Stitch & Steele – Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) or book any workshops (Workshops) listed on our website www.stitchandsteele.com (our site) to you. Please read these terms and conditions carefully before ordering any Products or booking any Workshop place (whether this is by telephone, text, by email or via this website). You should understand that by ordering any of our Products or booking any Workshop place, you agree to be bound by these terms and conditions.
These terms and conditions comply with The Consumer Contracts Regulations – which came into force on 13 June 2014.
Our website (www.stitchandsteele.com) is run as part of the business Stitch & Steele which is a sole trader business run by Fiona Howarth. The registered business address is 13 Ludlow Avenue, Berkeley-Beverborne, Worcester, WR4 0EN.
We work within the legal framework of the UK and current legislation
2. Your Status
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts and
- You are at least 18 years old
- You do not have any existing health conditions that may affect your ability to attend your workshop or course booking. If you do, you waive any claim to refunds for inability to attend any of our workshops or course bookings due to this.
3. Contract Execution
This section clarifies how the contract is formed between you and us.
3.1 After placing an order for Products or services (requesting a reservation of a Workshop place (Order) via our website/by phone/by text/by email) you will receive a response from us acknowledging that we have received your Order and confirmation of your booking on the workshop/course. If you book via our website, this should happen automatically via the ecommerce software we use (Shopify or Woocommerce). When you place your order (via our website/by phone/by text/by email), this is the point at which we both enter into a contract, regardless of whether full payment has been made or not.
If you place an order and decide to pay by Direct Bank Transfer, you will automatically get a system generated email stating that your Order is on Hold (pending payment). If you do not make full payment before the date and time of the workshop you have booked, you will not be able to attend the workshop but you will still be liable to pay for the Order (Booking) you have placed (made).
3.2 Where you are purchasing Products, if the items are out of stock we will inform you by e-mail of the next expected delivery date. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Consumer Rights Cancellation
4.1 Purchase of Products
(a) you may cancel a Contract for purchase of Products at any time within 14 days, beginning on the day you receive delivery of your physical products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 5: REFUNDS below).
(b) To cancel a Contract for purchase of Products, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
(c) Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
4.2 Booking a Workshop/Course
(a) Under the Consumer Rights Act you have the right to cancel and get a full refund for any workshop/course you have booked, if this is within 14 days of the booking being received (via our website/by phone/by text/by email), regardless of whether payment is made is not. However, if you book within 14 days of any workshop/course event, you agree that this will not apply and agree that no refund will be due.
(b) Other than clause 4.2(a) there is no right for you to cancel the Contract, although if you are unable to attend a Workshop, please let us know as soon as possible and we will do our best to accommodate you on an alternative date.
(c) To cancel a Contract relating to attendance at a Workshop in accordance with clause 4.2(a), you must inform us in writing.
5. Refunds Policy
5.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the 14 day cooling-off period (see clause 4), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) For any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
5.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.3 In the event of a Product being defective we shall at your election replace the Product instead of providing a refund.
5.4 If you cancel a Workshop in accordance with clause 4.2(a) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Workshop to you in full.
6. Service & Booking Information
A booking is for a named individual or set of named individuals who are named at the time of booking. Course/workshop/event spaces may not be transferred over to other 3rd parties. Only those attendees, named at the time of booking or in subsequent communication regarding that booking, will be allowed to attend the course/workshop/event booked.
If you book onto and attend one of our courses/workshops/events within the 14 day “cooling off period”, you are waiving your right to cancel under the Consumer Rights Act and will not be entitled to a refund.
When you purchase a training course or workshop via our website, you are agreeing to fill one space per space booked, on a specific workshop date and that date only. We are not legally obliged to provide that service on another date if you cannot attend on the date/time specified and agreed to by you when you book. We will however, at our own discretion, try to accommodate you on the next available course/workshop and date if we have sufficient places left on to be able to do so. We will only be able to do this on one occasion per booking. If you need to move your course booking a 2nd time for whatever reason, you will not be entitled to a refund of any kind for any part of the course/workshop you have booked.
If you have any health issues, whether these are pre-existing or occur after your course booking, we are not legally obliged to provide a refund if you are unable to attend a course/workshop you have booked. However, we will allow you to attend the next available course/workshop instead, if we have sufficient space available. If you need to move your course booking for a 2nd time for any health related issues, you will not be entitled to a refund of any kind for any part of the course/workshop you have booked.
If you have any health issues which pre-exist at the time you book onto any course/workshop, which may impact your ability to attend the workshop/course you have booked, you accept the above terms and conditions by going ahead with your booking.
7. Payment Terms
Full payment for your booking must be made and cleared in full before the 1st date of the event booked. Failure to pay in full will mean that you cannot attend the event booked unless this has been agreed in writing by us beforehand (i.e. before the 1st event date) and you will still be legally liable to pay for the event.
8. Our Right To Cancel A Workshop
In exceptional circumstances, we may unfortunately have to cancel or postpone a Workshop. If that does occur, we will give you as much prior notice as possible and will give you the opportunity to attend on the next available date or provide you with a full refund, whichever is your choice. Unfortunately, we cannot accept any liability for travel or other costs.
If this occurs as part of a course, we will continue to run the course as soon as is possible. You will not be entitled to a refund for the whole of the course cost, but only for any course dates you are unable to attend due specifically to us having cancelled or postponed any part of a course.
9. Gift Vouchers & Gift Cards
Gift vouchers & gift cards can be purchased online and are valid for 12 months from date of purchase. We will email your voucher (immediately or on your specified date) to you or your intended recipient or you can print it out for delivery yourself. Gift vouchers are redeemable for workshops only and cannot be redeemed for cash. Your statutory rights of cancellation are as specified at clause 4.1 above.
10. Our Liability
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 We warrant that the Workshop service shall be provided using reasonable skill and care.
10.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to:
(a) (where you have purchased Product) the purchase price of the Product you purchased and any losses that are a foreseeable consequence of us breaking the agreement.
(b) (Where we have contracted to provide a Workshop) the price paid for the Workshop and any losses that are a foreseeable consequence of us breaking the agreement.
Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (d) inclusive of this clause 10.4.
10.6 In accordance with the Health and Safety at Work, etc. Act 1974 and the Consumer Protection Act 1987, we confirm that the Products that we supply as a distributor do not present a hazard to health and safety:
(a) when properly used for the purpose for which they are designed; and
(b) if you take reasonable and normal precautions in their use.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing.
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
all notices given by you to us must be given to Stitch & Steele at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
13. Events Beyond Our Control
We shall have no liability to you for any failure to deliver Products you have ordered, or supply any services, or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
16. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
17. Entire Agreement
18. Complaints Procedure
Please note that if you are unhappy with our workshops or courses and wish to make a complaint, you will need to notify us in writing of this at the earliest opportunity.
19. Gift Card & Vouchers Terms & Conditions
Under Distance Selling Regulations, you have a 14 day cooling off period after purchase of any gift card or voucher. This means that the recipient will be unable to redeem the gift card or voucher until the 14 day cooling off period has passed. If you wish to waive this right, so that the gift card or voucher can be redeemed immediately after purchase, you will need to waive your right to the cooling off period by clicking the relevant box upon cart checkout and purchase completion.
For more details on our specific Terms & Conditions for our gift cards and vouchers, please click on the link below: