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Terms & Conditions

Terms of Supply

Introduction

1.1

These are the terms and conditions of supply for www.chasing-fireflies.com (Site). The Site is operated by RH Smith & Son (Wigmakers) Ltd trading as Chasing Fireflies (we, us and are a limited company, registered in England. Our registered company number is 1179968, and our registered office is at Peckett Plaza, Gainsborough Business Caldicott Drive, Gainsborough, Lincolnshire DN21 1FJ. We are a member of the Giftware Association. Our VAT registration number is GB 129 5795 28.

1.2

Your purchase of any of the products offered on this Site (Products) is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of the Site itself is subject to our Website Terms of Use. Use of your personal information submitted to or via the Site is governed by our  privacy policy Privacy and Cookies Policy.

1.3

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have placed prior to the effective date of any such change.  These terms and conditions were last updated on 26 May 2017.

Ordering and availability

2.1

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct a errors in your order up until the point at which you submit your order by clicking the "Complete Payment" button on the checkout page.

2.2

After placing an order, you will receive an email acknowledging that your order has been received and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy Product(s). All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Complete Payment" button, you make a binding offer to accept and pay for the Product(s) in the event that your order is accepted. Once your order is accepted, you will be sent an email that confirms that the Product has been Dispatched (“Dispatch Confirmation”). The Contract between you us in relation to the Products ordered will be formed when we send the Dispatch Confirmation to the e-mail address you provided when you placed your order. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

2.3

The Contract will relate only to those Products whose Dispatch has been confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products that are not mentioned in the Dispatch Confirmation, even if they may have been part of your order, until the Dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

2.4

In the event that you provide us with any specification, design or other material ("Customer Material") in relation to a proposed bespoke order (i.e. an order for Products which are not available from stock but which, by special arrangement, we may (in our discretion) agree to supply following a specific request from you) ("Bespoke Order”) you are responsible for such Customer Material as submitted by you. You must not submit any Customer Material that:

  • infringes on the intellectual property rights or other rights of any third party, or is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent or offensive;
  • contains or distributes any viruses and/or other code that has contaminating or destructive elements; or
  • impersonates, or misrepresents an affiliation with, any person or entity.

2.5

By submitting any Customer Material, you confirm you have the right to do so and grant to us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify and adapt such Customer Material (in whole or part) and/or to incorporate it in other works in any form. 

Delivery or Collection

3.1

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Confirmation, unless there are exceptional circumstances obstructing delivery.  Your order will be delivered to the delivery address you specify when placing your order

3.2

You are responsible for making sure your delivery address is correct.If the delivery address is a business address, please ensure the business name is specified in the first address line. If your address is geographically remote, for example certain outlying islands or other isolated locations, it may not be possible to deliver ther the case, you will be notified before your order is accepted. Orders cannot be delivered to PO Box or similar addresses.

3.3

Products comprised within the same order cannot be delivered to different addresses.

3.4

Orders are delivered by courier, using your chosen delivery method and service that you indicated when you placed your order.  We are not responsible for the courier’s delivery schedule or hours of operation. It is not possible to specify a precise time at which a delivery will take place. Pleas the courier may require a delivery to be signed for.

Risk and title

4.1

Products ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Products ordered will also pass to you upon delivery, provided full payment of all sums due in respect of the Products, including any delivery charges, has been received.

Price and payment

5.1

The price of Products is as quoted on the Site from time to time.

5.2

Prices include sales tax but exclude delivery costs, which will be added (at the cost shown) to the total amount due, once you have selected your chosen delivery met service where prompted on the Site.

5.3

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which a Dispatch Confirmation has already been sent before the effective date of the price change.

5.4

The Site contains a large number of Products and it is always possible that, despite best efforts, some of the Products listed on the Site may be incorrectly priced.  We will normally verify prices as part of the Dispatch procedures so that, where a Product's correct price is less than the stated price, you will be charged the lower amount.  If a Product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before the Product is dispatched or reject your order and notify you of such rejection.

5.5

Payment for all orders must be made by credit or debit card on the checkout page. Most major credit and debit cards are accepted. Your credit or debit card will not be charged until your order is dispatched.

5.6 

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We will have no obligation to you if your credit card issuer declines your credit card issuer declines to authorize payment for any reason.  Please note too that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Consumer rights

 

6.1

Except in relation to certain Products set out below, you may cancel a Contract at any time before your order is delivered and up to 28 days afterwards, beginning day after your order (in its entirety) is delivered to you.

6.2

If you cancel, you will receive a full refund of the price paid for the Products in accordance with the refunds policy (see below).

6.3

To cancel a Contract, you must clearly inform us, preferably:

  • by email to customerservices@chasing-fireflies.com,giving us your name, address, e-mail address and order reference niumber; or
  • by completing our cancellation form available on the Site hereand e-mailing it to the address specified in that

6.4 

You must also return the Products within 28 days after the day on which you e-mailed your notice of cancellation, in the same condition in which you receive them, together will all the original packaging and tags. This does not affect your right to take reasonable steps to examine the Products, including taking them out of the packaging and trying on any item of clothing.

