Who are we and our contact details
I am a sole trader Kelly Kraus of Tonbridge Road, Maidstone ME16 8NH trading as Team Sikel with my principal place of business as Tonbridge Road, Maidstone, ME16 8NH.
You can get hold of us in any of the following ways:
by emailing us at firstname.lastname@example.org; or
by writing to us via social media messaging.
What do these terms do and why are they important?
Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including
how we will provide you with the goods and/or services that you have ordered
our payment terms and delivery times
the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
what you should do if there is a fault with the goods and/or services that we have provided to you, and
how we will use your personal details
as well as other matters.
If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
We only sell goods and/or services in the UK.
Separate terms and conditions apply to the use of our website. You can find those terms and conditions here.
Your personal information
For information about how we collect and use your personal information, please see our website privacy notice, which is available here.
Order Process and the Contract between you and us
When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods and/or services to you which we will usually communicate by email. If we tell you that we cannot provide the goods and/or services to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods and/or services, and we have already received payment from you, then we will promptly refund you for any goods and/or services that we cannot provide to you.
About the goods
Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only unless specified as the goods you will receive. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images. Please check your browser colour settings.
All of our goods are handmade, which means that the size, dimensions or weight of the handmade goods may vary. We give measurements of most product listings, but these are best estimates. If you have any questions, please contact us before placing your order.
All of our goods are made from reclaimed materials, and will feature signs of wear. These are not faults, they are character from their previous lives and make ever piece unique. We will try to highlight any areas of major wear, but are unable to capture products from all possible angles. Please contact us if you have any questions or concerns before you place your order.
If you place an order for goods that are to be made to measurements that you have given to us, then you must ensure that those measurements are accurate. You are responsible for them.
Changes to goods and/or services
If you would like to make a change to the goods and/or services for which you have already placed an order, please contact us as promptly as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
It is possible that exceptionally, we may need to make a more major change to the goods and/or services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 15.1 (cancellation terms) of these terms and conditions will apply.
The changes that we expect to fall under this section are:
it is unlikely, but possible, that the item you ordered is no longer available. We will offer you a substitution of a similar item.
The price of the goods and/or services will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.
We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 15.1 of these terms and conditions will apply).
Any costs for delivery of the goods and/or services and other costs associated with the goods and/or services will be the amounts that were set out to you in the order process on our website.
When you need to pay us depends on whether what we provide you with is goods or services:
For one-off goods, you must pay for them before we ship them to you;
For one-off services such as classes, you must pay before the class begins.
We accept payment by card using Stripe.
Delivery and collection of goods and supply of services
Before you place your order we will let you know when we will ship the goods and/or services to you .
For one-off goods, unless we have agreed another date with you, we will ship them within 3 business days of the date on which we accepted your order;
For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the approximate date for completion of the services will be the date we advised you when you placed your order;
We will contact you if we are delayed in shipping the goods and/or services to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods and/or services that you have paid for but not yet received.
We use Royal Mail to deliver goods ordered from this website using 1st Class Shipping (unless otherwise arranged). They estimate it will take 1-2 business days from the date of shipment to deliver your parcel. Due to Coronavirus or other circumstances beyond our control this may be delayed. Please be patient.
If you told us that you would like to collect the goods, then you can collect them once we have confirmed that they are ready for collection. You can collect them at the market you specified. If you do not collect the goods from us at the market you specified, we will contact you about what to do next. If we are still unable to arrange collection of the goods with you, then we may cancel the contract, and the consequences set out in section 16.2 will apply.
If something happens that means we must suspend the supply of the goods and/or services to you, for example:
to make minor technical adjustments or to resolve technical issues;
to update the goods and/or services to implement a change in law or any relevant regulatory requirement,
then we will contact you to let you know.
We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods and/or services, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.
Responsibility for and ownership of goods
You will be responsible for goods from the point at which you accept delivery of the goods – or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.
You will only own the goods once we have received full payment for them.
We will inform you during the order process of information that we need from you in order to provide you with the goods and/or services.
Please ensure all information you provide us is correct. We are not responsible for incorrect addresses, etc. If you realise you’ve made a mistake, please contact us at the email address in section 1 as soon as possible to rectify. We are unable to make any amendments once we’ve shipped your order.
