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Our terms and conditions

My First Day Limited Trading as The Day That

Registered Office:
Wren House,
68 London Rd,
St Albans,
Hertfordshire
AL1 1NG

Company Number: 5882230

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING AN ORDER FOR ANY GOODS. YOU ARE ADVISED TO PRINT AND RETAIN THEM FOR YOUR RECORDS.

By placing an Order and purchasing goods from www.thedaythat.co.uk you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.

INTRODUCTION

These are the Standard Terms and Conditions of Sale of Gavan Goulder, trading as The Day That for certain products as set out in the pages on this site ("the Goods"). Subject to the provisions of Clause 4.2 below, the price of the Goods, the delivery charges and Value Added Tax where applicable is set out on the Order Form. Whilst every effort is made to deliver the Goods in accordance with the timescales set out for delivery in the relevant pages, we do not accept any liability for late delivery of the Goods and your attention is drawn to the provisions of Clause 6 below.

YOUR RIGHT TO WITHDRAW FROM THE TRANSACTION

In accordance with the provisions of the Consumer Protection (Conclusion of a Contract at a Distance) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. Please note that due to the personalised nature of the product, the right to withdraw from the contract does not apply in the event you decide you do not like the product after the transaction has taken place. Your right to withdraw will apply in the event that goods are damaged or defective.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Conditions at any time. Please check these Conditions periodically for changes.

THE CONTRACT BETWEEN US
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
PRICE

The prices payable for goods that you order are as set out in our website.
It might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

RIGHT FOR YOU TO CANCEL YOUR CONTRACT

Except for customised orders referred to in clause 3.2 below you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
You cannot cancel your contract if the goods you have ordered have been customised to your specifications. For example, prints that are endorsed with an individual's name cannot be returned.
To cancel your contract you must notify us in writing.
If you have received the goods before you cancel your contract then unless, under clause 3.2, you do not have a right to cancel you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

CANCELLATION BY US

We reserve the right to cancel the contract between us if:

a) we have insufficient stock to deliver the goods you have ordered;
b) we do not deliver to your area; or
c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

DELIVERY OF GOODS TO YOU

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

LIABILITY

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:

a) to make good any shortage or non-delivery;
b) to replace or repair any goods that are damaged or defective; or
c) to refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2(c) above.


You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.


Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

NOTICES
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at and all notices from us to you will be displayed on our website from to time.


EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.


INVALIDITY
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.


IMAGES
All products images used on this web site are only representative of the goods on offer. Actual goods may not be exactly the same colour, design or packaging.


PRIVACY
You acknowledge and agree to be bound by the terms of our privacy policy.


THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

 

ENTIRE AGREEMENT
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 


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