6.5

You have a legal obligation to take reasonable care of the Products while they are in your possession and until the deadline for their return has passed. If you fail to comply with this obligation and you return the Products not in the same condition in which you receive them (for example, they are returned stained, marked, torn or showing other signs of having been worn or otherwise used, and not merely tried on, then the cost of any such deterioration, up to the full purchase price of the Product, may be deducted from any refund to which you are otherwise entitled. This may mean you receive no refund at all.

6.6

You will not have any right to cancel a Contract for the supply of any Products that have been personalized or made to your own bespoke specifications (if such is offered), unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.

6.7

To return the Products, you should package the parcel securely (making sure you include a note of your name and address, enclosing any returns slip, if you have been provided with one) inside the parcel) and then return it, either by courier or by recorded delivery mail or other form of certified mail, to the following address: Smiffys.com Returns

Peckett Plaza Caldicott Drive Gainsborough Lincolnshire DN21 1FJ

6.8

You are advised to take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products. Unfortunately, Products cannot be returned to any store.

Refunds policy

7.1

If you cancel a Contract within the 28-day cooling-off period (see above), the refund due to you will be processed as soon as possible and, in any case, within 14 days after the day on which we receive the returned Products or, if earlier, the day on which you provide evidence that you have returned the Products to the returns address above). The full price of the Products will be refunded to you, subject to any deduction we are entitled to make due to your use of or damage to the Products including the cost of standard delivery. However, your cost of returning the Products will not be refunded.

7.2 

Refunds are made by authorizing a credit to the credit or debit card you originally used to pay for your purchase, unless agreed otherwise.

of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you should inform us as soon as possible, prefer writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

Damaged or faulty products

8.1

If any Product you order is damaged or defective when delivered to you, you may have one or more legal remedies available to you under the law of the jurisdiction in which you reside, depending on when you give us written notice of the damage or defect.  These rights may include repair or replacement of the Products, or reimbursement of the purchase price paid for them.  If you believe a Product was delivered to you in a damaged or defective condition, you should notify us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

Product information

9.1

Although reasonable steps have been taken to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

9.2

Any information on the Site regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order (see Contacting us).

Our liability

10.1

Nothing in these terms and conditions shall limit or exclude our liability to you for any liability that may not, under applicable law, be limited or excluded as between a retailer and a consumer.

10.2

Subject to the preceding paragraph 10.1, in no event shall we be liable to you for any lost profit or other business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable if, at the time the corresponding Dispatch Notice was issued, you and we should in the exercise of reasonable judgment have anticipated them.

10.3

We will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under any Contract that is caused by events outside of our reasonable control, provided that nothing in this clause 10.3 shall in any way restrict your remedial rights under applicable consumer protection legislation.

Disputes

11.1

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Product(s), our service to you; or any other matter, please contact us as soon as possible.  If you and we cannot resolve a dispute using out internal complaint handling procedure, we will:

  • let you know we cannot settle the dispute with you, and
  • give you certain information required by law about our alternative dispute resolution (ADR) You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. Subjective to any contrary rule of applicable law, all disputes hereunder are subject to mandatory binding arbitration before a single arbitrator appointed under the American Arbitration Association.  The venue of arbitration shall be the capital city of the state, territory or province in which you reside, and the laws of your jurisdiction of residence shall govern the arbitration.  Discovery shall be limited to the minimum that the arbitrator deems necessary for a fair adjudication of the dispute.  Judgment may be entered upon the arbitrator’s award by any court having jurisdiction.

11.2     

To the greatest extent consistent with consumer protection legislation  of your jurisdiction of residence,  any contract formed as contemplated by these Terms and Conditions   shall be governed by the laws of England, without reference to the conflicts of laws provisions thereof.

General

12.1

You may not transfer or assign any or all of your rights or obligations under any Contract.

12.2

All notices given by you must be given by e-mail to the e-mail address set out at the end of these terms and conditions. We may give notice to you at either the email o address you provide when placing an order.

12.3

If we do not take action to enforce any of our rights under a Contract or arising at law or in equity, that does not result in a waiver of any such rights.

 12.4

If any provision of these terms and conditions is found to be unenforceable, that provision shall be severed herefrom and all other provisions shall remain in full force and effect..

12.5

These terms and conditions may not be modified except with our express written consent.

12.6

These terms and conditions and any documents expressly referred to in them, including for avoidance of doubt but without limitation our Website Terms of Use and our Privacy Policy,  represent the entire agreement between you and us in relation to the subject matter of each Contract. Contracts may be concluded in the English language only and no public filing requirements apply.

Contacting us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to customerservices@chasing-fireflies.com or write to us at:

Chasing Fireflies 605 E Water Street Borden IN 47106

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