Website use terms of service
These Terms of Service (“Terms”) govern your access to and use of the content on the rethinkthings website including any information, text, graphics, or other materials uploaded to our blog or downloaded or copied from the internal pages(collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, and for reading and interpreting all information given in content and in downloads related to the rethinkthings product range, our opportunities and our terms of sale and loan. Any content you read, or view will be correct at the time of posting and may require updating (you should contact us to check). Anything you submit to us may be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. The products, services and opportunities that rethinkthings offers are always evolving and these may change from time to time without prior notice to you (contact us for current information).
You retain your rights to any content you send through the Services. By submitting or emailing to us, posting on our social media or other through the services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed). Unless an NDA has been discussed or other terms beforehand.
All right, title, and interest in and to the content and services offered are and will remain the exclusive property of rethinkthings as the exclusive license holder or joint developer of imagery and products licensed into the company by its associated designers and collaborators. rethinkthings and some of its products and brand names are protected by copyright, registered design rights, trademarks, and patent applications in both the United States and the UK. Nothing in the Terms gives you a right to use the rethinkthings trademark or the name of any product or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding rethinkthings and its products, or the services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Retail customers should visit our Etsy site to purchase goods individually. Trade customers can browse our store, and add any items that you wish to buy into the shopping cart. after you have finished your selection, click on 'checkout' and you will be asked for a few details that we need to be able to complete the order.
We accept orders by invoice (you can email us or we will email your invoice to you after ordering online, your payment can be made by bank transfer), orders by phone (just call us on +441515384592 for an order to be processed via credit and debit card) and also orders online, where payment can be made via paypal checkout (this can be used even where you do not have a business paypal account simply by entering your card details through their secure server.
When confirmation of order is received, this is to indicate that we have received your order. it does not indicate that a contract exists between us. we will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for any reason, in the case of a change of price, we will always contact you first to ensure that the price is acceptable. We can also back order your items, if they are not in stock, you will always be emailed with the option to cancel your order if you would rather not wait.
Trade terms of purchase
The Seller shall supply the Goods to the Buyer on the terms and subject to the conditions set out in this agreement. The Seller may make changes in the specifications of the Goods to comply with safety or statutory requirements provided that they do not materially affect the quality or fitness for purpose of the Goods. If the Seller prepares any of the Goods according to the specifications or instructions of the Buyer, the Buyer must ensure that such specification or instructions are accurate and the Goods manufactured in accordance therewith are fit for the purpose intended by the Buyer. We do not refund on custom orders.
Trade delivery terms
UK - Free delivery on all orders over £250 to any UK address. Where orders are placed online, delivery costs are calculated by weight of the items in the basket and charged accordingly.
Where orders are placed by phone, email or catalogue a standard delivery charge of £8.50 is applied (all trade orders must meet the minimum order value of £150). Where heavier or larger items are included in the order (mugs, prints, cushions, coathooks, birdfeeders, shelves, lights) the delivery value will increase to up to (£15 depending upon size and weight) this will be added onto your invoice unless agreed in advance.
EU / ROW - Please contact us for lead times and costs before ordering. If you go ahead without doing this you will be charged at the web rate calculated on weight of goods in the basket, if you contact us prior, we will quote you delivery at cost price from one of our couriers. All prices quoted do not include additional duties and taxes. All shipments are insured up to a value of £50 unless a higher amount is agreed an paid for in advance. It is the buyers responsibility to ensure that items are insured during shipment.
Trade lead times
UK – our standard lead time is shipping within 7-14 days, this can sometimes be much sooner (3-5 days) and very much depends on stock availability at time of ordering, if you need your items sooner, best to call us or email first to check. firstname.lastname@example.org
Export – Same terms as above, though additional time must be allowed for products to travel overseas.
Busy periods – Our busiest period is Nov-Dec, please allow extra time if ordering during this period.
All in-stock items ordered before noon will normally be dispatched within five working days. We do not normally deliver at the weekend. Please inform us if you have a preferred delivery date or special requirement and we will attempt to meet your needs. We will confirm receipt of your orders dispatch by email.
We currently dispatch retail orders using Royal Mail second class service (see our Etsy site for more details)
Retail lead times
United Kingdom: 3-5 business days
North America: 7-10 business days
Europe: 5-7 business days
Australia, New Zealand and Oceania: 7-10 business days
All prices are quoted on our site as trade prices (VAT not currently applicable) and are stated without the cost of transportation which will be added to checkout or invoice. Our Etsy site quotes the retails prices for individual purchases. To access trade pricing you must be an approved retailer or other wholesale purchaser of design led goods.
The price of the Goods are set out as discussed ('the Price'). The Price is exclusive of the cost of delivery. No VAT is payable to us on these prices and RRP includes VAT payable by you
The Buyer shall pay the Price set out in the invoice (if not purchased via immediate checkout online) which can be pre sent by email at the buyers request and any costs of delivery within 14 days of the Seller's invoice (the 'due date'). Time for payment shall be of the essence.
The Seller shall not be bound to deliver the Goods until the Buyer has paid for them in full.
If any sum payable under this agreement is not paid when due, interest shall be payable and calculated on a daily basis and compounded quarterly from the due date until payment at a rate of 6.00% above the base rate of Barclays Bank plc in force from time to time and shall accrue at such a rate after as well as before any judgment.
At any time before delivery the Seller may, by written notice to the Buyer, increase the price of the Goods to reflect any increase in the cost to itself provided this is due to factors which (a) are beyond its reasonable control and (b) occur after this agreement. In these circumstances the Buyer shall be entitled to cancel this agreement by notice to the Seller in writing within 20 days of any such notice from the Seller but if the Buyer does not do so the increased price, as notified, shall be payable by the Buyer.
The Seller may, by giving written notice, cancel this agreement at any time before the Goods are delivered, provided that the Seller promptly repays any sums, which the Buyer may have paid in respect of the Price or any applicable VAT payable on the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
The Seller shall deliver the Goods (or arrange for their delivery)
The Buyer shall inspect the Goods on delivery and shall within 7 days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with this agreement and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with this agreement. Notwithstanding the Sale of Goods Act 1979 Section 35A(1), acceptance of some of the Goods by the Buyer, whether conforming to this agreement or not, shall, at the Seller’s election, deprive the Buyer of the right to reject the rest of the Goods, whether they conform to this agreement or not.
If the Buyer properly rejects any of the Goods which are not in accordance with this agreement the Buyer shall nonetheless pay the full Price for such Goods unless the Buyer promptly gives notice of rejection to the Seller and at the Buyer’s cost returns such Goods to the Seller within 7 days
The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
If you are not entirely happy with your purchase you should notify us within 7 days and can return it to us unused in its original packaging within a further 3 days for an exchange or refund. All goods returned must be as new and the responsibility for the return delivery costs lie with the customer. Upon return the goods will be inspected and a refund made within 30 days.
rethinkthings can accept payment via paypal, cheque, online checkout phone or direct bank transfer, please indicate your preferred method of payment when ordering. Online checkout will take you to a secure page. Your credit card details are only used for this transaction and will not be stored.
Please report any damages or non-delivery immediately - no complaints for transit damage can be considered unless made in writing within 7 days of receipt of goods. This will be taken up with the courier.
Faulty goods, warranties and liabilities
Subject to conditions and provided the total price has been paid by the due date for payment, rethinkthings ltd warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship. rethinkthings ltd will (at its own choice) either replace, repair, or give credit for goods found to be faulty within rethinkthings warranty period relevant to Goods of that type. Unless otherwise stated the standard warranty period for all goods supplied by rethinkthings ltd will be 12 months from the date of purchase. rethinkthings ltd will endeavour to ensure that all goods supplied are safe and compliant with any relevant standards with regard to the specific intended and stated use for the goods. rethinkthings ltd cannot be held responsible for defects arising from misuse or mishandling of goods. Any fault or damage to the goods supplied should be reported to rethinkthings ltd immediately, failure to do so may affect the warranty. The customer will indemnify and keep indemnified rethinkthings ltd against all claims, proceedings, costs and expenses in connection with any third party claim based upon any allegation that the safety of the goods (or materials or components comprised within the goods or any goods in which the goods are incorporated) is not such as persons are generally entitled to expect, save where such deficiency in their safety was present at the time the goods were dispatched to the customer or its agents by rethinkthings ltd or its agents.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by rethinkthings of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TITLE AND RISK
The Goods shall be at the Buyer’s risk from the time of delivery or, if earlier, the time at which the Goods are consigned by the Seller to a courier or posted.
Irrespective of whether or not delivery shall have been made, title to and property in the Goods shall not pass to the Buyer until the full Price and any applicable VAT has been paid and no other sums whatever (whether in terms of this agreement or otherwise) shall be due from the Buyer to the Seller.
Until the Buyer has acquired title in accordance with the foregoing provision the Buyer shall hold the Goods in a fiduciary capacity and as bailee for the Seller, shall store the Goods, at the Buyer’s own expense, separately and apart from all other Goods in the Buyer’s possession and so marked as to be clearly and legibly identified as the Seller’s property, and shall keep the Goods insured against all risks to the Seller’s reasonable satisfaction and shall whenever requested by the Seller produce a copy of the policy of insurance and shall not deposit, assign, charge or pledge by way of security for any indebtedness any of the Goods which are the Seller’s property. If the Buyer does not do so, then without prejudice to the Seller’s other rights, all sums whatever owed by the Buyer to the Seller, shall immediately become due and payable.
Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money.
Until such time as title to and property in the Goods has passed, the Buyer shall upon request deliver to the Seller any Goods within the Buyer’s possession or control.
If the Buyer fails to do so, the Seller shall be entitled to enter upon any premises under the Buyer’s occupation, ownership or control where the Goods are situated and then and there repossess them.
Whilst the Buyer owes any money to the Seller, the Seller shall have a lien over any property of the Buyer which is in the Seller’s possession.
All terms, conditions, warranties and representations (whether implied or made expressly) whether by the Seller, its servants or agents, or otherwise relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded to the fullest extent permitted by law.
LIMITATION OF LIABILITY
The following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
any breach of this agreement;
any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement
No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of the Agreement, where such representations were made or given in relation to:
the correspondence of the Goods with any description;
the quality of the Goods; or
the fitness of the Goods for any purpose whatsoever.
No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of the Agreement where such term relates in any way to:
the correspondence of the Goods with any description;
the quality of the Goods; or
the fitness of the Goods for any purpose whatsoever.
The Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the Price.
In no event shall the Seller be liable to the Buyer for any loss of business, loss of opportunity, loss of profits, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of contract, loss of use, loss or corruption of data or information or for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses whatsoever (howsoever caused) which arise out of or in connection with this agreement. This shall apply even where such a loss was reasonably foreseeable or the Seller had been made aware of the possibility of the Buyer incurring such a loss.
Nothing in the Agreement shall exclude or limit the Seller’s liability for death or personal injury resulting from the Seller’s negligence or that of its employees, agents or sub-contractors.
All sums outstanding and/or payable in relation to the Goods shall become payable forthwith if the Buyer fails to make payment for any of the Goods in due compliance with the terms of this agreement or if the Buyer commits any other breach of the terms of this agreement, or if any distress or execution is levied upon any of the Buyer’s Goods or other assets, or if the Buyer offers to make any arrangement with its creditors or is unable to pay its debts as they fall due or is the subject of any resolution or petition for winding up on the grounds of insolvency, or if a receiver, administrator, administrative receiver or manager is appointed over part or all of the Buyer’s business or assets, or if the Buyer is the subject of foreign proceedings, action or process of law similar in kind to the foregoing. Upon the occurrence of any such event the Seller may also, without prejudice to any other rights which it may have and in its absolute discretion, suspend all future deliveries to the Buyer, or terminate this agreement without liability on its part.
The Seller shall not be liable to the Buyer for any failure to perform its obligations hereunder which arises as a result of any strike, industrial action or lock-out, or any act of God, terrorist act, fire, flood, drought, extreme weather conditions, war, armed insurrection, civil disturbance, malicious damage, compliance with any law or governmental order, rule, regulation or direction or other event beyond its reasonable control, but in such event it shall notify the Buyer in writing as soon as is reasonably practicable following becoming aware of any such circumstance and giving details of the said circumstance in the notice.
SEVERABILITY AND VARIATION
If any term or provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.
Any variation of the terms of this agreement shall only be binding if recorded in writing and signed for and on behalf of the Buyer and the Seller.
Any notice in writing required by these terms to be given to the Seller shall be deemed duly given if sent by recorded delivery or ordinary first class post to Studio 1, Ward Street, Liverpool L3 5XX. In the case of notice to the Buyer, which shall be deemed to suffice if given in like manner, the relevant address for service is the address set out in the attached order form.
This agreement shall be governed and interpreted in accordance with the law of England and Wales the courts of which shall have exclusive jurisdiction.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of rethinkthings to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. In the event that any provision of these terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These terms and any action related thereto will be governed by the laws of England and Wales without regard to or application of its conflict of law provisions or your state or country of residence.
These terms, are the entire and exclusive agreement between rethinkthings and you when contacting us or using our website, content, services or products in whatever capacity. We may revise these Terms from time to time.
If you have any queries regarding these terms, your rights as a customer or your order please contact us on (UK+44) 07974186677 or email@example.com