Terms and Conditions

Online Terms and Conditions
This contract sets out; your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.
In this contract: ‘Supplier’, we’, ‘us’ or ‘our’ means Peyton & Tyler; and ‘Customer’, 'Consumer',‘you’ or ‘your’ means the person using our site to buy goods from us. 'Goods' means items which can be purchased from us.  
If you don’t understand any terms of this contract and want to talk to us about it, please contact us by email on hello@peytonandtyler.com.

1. Introduction
1.1 As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you buy goods on our site you agree to be legally bound by this contract.
1.2 You may only buy goods from our site for non-business reasons.
1.3 When buying any goods you also agree to be legally bound by our website terms and conditions and any documents referred to in them;
1.4 We will only accept your order when we email or text you to confirm this.
1.4.1 At this point a legally binding contract will be in place between you and us; and we will dispatch the goods to you.
1.5 Availability of the Website and disclaimers
1.5.1 Any online facilities, tools, services or information that  makes available through the Website is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  is under no obligation to update information on the Website.
1.5.2 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
1.5.3 We accept no liability for any disruption or non-availability of the Website.
1.5.4 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
1.5.5 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
1.5.6 You may not use the Website for any of the following purposes:
1.5.6.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website
1.5.6.2 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
1.5.6.3 making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

1.6 Hyperlinks and third party sites
1.6.1 The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them.
1.6.2 The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

 2. Application
2.1 These Terms and Conditions will apply to the purchase of the goods by you.
2.2 These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

3. Goods
3.1 The description of the Goods is as set out in the Website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
3.2 In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3.3 All Goods which appear on the Website are subject to availability.
3.4 We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

4. Personal information
4.1 We retain and use all information strictly under the privacy policy. 
4.2 We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
 
5. Basis of Sale
5.1 The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
5.2 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
5.3 A Contract will be formed for the sale of Goods ordered only when you receive an email or text from us confirming the Order. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email or text with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
5.4 No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
5.5 We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.

6. Cancellation and Withdrawal
6.1 Right to cancel
6.1.1 You have the right to cancel this contract within 14 days following receipt of your goods.
6.2 Effects of cancellation
6.2.1 If you cancel this contract, we will reimburse to you all payments received from you, excluding delivery costs. 
6.2.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
6.2.3 We will make the reimbursement without undue delay (unless there are circumstances beyond our control), and not later than 14 days after the day we received back from you any goods supplied; or make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We are not obliged to reimburse you until we receive the product(s) back from you. We strongly recommend that you send the products using a secure or trackable method - e.g. Recorded/Special Delivery - and that you retain your proof of postage.  If there are delays in reimbursement, we will notify you by the email used on your order.
6.3 The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality as per clause 8.2. During the expected lifespan of your product you’re entitled to a refund if your Goods are faulty, up to 30 days from receipt of the goods. Your right to return does not apply to products which fall into the following categories unless they are faulty:
6.3.1 Goods made to your specification cannot be returned for any reason unless faulty.
6.3.2 Perishable goods unless faulty or damaged.

7.1 Delivery
7.1 We use a company called Electrolve Ltd trading as Swift e-Commerce to arrange the fulfilment of our goods with contracted delivery parties. If you want to see your delivery options, visit our webpage under Shipping and Returns policy in the footer, before you place your order

8. Nature of the goods
8.1 We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation
8.2 Upon delivery, the Goods will:
8.2.1 be of satisfactory quality;
8.2.2 fit for purpose
8.2.3 conform to their description.
8.3 While we try to make sure that all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such colours, weights, sizes and measurements in our goods as they are fully or partially hand made, and the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you are using. 
 
9. Circumstances beyond the control of either party
9.1 In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other party as soon as reasonably practicable; and
9.2 The party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

10. Privacy 
10.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation [also incorporating UK GDPR] and the Data Protection Act 2018 with regard to your personal information.
10.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy which can be found in the footer of our Website, and refer you to such for more information.

11. Payment and Price
11.1 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our privacy policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
11.2 The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
11.3 Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

12. Excluding liability
12.1 The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
12.2 You agree to indemnify and hold us harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via our Website, or from your use/misuse of the Websites or the use/misuse by any person for whom you are responsible or from your violation of the Terms and Conditions.

13. Ownership, use and intellectual property rights
13.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site are owned by us and our licensors.
13.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
13.3 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.

14. Governing law, jurisdiction and complaints
14.1 The contract between you and us, under which you have made your purchases, it is agreed shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us. This does not affect your statutory rights.

15. Company details
15.1  We are Peyler Group Limited trading as Peyton & Tyler, a company registered in England and Wales under company number: 12843153.
15.2  We are registered for VAT.  Our VAT number is 366157774. We are required to charge VAT in accordance with United Kingdom law.
15.3  The details of this contract is not filed with any relevant authority by us.