If there is a fault with the goods and/or services
We hope that you are satisfied with the goods and/or services that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1. Please note, our items are handmade from reclaimed materials and will feature signs of wear. This wear is not a fault, it adds character and makes our items unique.
We must provide goods and/or services to you that meet your consumer rights.
Please contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06 for more information about your consumer rights, or you can contact your local Trading Standards Department..
If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must contact is as soon as possible using the email address in section 1 with your name, address, order number, description and pictures of the fault. Depending on the nature of the fault described, we may ask you to post them back to us at your own cost. Once received, the item will be checked. If it is determined to be a fault, we will refund you the postage paid.
Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 14.
Our liability if you suffer loss or damage
If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods and/or services to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods and/or services (a summary of which is set out in section 12.3) or for providing you with defective items under the Consumer Protection Act 1987.
If we provide any advice to you, including in any instructions or manuals provided to you with the goods and/or services, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
We only provide goods and/or services for private and domestic use. We do not provide them for business or commercial use. If you do use the goods and/or services for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
Cooling-off period and your right to cancel the contract during it
Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 15 below.
When you buy goods and/or services from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 14.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 14.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered goods and/or services. It is also subject to certain exceptions which are set out in section 14.4 below. You can calculate the cooling-off period as follows:
For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
For goods that are ordered together but that are delivered to you separately on different days, you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
For a contract that is for goods and services, you have up to 14 days after the day you receive the goods to cancel the contract;
For services, you have up to 14 days after the day we contact you to accept your order to cancel the contract.
If any of the following circumstances applies to the goods and/or services that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods or services because you have changed your mind:
if the goods have been personalised or made to your specification;
if the goods that you have ordered are sealed for health or hygiene reasons and you have broken the seal on them;
if the services have been completed;
If you want to cancel the contract because you have changed your mind then you should let us know before the end of the cooling-off period (as calculated in accordance with section 14.3) in one of the following ways:
contacting us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel; or
filling out the form, which is available at the bottom of this form and submitting it to us using the details set out in section 1.
If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind.
If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cancellation period (but before we have completed them), then you will have to pay us for the services that we have provided to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.
If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods and/or services as well as any standard delivery costs that you paid, but if you chose a more expensive delivery option than our standard delivery when you placed your order, then we will only refund you an amount equivalent to our standard delivery costs. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment which you used to pay us within 14 days of the day we receive the goods back from you or, if earlier within 14 days of you providing us with proof that the goods have been sent back to us. If your order does not include goods that need to be returned to us, then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.
We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. Therefore you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.
Your rights to cancel the contract
In addition to your rights to cancel the contract during the cooling-off period set out in section 14, if any of the following circumstances apply, you have the right to cancel this contract immediately:
we have informed you that there was an error with the price or the description of the goods and/or services when you placed the order, and you now do not wish to proceed based on the correct price or description;
we have informed you that we need to make a major change to the goods and/or services (see section 6.3) and you do not want to proceed with the change;
there is a significant delay in providing the goods and/or services to you, because of circumstances that are not within our control (see section 8.2);
we have informed you that we need to suspend the supply of goods and/or services to you, for any of the reasons set out in section 9.1; or
you have some other legal right to cancel the contract because of something we have done.
If you do cancel the contract for any of the above reasons (section 15.1(a) to 15.1(e)) then we will provide you with a refund for any goods and/or services that you have paid for but we have not yet provided, or we may provide you with a refund for any goods and/or services which have not been properly provided to you. In certain circumstances you may also be entitled to further compensation.
If there is a fault with the goods and/or services that we have provided to you, please see section 12 of these terms and conditions.
If you are cancelling the contract for any other reason that is not set out in section 15.1 or section 14 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any goods and/or services that you have paid for but not yet received. However, we may make a reduction from the refund due to you; or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.
Our rights to cancel the contract
If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
you do not pay us on time;
you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 8.4);
you do not provide us with information that we have requested from you within a reasonable time (see section 11.1);
If we cancel the contract because you have not performed your obligations (including those examples listed in section 16.1), we will provide you with a refund for any goods and/or services for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs which we incur due to having to cancel the contract.
We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.
If you are dissatisfied with how we have handled your complaint, you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Model Cancellation Form (Distance Contracts)
The wording on this form is specified by the law. You should therefore only change those parts indicated.
To Kelly Kraus (Team Sikel), Tonbridge Road, Maidstone ME16 8NH email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate