Terms & Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website www. somethingdifferent.co.uk ('the Website') and your relationship with Something Different UK Limited (trading as www. somethingdifferent.co.uk whose registered office is at Martins Cottage, Church Road, Crowle, Worcestershire WR7 4AX. Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by these Terms.
We reserve the right to:
- update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
- modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that:
- the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
- you are not impersonating any other person or entity
The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by contacting our customer service representatives.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
5. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
- any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
- any material which is defamatory, offensive or of an obscene character
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
10. Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 7 days from the day after receipt of the goods or services.
If you do cancel a contract pursuant to this clause 9, then:
- you must notify us by contacting us or writing to Something Different UK Limited, Martins Court, Church Road, Crowle, Worcestershire WR7 4AX. You must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were when they were delivered until such time as the goods or services are either collected by us or delivered back to us by you;
- we will notify you of when we wish to collect the goods or services. The goods and services will be collected by us within 28 days of our receiving your cancellation notice and we will charge the cost of collecting the goods or services, and will deduct this from any sum owed by us to you.
- We will refund any monies you have paid to us within 30 days of receipt of your cancellation notice.
For further information about cancellations and returns, please see our Returns Policy.
11. Price and Payment
All prices shown are inclusive of VAT (where applicable) and are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged.
12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
- if an individual, be 18 years of age or over; and
- register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
- affect or limit your rights as a consumer under English law; or
- will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
18. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
19. Returns and Exchange
If you are not completely satisfied with the goods, simply return them to us at any time within 14 working days of receipt. If goods are returned within 7 working days of receipt we will issue a full refund including postage and packaging, or an exchange. After 7 working days we will refund the cost of the order minus the postage and packaging charge paid. The costs of returning goods to us shall be borne by you.
The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post.
Your rights to return the goods to us will not apply in the following circumstances:
Any products that we have made, personalised or customised specifically for you
- Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
- If you have made a spelling mistake on your order and it has been sent for production.
- You have disposed of the item you have an issue with
- A perishable item that has been consumed/disposed of.
If you return an item because of an error on our part, or because it is defective, we will happily refund the full value of the item. You can contact our Customer Service department for a freepost returns address.
The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.
We regret that postage and packing costs for unwanted items cannot be refunded after 7 working days from when the order was delivered.
- You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the contract.
- The parcel can take up to 7 working days to be returned to our Warehouse, unless sent via special delivery.
- This returns policy does not affect your statutory rights.
The address for returns is:
Something Different UK Limited
I received the wrong item
If the item you received is not what you originally ordered, please contact customer care quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return.
If the item you received is faulty, please contact our customer care team quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. If the item is faulty, please return it to us within 30 days of receipt. Refunds cannot be given if the fault is as a result of misuse.
The colour of the product you receive may not match the colour as displayed by our website on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.
When trying on items of clothing, please ensure that you are not wearing perfume / aftershave or a deodorant which may leave a scent or marks on the item. We will be unable to accept the return of any item where there is evidence that these instructions have not been followed. The item should be returned with its original packaging.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non- commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.