TERMS & CONDITIONS
This website, found under the www.poshtottydesigns.com URL and references to ‘you’, and ‘your’ shall be deemed to be references to persons placing an order via the www.poshtottydesigns.com website, as well as for telephone or postal orders. These terms & conditions also cover our emails, newsletters, twitter, facebook and any other associated promotional activity.
When you place an order with us it will be deemed that you have read, understood and agreed to these Terms & Conditions. If you are unhappy with any part of these terms and conditions, you should contact one of our Customer Service team before placing an order with us either by phone or by emailing firstname.lastname@example.org or by post at the address given below.
By placing an order through our website you are making an offer to Posh Totty Designs Ltd. to purchase the goods outlined in your order upon the terms described in your order.
When you place an order, we will require your name, email address, credit/debit card, phone and address details. This information is required in order to process your request or inform you of acceptance of our order. A contact phone number is needed so that we can get in touch if there is a problem with your order. We may, unless you inform us otherwise, provide our couriers with your contact phone number in case they need to reach you to arrange the delivery of your order.
After placing an order online, we will provide you with confirmation that your order has been received but this is not confirmation that your offer to buy the items has been accepted. Our contract for the sale of our products will only exist once an order has been accepted, processed and despatched to you.
Please note that we will not be able to meet any obligations as a result of the following reasons:
• If the product you ordered is out of stock
• We are unable to authorise your payment
• If it is identified that there is a product description or pricing error
• If customers do not reach any order criteria outlined in the Terms & Conditions
• If our delivery companies are temporarily unable to deliver due to exceptional conditions that are beyond our control including hazardous weather and accidents.
Should there be an issue with your order, one of our Customer Services team will contact you either by phone or email. Please ensure that you check all items on receipt, as faulty or damaged items must be reported within eight working days of receiving the parcel.
Posh Totty Designs Ltd. reserve the right to reject any offer of purchase by you at any point. Please note that whilst we will make every effort and reasonable care to keep your order details and payment secure, we cannot be responsible for any loss you may suffer if a third party procures unauthorised access to any information that you supply when accessing or ordering from the Posh Totty Designs website.
When placing an order you will be added to our Newsletter mailing and email list. However should you wish to not receive mailings, please inform our Customer Services team and they will remove you from our list. You can remove yourself from the Email list by amending your email preferences via the link at the bottom of each email.
International Delivery is available on certain products. Delivery is charged in accordance with the size and destination address of the order as per the delivery cost at the time of order.
Website Product Pricing & Descriptions
Every product bought is sold subject to its product description which outlines any further specific conditions that relate to that product including, without restriction, terms and conditions that regarding approximate delivery dates/times, warranties, after-sales support and guarantees.
We undertake all reasonable care to ensure that all the details, prices and descriptions of products on our website are accurate at the time when they are either entered onto our system or printed. Whilst we endeavour to keep the website as up-to-date and accurate as is possible, there may be very rare occasions when the information on the website (including product descriptions) at a certain time may not reflect the position exactly at the point an order is placed. We do not give any warranty as to the accuracy or completeness of the information and cannot be responsible for any errors or omissions or for the results arising from the use of such information. Please note that we are unable to confirm the price of a product until your order is accepted in line with our order acceptance conditions. Please also note that as computer monitors/screens vary in nature and resolution, we cannot guarantee that your monitor’s representation of any colour will be completely accurate.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase; however this does not include the results of normal wear and tear.
If you are not happy with products you have chosen and received, you are entitled to cancel this contract if you so wish under the Distance Selling Regulations, provided you exercise your right no longer than eight working days after the day on which you receive the products (excluding made to order/personalised items). Please note however that we pride ourselves on our commitment to the highest levels of customer service and will consider every situation on a case by case basis, subject to the situation, after this period.
Returns Policy & Making Returns
In the unlikely event that a parcel arrives damaged or faulty please contact our Customer Services team on email@example.com t: 01273 757276 (Monday to Friday 9am to 5pm) or by email so we can arrange a replacement, exchange, or refund for you.
