site design, text, graphics, logos, icons, images and all software, databases and source code connected with the Site) are owned by or licensed to Grannies, Inc. or otherwise used by Grannies, Inc. as permitted by law.
3. SERVICE ACCESS
3.1. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
3.2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. LINKING TO THIS WEBSITE
4.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
5. DISCLAIMER
5.1. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
5.2. The material on this Website is provided �as is� without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
6. LIABILITY
6.1. We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
6.2. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
6.3. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
6.4. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
7. EVENTS OUTSIDE OUR CONTROL
7.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
7.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
8.GOVERNING LAW AND JURISDICTION
8.3 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
8.4 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
Buying
9.ORDERING FROM US
9.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
9.2. You warrant that goods ordered by you are strictly for private and domestic use and are not for resale.
9.3. A orders will be placed once you complete the online checkout procedure. Your order constitutes an offer to buy goods from Us and will be acknowledged via email, although this does not represent order acceptance.
9.4. An order will be accepted once a suitable Sub-contractor is found and can fulfil the order. You will be notified of order acceptance via email (�Order Acceptance�). Once a Sub-contractor is confirmed the purchase contract (Contract) will be made and you will be charged. In the case that a Sub-contractor cannot be found the order will be cancelled and you will be notified.
9.5. The Order Acceptance will list the Products to which the Contract refers. Each Product in the order must be listed in a Order Acceptance before we are obligated to supply it. This may mean several Order Acceptances are required for a single order.
9.6. The Order Acceptance will be sent to the email address given by you during the online checkout procedure.
9.7. The Order Acceptance will confirm the Products due to be made and sent to you, their price including postage costs and expected delivery times. You are obliged to contact Us as soon as possible in the event that any of these details are incorrect.
9.8. We reserve the right to reject or cancel an order for any of the reasons listed below:
(a) a suitable Sub-contractor cannot be sourced.
(b) specific wool used to create your order cannot be supplied.
(c) authorisation for your payment cannot be obtained.
(d) in the event of a products description or pricing error.
(e) you do not meet any eligibility criteria set out in our terms and conditions.
9.9. You agree to use any knitting pattern purchased from our Site for personal use only. You agree not to use them for any commercial reason or publish them anywhere without prior consent from Grannies, Inc. Ltd.
10.PRICING
10.1. Where we charge separately for postage, packing and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Site.
10.2. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Acceptance.
10.3. We always try to make sure that the prices on our Site are correct but errors may occur. If we discover an error in pricing of the products in your order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming the order at the correct price or cancelling it. If the order is cancelled we will refund you in full.
10.4. Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we confirm a Sub-contractor for your order.
11. CANCELLATION AND RETURNS POLICY
11.1. Due to the nature of the bespoke service orders cannot be cancelled or returned once they have been accepted with an Order Acceptance.
12. SUB-CONTRACTORS
12.1. We will predominantly be using grandmothers to knit the Products ordered from the Site however the term �granny� used throughout this site is an affectionate term we use for our team of knitters and applies to any chosen sub-contractor, whether they have grandchildren or not.
12.2. The sub-contractor warrants that the Products description will correspond with the description logged by the customer at the time of purchase.
12.3. The sub-contractor shall not be liable for the any loss or cancellation of order relating to a change in the dimensions of the customer after the order was placed.
13. QUALITY
13.1. We warrant that (subject to the other provisions of these Terms) on delivery, all Products shall be of satisfactory quality (within the meaning set out in the Sale of Goods Act 1979) and be reasonably fit for their intended purpose.
13.2. If you are not satisfied with the quality of the Product we will, after inspection of the goods, endeavour to repair, replace or refund as required. This clause will not apply if:
(a) you fail to give written notice of the relevant defect to us within 7 days of receiving the Product.
(b) we are not given a reasonable opportunity to inspect the Product.
(c) (when instructed by us) you do not return such Product to us, or to our nominated sub-contractor, at our cost, for inspection.
(d) you wear or use, or any third party wears or uses, the relevant Product(s) after giving written notice of the relevant defect to us.
(e) the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the Product(s)
(f) you have altered or repaired the relevant Product(s) yourself without our prior written consent.
