Our terms & conditions
These terms and conditions (“Terms”) apply to the sale of all goods online in the business to consumer sector between The Unthanks (trading as ‘The Unthanks’) and whose principal place of business is at Town Head, Main Street, Acomb, NE46 4PL, United Kingdom. (“We/Us”) and any visitors (“You”) to the website www.the-unthanks.com (“Site”). For all pre- and post-sale enquiries, please contact mail@the-unthanks.com.
No contract shall exist between You and Us for the sale of any goods until We accept your order by email, confirming receipt and acceptance of the order.
By placing an order for any goods with age restrictions, You declare that you are age 18 or over in order to purchase the goods.
The price, delivery charges and description of the goods are displayed on our website. Such information is subject to change without notice. The price You shall pay for the goods is the price displayed on our website at the time We receive your order, with the exception of errors (see below). The price of the goods is displayed inclusive of VAT. You may choose to pay by any method specified on our website.
If an error is discovered in the price of the goods that you have ordered, We will inform You as soon as possible. In the event that You order an item and the price published on the website is incorrect for any reason, We will contact you to let You know the correct price and ask You whether You still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give You the option of confirming the order at the correct price or if You so choose, to cancel the order altogether. If You cancel and have already paid for the goods in the circumstances described in this clause, We shall refund the full amount in accordance with these Terms.
You shall be required to pay an additional charge for delivery, the amount of which shall vary according to the particular goods and the delivery method that you choose. The type of charge payable will appear on the Site.
Availability
All goods are subject to availability.
If we have insufficient stock to deliver the goods ordered by you, we will inform you of this as soon as possible
Delivery
Delivery will be made as soon as possible after your order has been accepted in line with our delivery policy. If We are unable to deliver the goods within 30 days of your order, We will inform you as soon as possible and You will be entitled to cancel the order. We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery. The standard delivery times do not apply to pre-orders for a new release which may incur a longer delivery time which will be stated clearly on the website at the purchase point.
We will deliver the goods ordered by You to the address given by You for delivery at the time You place the order. Unless a tracked-service is used, We do no accept responsibility for the parcel once it is with the carrier.
We will bear the risk of the goods delivered to you whilst in transit. Risk of loss of or damage to the goods passes to You on delivery, whether or not the price has been paid and You will be liable for their loss or destruction.
If the goods have been fully paid for, You will become the owner of the goods when they have been delivered to You.
Right to Cancel
You may cancel an order for goods for any reason within 14 working days, beginning with the day after the day on which You received the goods.
If You cancel an order within this timeframe, You must notify us in writing at the email address given above.
When returning goods, it is your responsibility to take reasonable care to see that the goods are not damaged in transit and are received by Us at our address as displayed on the Site.
We shall provide a full refund for goods returned in accordance with these Terms and paid for by You, free of charge (subject to a deduction of the delivery charge for the initial delivery of the goods to you), as soon as possible and in any event within a period not exceeding 30 days, beginning with the day on which the notice of cancellation is given by You. Any other refund not satisfying the above conditions will be made at our discretion only. Your statutory rights are not affected.
You shall be under a duty throughout the period prior to cancellation to retain possession of the goods and to take reasonable care of them until you return them to us.
No right to cancel applies to audio or video recordings if they are unsealed by You.
Force Majeure
We shall not be liable to You for any failure to deliver the goods that have been ordered by You or any delay, damage or defect to the goods delivered which is caused by any event or circumstance beyond our reasonable control.
Governing Law
English law applies to these terms and conditions and any sale of goods to which they apply and you agree to submit to the exclusive jurisdiction of the English courts in all matters arising from these Terms.
Privacy Policy
Any personal data which you may provide us through the Site is subject to our Privacy Policy.
Dealings with Third Parties
The Site may provide, or third parties may provide, links to other web sites or resources, together with promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse, make any warranties about, and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources.
Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
Placing an Order
All purchases made on the Site are subject to the following terms and conditions:
1. Ordering
1.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
1.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
1.3 We may refuse to accept an order:
- where goods are not available;
- Where we cannot obtain authorisation for your payment;
- If there has been a pricing or product description error; or
- If you do not meet any eligibility criteria set out in our terms and conditions.
If the details inn the email confirming your order are not correct, or if you are not satisfied with the details in the email, please contact us at mail@the-unthanks.com
Where we accept the order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
2. Price and Delivery Costs
2.1 Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
2.2 Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price.
2.3 If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
2.4 Where the correct price of the goods is less than our stated price, we may (at our discrtions) continue with your oder and charge the lower amount on dispatch.
2.5 Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs.
3. Availability and Delivery
3.1 Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site.
3.2 All order are subject to availability at all times.
3.3 We deliver all items available on the store worldwide.
3.4 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.
3.5 Delivery will be made according to the information on the product pages after your order is accepted.
3.6 We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order (unless the item(s) you have ordered are part of a pre-order, please see 3.7).
3.7 If the item(s) you have ordered are part of a pre-order campaign, we will aim to ship your items to be received as close to the release date as possible. Pre-order campaign items will be indicated on the product detail page.
3.8 In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, stock issues from our manufacturers) we may not be able to deliver the goods within these timelscaes and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a deliver does not take place, we will ship these items at the soonest available opportunity.
3.9 We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office our courier company as applicable to arrange the collection or delivery or products that could not be delivered because you were unavailable.
4. Payment
4.1 We must receive payment in advance before your order can be processed and the goods can be dispatched.
4.2 Payment for goods can be made by one of the following payment methods:
a) debit card
b) credit card
c) Paypal
Intellectual Property Rights
The Site and its content (including but not limited to, character design, text, software, music, lyrics, sound, photographs, graphics, video, page layouts and design) are protected by intellectual property rights, including copyright, except as expressly authorised in writing by us or relevant third parties, either separately or pursuant to these Terms, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, or of any Site property received by You as part of an order, in whole or in part. Any copying of content on the Site made in accordance with these Terms must include the copyright or trade mark notice published with it. All rights not granted or licensed pursuant to the terms of this Agreement are hereby expressly reserved to Us.
Limitation of Liability
So far as permitted by law, and except in respect of death or personal injury arising from our negligence or any fraudulent misstatement by Us, We exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information appearing on it).
We shall not under any circumstances be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if we or a representative of ours has been advised of the possibility of such damages.
General Information
These Terms constitute the entire agreement between You and Us/We.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any part of these Terms is found to be invalid by any court having competent jurisdiction the validity of the remaining Terms will be unaffected. If either party does not exercise any right or remedy under these Terms, this will not be taken to mean that they have been waived.
These Terms and the relationship between you and us shall be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction over any dispute arising. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
We reserve the right to vary these Terms from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.
We will only use any personal data collected during your use of the Site in accordance with current UK data protection legislation. Please look at our Privacy Policy to find out what we propose to do with your data and your chosen preferences.
Privacy
We are committed to handling and storing personal information in compliance with the terms of the General Data Protection Regulation (GDPR). These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
- For the purposes of these Terms and Conditions:
1.1 ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
1.2 ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
1.3 ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR. - We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
3.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
3.2 we will only Process Personal Data for the purposes identified;
3.3 we will respect your rights in relation to your Personal Data; and
3.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact us at mail@the-unthanks.com
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