Any agreement between you and Qmerch Ltd. - Trading as Qmerch is made on these Terms and Conditions to the exclusion of all other terms and conditions.
1.1 In this Agreement we are Qmerch Ltd. - Trading as Qmerch
1.2 You are the person detailed on the Register on the Website.
1.3 Goods means the items detailed on the Order Form or any alternative items supplied to you pursuant to clause 6.1.2 or clause 7, returns and exchanges.
1.4 Order means your offer to purchase Goods from Qmerch Ltd. - Trading as Qmerch.
1.5 Order Form means the form completed by you online when you Order the Goods (referred to on the Website as "Shopping Cart").
1.6 Website means www.qmerch.co.uk.
2.1 Browse the Website and select your chosen Goods.
2.2 Complete the Order Form in full and follow the instructions detailed on the Website.
2.3 After completing and submitting the Order Form, you will receive an e-mail confirming your order, with an order number on it. No agreement exists between you and Qmerch Ltd. - Trading as Qmerch until you receive this e-mail. At any stage before submitting the Order you may click back through the screens and amend any details you have inputted and/or choose not to continue with the Order.
3.1 The price of the Goods shall be the price, in pounds sterling, quoted by Qmerch on the Website next to the illustration/description of the Goods. In the event of a discrepancy, the price displayed on the Order Form shall prevail.
3.2 The price is exclusive of any postage and packaging costs. Delivery charges shall be as set out in the Website and will vary depending on whether the Goods are to be sent to an address within the UK, outside of the UK but within the EU or outside of the EU.
3.3 Qmerch Ltd. - Trading as Qmerch reserves the right to increase prices of any item displayed for sale on the Website and/or delivery charges from time to time. However, where the price of Goods and/or delivery charges changes between Order and delivery, Quirky House will honour the lower price and/or charge.
3.4 The price is exclusive of any VAT payable in the United Kingdom.
4.1 The amount payable by you shall be the total price of the Goods and the applicable delivery charges as set out at clause 3.2. The total amount payable by you in respect of the Goods and delivery of them will be shown to you before you submit the Order. The acknowledgement of Order e-mail set out at clause 2.3 will display your order number.
4.2 Payment can be made by You can pay by any Visa, MasterCard, American Express or JCB credit card, by Switch/Maestro, Solo, Visa Electron or Visa Delta/Debit card (UK based versions of these 2 cards accepted only), using Paypal or by cheque (in pound sterling). Payment will be processed on the first working day after receipt of your acknowledgement of order email, as described in 3.2
Where an Order is accepted, it will be processed and clauses 5.1 and 5.2 shall apply;
5.1 If the Goods are in stock, they will be despatched and delivered to the address provided in the Order Form. The following delivery times shall apply in respect of any Order for Goods that is accepted by Qmerch Ltd. - Trading as Qmerch:
• UK - 5 working days from date of email described in clause 2.3
• Outside of UK but within Europe - 10 working days from date of email described in clause 2.3
• Outside of Europe - 15 working days from date of email described in clause 2.3
Qmerch cannot be held responsible if the delivery address provided by you is incorrect.
5.2 Qmerch will use reasonable endeavours to ensure that delivery takes place within the time specified in clause 5.1 and that the items displayed on the Website are in stock. However, you acknowledge that the time for delivery specified in clause 5.1 is an estimate.
6.1 If the Goods have not been delivered to you 5 days after the latest date for delivery to your address as set out in clause 5.1 you should contact Qmerch at email@example.com or call 0800 567 7010 (UK). You will then be given the option of;
6.1.1 cancelling your Order. We will then refund the price you paid in accordance with the Refunds and Exchange Policy; or
6.1.2 choosing alternative items displayed on the Website up to the same value of the Goods or allowing Qmerch to send you further Goods or a suitable alternative item of the same value of the Goods provided that should the original Goods subsequently arrive you agree to notify Qmerch Ltd. - Trading as Qmerch and to return to Qmerch one set of the Goods or if you wish to keep both the original and replacement Goods to authorise Qmerch to debit the price of the replacement Goods from the debit/credit card, the details of which you provided to Qmerch Ltd. - Trading as Qmerch when making your original order; or
6.1.3 waiting for an agreed time period after which if the Goods are not available to you then options 6.1.1 and 6.1.2 will be available to you.
6.2 Qmerch shall not be liable for any non-delivery of Goods (even if caused by Qmerch's negligence) unless notice is given to Qmerch within 10 working days, starting from the day after the last date for delivery, had delivery taken place in accordance with the timetable set out at clause 5.1. Such notice should be to the postal or e-mail addresses or telephone number set out at clause 10.10.
6.3 Any liability of Qmerch Ltd. - Trading as Qmerch for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a refund in accordance with the Refund and Exchange Policy.
6.4 If for any reason (other than exercising your rights set out in the Refund and Exchange Policy to return the Goods) you will not accept delivery of the Goods or Qmerch is unable to deliver the Goods on time because you have not provided appropriate instructions, including but not limited to inputting the correct delivery address on the Register Qmerch may store the Goods until delivery whereupon you will be liable for all related costs and expenses.
6.5 Where Goods cannot be delivered because of the circumstances detailed in 6.4 Qmerch reserves the right to make an additional delivery charge at the applicable rate set out in clause 3.2.
If for any reason you are unhappy with the Goods Qmerch will:
• exchange the Goods for an alternative goods of your choice to equal value; or
• give you a full refund for the price you paid for the Goods;
As long as:
• you notify us of your intention to return the Goods to Qmerch ("Notification") within 7 working days of receipt; and
• the Goods are returned to Qmerch within 21 days from the date of Notification and the Goods are in their original condition, in their original packaging (where possible) and the receipt is enclosed.
• the products being returned were not made to order or made on demand.
If you decide that you no longer wish to receive the Goods before they reach you, you should contact Qmerch by e-mail at firstname.lastname@example.org or call 0800 567 7010 (UK) with your instruction to cancel. If we have already shipped the Goods you will need to return the Goods to us in accordance the procedure set out above.
Where you return Goods to us and you request a refund, we will:
• issue a refund as soon as possible, and in any event within 30 days after we receive your notification.
Where you return Goods to us and you request alternative Goods, we will:
• send you the alternative Goods within the time periods set out at clause 5.1 of the Terms and Conditions. Please note that clauses 5.2 and 5.3 will also apply to alternative Goods; or
• if the alternative Goods are not available, we will advise you within 3 working days and offer you the choice of alternative Goods to the same value or a refund. If you choose for the price to be refunded, the refund will be issued as soon as possible, and in any event within 30 days after we receive your notification.
Where you choose to exchange Goods and the alternative Goods are of a lower value, we will issue a refund of the difference between the amount of the original Goods and the alternative Goods as soon as possible, and in any event within 30 days after we receive your notification.
Where you choose to exchange Goods and the alternative Goods are of a higher value, we will advise you of the additional amount to be paid and if you choose to proceed with the Order for the alternative goods, we will debit the difference in value from the credit card the details of which you provided in the Order Form.
All refunds will be credited to the credit card the details of which you provided in the Order Form.
Where you are returning Goods because the Goods supplied were:
• incorrect or
• defective, faulty or damaged
Qmerch will be happy to refund any delivery charges incurred by you in returning the goods.
Where Qmerch supplies the Goods to you in good condition and you wish to return them, you will be responsible for costs of the return postage to us.
Returned Goods should be sent to the Returns Address set out below
Qmerch, Dame Annys Farm, Norwood End, Fyfield, Ongar, Essex, CM5 0RW. United Kingdom.
When returning Goods please enclose a slip with your name, postal and e-mail addresses and phone number.
Qmerch Ltd is always looking for ways to improve its service and so it would be useful if you also include a brief explanation of the reasons for returning the Goods.
8.1 Risk of damage to, or loss of the Goods shall pass to you upon delivery of the Goods.
8.2 Ownership of the Goods shall not pass to you until Qmerch has received in full (in cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to Qmerch from you on any Order.
8.3 If you intend to return or exchange the Goods in accordance with the Refunds and Exchange Policy, you must keep good care of the Goods pending their return to Qmerch.
9.1 Qmerch Ltd. - Trading as Qmerch, warrants that it is has title to sell the items that is displays on the Website. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any agreement between Qmerch and you.
9.2 Nothing in these Terms and Conditions excludes or limits the liability of Qmerch for fraudulent misrepresentation or death or personal injury caused by the negligence of Qmerch or its employees.
10.2 If for any reason a court finds any provision of these Terms and Conditions to be invalid or unenforceable, then these Terms and Conditions shall continue in force except for those parts of the invalid or unenforceable provision that have to be deleted to enable the remaining parts, and the other provisions, to be valid and enforceable.
10.3 Failure or delay by Qmerch in enforcing or partially enforcing any provision of these Terms and Conditions will not be construed as a waiver of any of its rights under them.
10.4 Any waiver by Qmerch of, or any default under, any provision of these Terms and Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Terms and Conditions.
10.5 Qmerch Ltd. - Trading as Qmerch reserves the right to defer the date of performance or cancel any agreement under these Terms and Conditions without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances beyond Qmerch's reasonable control provided that if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give written notice to Qmerch to cancel such agreement and obtain a refund of any sums paid.
10.6 Any notice required to be given to Qmerch shall be in writing and sent by post to Qmerch, Dame Anny's Farm, Norwood End, Fyfield, Ongar, Essex, CM5 0RW or by e-mail to email@example.com or by phone on 0800 567 7010 (UK) unless otherwise notified. Any notice required to be given to you by Qmerch shall be in writing and sent by post or email to the addresses that you provided when ordering the Goods, unless otherwise notified
10.7 You agree with Qmerch that any agreement made under these Terms and Conditions is exclusively between you and Qmerch Ltd. - Trading as Qmerch and it is not intended to be enforceable by any other person who is not a party to it.
10.8 These Terms and Conditions shall be governed by English law. You submit and Qmerch Ltd. - Trading as Qmerch submits to the non-exclusive jurisdiction of the English Courts.
10.10 You may contact us by post at Qmerch, Dame Anny's Farm, Norwood End, Fyfield, Ongar, Essex, CM5 0RW. United Kingdom or by email at firstname.lastname@example.org or by phone on 0800 567 7010 (UK).
10.11 Qmerch Ltd. - Trading as Qmerch conforms to the Which Web Trader Code of Practice.
10.12 You acknowledge that Qmerch Ltd. - Trading as Qmerch may change these Terms and Conditions from time to time.
1. The closing date is as specified in the relevant competition. All competition entries must have been received by midnight on this date.
2. The Winner will be notified by email within 10 working days of the closing date; the prize will be sent out to the address sent with the competition entry within a further 10 working days of this notification.
3. Only one entry per person is permitted.
4. No purchase necessary and no proof of purchase required.
5. We reserve the right to amend these rules at anytime. Entry in the competition implies acceptance of these rules.
6. Competition winners may be required to take part in or co-operate with publicity.
7. The promoter's decision is final and no correspondence will be entered into. There is no cash alternative and the prize is non-transferable.
8. In the event of unforeseen circumstances, the promoter retains the right to offer an alternative prize of equal value.
9. Entrants must be aged 13 or over. Employees of Qmerch, their families and agencies, and anyone directly connected with the competition are not eligible to enter.
10. Promoter's address is Qmerch, Dame Anny's Farm, Norwood End, Fyfield, Ongar, Essex, CM5 0RW. United Kingdom. Prizes are subject to availability.