If you wish to return an item, with the exception of personalised products, we need to receive it back into our warehouse within twenty eight days of receipt for a refund or exchange. We ask that you please return the items where possible with their original packaging. This does not affect your statutory rights. As the goods are your responsibility until they reach our warehouse please ensure you package your return to prevent any damage to the items or boxes.
With the exception of faulty and damaged goods we are not responsible for the return postage and do advise that you obtain a certificate of postage in case the parcel fails to reach us.
If an item is returned to us outside of the twenty eight day time frame or is in a non re saleable condition a credit note will be issued at the discretion of Posh Totty Designs.
If you wish to cancel your order and return it to us (excluding personalised items), under the Distance Selling Regulations, you must let us know within eight working days of receiving your parcel. This can be done by calling our Customer Services team on 01273 757276 or via email at firstname.lastname@example.org. You will then need to return the whole order to us, at your own expense to us if you have already received it. Once we receive the whole order back we will issue a full refund. Please note this does not apply to the personalised items which cannot be returned unless faulty or damaged.
Please see above for information on our Returns Policy. With the exception of faulty items or goods damaged in transit, please note that we are not responsible for return postage.
Return using Royal Mail:
Posh Totty Designs Ltd, Unit 9, Level 5 (south), New England House, Brighton, BN1 4GH
We recommend that you obtain a Certificate of Posting in case for whatever reason the parcel(s) fails to reach us.
Please note that only one promotional offer can be used at any one time and any Promotion Codes are not valid in Sale periods or on Clearance items that have already been discounted.
Disclaimer & Limitations of Liability
Posh Totty Designs Ltd. does not look to exclude or limit liability for personal injury or death arising from its negligence or that of its employees, agents, members or directors or for any misrepresentation that is fraudulent.
To the utmost extent allowed by law and save as provided above, neither Posh Totty Designs nor any linked company shall be liable to you by reason of any representation, or any implied condition, guarantee, or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Posh Totty Designs or any of its employees, agents, members or directors or otherwise) for any indirect special or resultant loss or damage (including but not limited to loss of profit or loss of saving), expenses, costs, or other claims for compensation whatsoever which arise out of or in connection with the use of the Posh Totty Designs website, the supply of the products or their use of resale by you).
These limitations of liability, as outlined here, shall apply equally for the benefit of Posh Totty Designs Ltd and any other linked company as if references to Posh Totty Designs included references to each linked company.
Whilst we try and do everything reasonable to try and keep the information on this website up-to-date and correct, Posh Totty Designs do not give any warranty to its completeness or correctness and Posh Totty Designs cannot be held responsible for any omissions, errors or for any resulting implications from the use of this information.
Posh Totty Designs make all reasonable effort to ensure a reliable and fast service but we do not guarantee that you that your use of this website will be free from interruption or errors and cannot be held responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto computer systems.
In addition, Posh Totty Designs cannot be held responsible or liable for your use of any websites that are accessible from this website as we do not have any control or responsibility for these. Any such links should not be viewed as an endorsement or an affiliation with Posh Totty Designs.
Copyright & Trademark
All the content of the pages on the website (including pictures, logos, photographs, copy and other materials) represent the copyright or registered trademark of Posh Totty Designs or it’s technology providers or their respective owners. ALL RIGHTS RESERVED. The modification, copying, circulation, reproduction, or incorporation of into any other work of part of or all of content available on the Posh Totty Designs site is forbidden, with the exception of:
Copying, printing (solely one copy) or downloading extracts of the content of the website for the sole purpose of using the website in good faith for placing an order with Posh Totty Designs or for non-commercial purposes.
The complete liability of Posh Totty Designs under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Posh Totty Designs will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Posh Totty Designs may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific written permission of Posh Totty Designs.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
Territory and Law
The use of this website and these Terms and Conditions are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.
This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
Posh Totty Designs Ltd
Unit 9, Level 5 (south)
New England House
Telephone: 01273 757276
Registered in England and Wales No 07337215.
Registered office: Posh Totty Designs, 1 Bond Street Cottages, Brighton, BN1 1RP.
VAT Number: 903 7519 28.