1. Definitions and Interpretation
“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Agent” means Our Wee Makers acting on a Seller’s behalf;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Contract” means a contract for the purchase and sale of Goods;
“Goods” means the goods sold by us on behalf of Sellers through Our Site;
“Order” means your order for Goods;
“Seller” means a person, including but not limited to, artists, crafters and makers, whose products We sell on their behalf;
“User” means a user of Our Site;
“User Content” means any content submitted to Our Site by Users including, but not limited to, product reviews; and
“We/Us/Our” means Our Wee Makers, the owners of www.ourweemakers.co.uk.
2. Information About Us
2.1 Our Site, www.ourweemakers.co.uk is owned and operated by Our Wee Makers, a company registered as a sole trader in Northern Ireland, whose registered address is 2 Deanfield, Bangor, Co. Down, BT19 6NX.
2.2 We act as an Agent for Sellers.
2.3 Our Site is an online marketplace. All purchases made through Our Site are delivered by the Seller.
2.4 We do not handle any products.
2.5 We will process refunds and payments as per our Returns policy.
2.6 We retain the right to terminate the service for any reason, at any time, without notice.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 You must be 18 years or older to make a purchase on Our Site.
3.3 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.4 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 If you choose to create an Account on Our Site, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date. Check all information before making a purchase.
4.2 You may not create an Account if you are under 18 years of age.
4.3 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at email@example.com. We will not be liable for any unauthorised use of your Account.
4.4 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.5 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 28.
4.6 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information from Our systems. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.7 If you close your Account, any reviews you have created on Our Site will be anonymised by removing your user name.
5. Intellectual Property Rights and Copyright Notice
5.1 This website contains material which is owned by us. This material includes but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 All trademarks reproduced on this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
5.3 Subject to sub-Clause 5.4 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.4 You may:
5.4.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.4.2 Download Our Site (or any part of it) for caching;
5.4.3 Print one copy of any page from Our Site;
5.4.4 Download extracts from pages on Our Site; and
5.4.5 Save pages from Our Site for later and/or offline viewing.
5.4.6 You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
5.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.6 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
6. User Content
6.1 User Content on Our Site includes (but is not necessarily limited to) product reviews.
6.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
6.6 If you wish to remove User Content from Our Site, the User Content in question will be anonymised by removing your name. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7. Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may link to any page of Our Site.
7.3 You may not link to Our Site from any other site the main content of which contains material that:
7.3.1 is sexually explicit;
7.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.3.3 promotes violence;
7.3.4 promotes or assists in any form of unlawful activity;
7.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.3.7 is calculated or is otherwise likely to deceive another person;
7.3.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.3.9 implies any form of affiliation with Us where none exists; or
7.3.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party.
8. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for information purposes only.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information.
9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
10. Our Liability
10.1 The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale.
10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10.6 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
11. Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 You must not use our site to communicate or do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or is otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.9 implies any form of affiliation with Us where none exists;
12.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3 We reserve the right to suspend or terminate your access to Our Site and remove any content from Our Site.
TERMS OF SALE
13. Purchasing Products and/or Services
13.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
13.2 All transactions on Our Site are handled through a secure third party payment provider.
13.3 We do not hold stock or handle products.
13.4 When making a purchase from Our Site, you agree that you have read the description of the product and you understand and agree to any policies that are stated to apply by the seller.
13.5 An order is only accepted by the Seller when we issue a confirmation email of your order.
13.6 You agree to pay for the item(s) purchased in full and on time, using one of the accepted methods on our website.
13.7 You agree to provide complete and accurate delivery details.
13.8 You understand that different Sellers may offer different delivery methods and you agree that if you purchase more than one item from different Sellers, the items may be subject to more than one delivery charge.
13.9 We reserve the right to refuse any order your place with us.
13.10 We reserve the right to limit or disallow orders that, in our judgement, appear to be placed by resellers or distributors.
13.11 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
13.12 We cannot guarantee that Goods will always be available.
13.13 We have made every effort to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately and that the colours and images of products that appear on our site are displayed as accurately as possible. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
13.14 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
13.15 In the unlikely event that We have shown incorrect pricing information, We will contact you by email to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the higher price or cancel your order. We will not proceed with processing your Order in this case until you respond. If we do not receive a response within 72 hours, we will treat your Order as cancelled and notify you of this in writing.
13.16 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing your Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
14. Orders – Contracts
14.1 Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure you have checked your Order carefully before submitting.
14.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
14.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
15. Payment Methods
15.1 All payments on Our Site may only be made through the payment methods we make available.
15.2 In processing your payments related to the purchase of items from Sellers, we act in the capacity as the commercial agent of the seller. In respect of all payment methods, the Seller acknowledges and agrees that payment by you to Us for an item from the Seller, will satisfy your obligation to pay the Seller for the relevant product. We will not make any of your payment details available to the Sellers for any reason, or at any time.
15.3 All prices are shown in the applicable currency payable in that country. You accept that some banks may charge you an additional fee for certain transactions, for example, international transactions.
16.1 All Goods purchased through Our Site will be delivered by the Seller, normally within 30 days after the date of Our Order Confirmation. If an item is made to order, personalised or customised, a longer dispatch date may be necessary.
16.2 Delivery costs will be made clear before you place your order. Delivery charges may vary between sellers and will be determined by the size and weight of the item. If you wish to purchase multiple items from different Sellers, you will need to carry out different transactions. Many items will cost no more than £3.80 to ship and some sellers offer free delivery.
16.3 Due to the Covoid-19 pandemic, items may take longer than usual to arrive. Our sellers and the delivery companies they work with are doing all they can to ensure delivery dates are met, however there may be occasions out with our control when items arrive late.
17. Returns and Refunds Policy
17.1 If there is a problem with your order, please contact Our Wee Makers by email at firstname.lastname@example.org no later than 14 days from the day on which you receive your order. We will then send you the information required to return the item to the Seller. To be eligible for a return, your item must be unused and in the same condition in which you received it. It should also be returned to the Seller in the original packaging and you must have proof of purchase.
17.2 You will be responsible for paying for delivery costs of a returned product. We strongly advise you obtain proof of postage and send the item using a trackable service. Delivery costs will only be reimbursed in the case of a faulty product.
17.3 Some items including earrings, face masks, skincare products, made to order, perishable items and gift cards are not eligible for returns and refunds unless they are faulty. Sale items cannot be refunded.
17.4 If your item was a gift, We will credit you with a gift card once the item has been returned to the Seller and accepted.
17.5 If 14 days have passed since your purchase, unfortunately We cannot offer you a refund or exchange.
17.6 Once your return is received and inspected, We will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 30 days.
18. Exchanges and Faulty Goods
18.1 We only replace items if they are defective or damaged. If you require an exchange, please contact us at email@example.com detailing the reason for the exchange request.
18.2 Sellers must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase. If any Goods you have purchased do not comply and, have faults or are damaged when you receive them, please contact as soon as possible to inform Us of the fault. The options available will be:
18.2.1 Beginning on the day you receive the Goods, you have a 30 day right to reject the Goods and to receive a full refund if they do not conform as stated above.
18.2.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
18.2.3.If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
18.2.4 If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
18.3 Please note that you will not be eligible to claim under this Clause 18 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 18 merely because you have changed your mind. If you are a consumer, you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 19 for more details.
18.4 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
19. Your rights
19.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order, customised or personalised goods). The cancellation period will expire after 14 days from the day on which you acquire physical possession of the goods.
19.2 To cancel your order, you must inform us of your decision by a clear statement via email at firstname.lastname@example.org.
19.3 If you have received the product(s) before you cancel your contract, then you must send the goods back at your own cost and risk. Once we have been notified that you are cancelling your contract and we have received the product back, we will refund the cost of the item to the card used to make the purchase.
19.4 Please ensure you return the Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel.
19.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods.
19.6 We will make the reimbursement using the same means of payment as you used for the initial transaction.
19.7 Please note you may lose your legal right to cancel under this Clause 17 in the following circumstances:
19.7.1 The Goods are sealed for health and hygiene reasons and you have unsealed those Goods.
19.7.2 If the Goods are likely to deteriorate quickly, for example flowers or food.
19.7.3 If the Goods have been personalised or custom-made for you.
20 Events outside of our Control
We will not be liable for any failure or delay in performing Our obligations where the failure or delay results from any case that is beyond Our reasonable control.
21 Cancellation by Us
We reserve the right not to process your order if a seller has insufficient stock to deliver the goods you have ordered. If we do not process your order, we will notify you by email and will refund to your account any sum deducted by us from your credit or debit card as soon as possible.
22. Taxes and duties
22.1 Where any tax, for example VAT, forms a part of the price of any item on Our Site, the tax must be included in the price of the item.
22.2 If a Seller is VAT registered, they may be required to charge VAT on the items they sell on Our Site.
22.3 It is the responsibility of Sellers to pay taxes on any sales made through Our Site.
22.4 Buyers are responsible for any customs and import taxes that may apply. Our Wee Makers is not responsible for delays due to customs.
23. Privacy and Cookies
25. Other important terms
We may transfer Our obligations and rights under these Terms of Sale to a third party, for example if we sell our business. If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
26. Contacting Us
To contact Us, please email Us at hello@Ourweemakers.co.uk or using the method provided on Our contact us page .
27. Communications from Us
27.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to seven business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
27.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com or via Our contact us page.
28. Data Protection
28.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
29. Law and Jurisdiction
29.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Northern Ireland.
29.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 29.1 above takes away or reduces your rights as a consumer to rely on those provisions.
29.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.