14. DESCRIPTION / APPEARANCE OF PRODUCTS
14.1. The description and quantity of Products ordered will be listed in the Order Acceptance. All illustrations, descriptions or images on the Site are for the sole purpose of giving an approximate impression of the Product(s) and will not for part of any Contract.
14.2. Due to technology limitations we cannot guarantee that the colours shown on this Site are identical to the colour of the materials used to knit your Product. We will, however, endeavour to best match the colour of the materials to the colours in your design.
15. AVAILABILITY AND DELIVERY
15.1. Turnaround and dispatch of the orders placed at the Supplier may vary from time to time depending on current order volumes, work schedules, material availability or a particular characteristic of the order placed. The sub-contractor will try its best to comply with the average turnaround of 7 to 10 working days.
15.2. The delivery date specified on the Order Acceptance is approximate. Products will be dispatched to the address given by you during the online checkout procedure and different Products may be dispatched separately.
16. RISK AND TITLE
16.1. The Products will be at your risk from the time of delivery.
16.2. Ownership of the Products will only pass to you when we receive full payment of all the sums due in respect of the Products, including any delivery charges.
Selling
17. MANAGING YOUR STALL
17.1 The seller must maintain their profile, including an up-to-date description of themselves and a profile picture. 17.2 The seller must provide clear and descriptive information for all required fields such as name, description and aftercare item details. 17.3 The seller must keep the details of the items they sell up-to-date. 17.4 The seller must declare themselves as 'on holiday' if they would like to take a break from selling for any reason. 17.5 The seller must not use their stall to advertise their knitting services outside of The MarketPlace. This includes website links, branded images (with the exception of clause 18.3), or promotion of their own website via profile or item descriptions.
18. IMAGES
18.1 The seller must make best efforts to upload high quality, clear images of themselves and their items. 18.2 The seller grants Grannies, Inc. access to use any image they upload to advertise the marketplace in any way the company sees fit. 18.3 The seller must not upload branded images (with a logo on) unless it is a condition of the designers copyright. If this is the case, the logo must not advertise a hand made knitwear service outside of The MarketPlace.
19. DESIGN RIGHTS
19.1 By listing an item the seller confirms that the design is either their own or they have permission to use the design commercially.
20. ORDERS
20.1 The seller must confirm receipt of an order via email or via their stall page if the functionality allows. 20.2 The seller must inform us as soon as possible if there are any problems completing an order.
21. PACKAGING
21.1 The seller must ensure that care instructions are either sewn into or included in the packaging of each item ordered. 21.2 The seller must make every effort to make the final presentaton and packaging of the product as beautiful as possible. 21.3 Grannies, Inc. reserve the right to introduce packaging guidelines.
22. TIMESCALES
22.1 The seller must make every effort to complete any item ordered within the estimated days to complete timescale, which they set yourself for each item. 22.2 The seller must inform Grannies, Inc. if they will be a delay in completing an order of more than 2 days, as soon as this delay is realised.
23. DELIVERY
23.1 The seller must set a fair price for the delivery of each item they sell in the MarketPlace and not seek to profit from postage charges. 23.2 If more than 1 item is ordered from their stall for delivery to a single address the seller accepts only the highest postage price will be paid as the total postage for that order (they will not receive postage for each item).
24. RETURNS
24.1 If an item is returned in accordance with our returns policy the seller must provide a full refund including any postage charges. If payment for the item has not yet been made to the seller it will be withheld and refunded to the customer, including postage charges. 24.2 The seller is not obliged to refund a customised product, but may do so at their own descretion. 24.3 Grannies, Inc. will return any returned item to the seller in the condition it was sent.
25. PAYMENTS
25.1 Grannies, Inc. will pay the seller on a monthly basis by BACS by the 10th of the following month. 25.2 Grannies, Inc. will take a 25% commission on each item ordered, not including the postage charge.
26. INFORMATION USAGE
26.1 The seller grants Grannies, Inc. access to use any information or image they provide (with the exception of those listed in the next clause) to advertise the marketplace in any way the company sees fit. 26.2 Grannies, Inc. will keep the following pieces of your personal information confidential and will never share these with any 3rd party: (a) Full Address (b) Email address (c) Telephone number (d) Financial information
