Terms and Conditions
- 1. Introduction
1.1 Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
1.2 This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
1.3 In this contract:
- ‘We’, ‘us’ or ‘our’ means Blakeney Lifestyle Limited trading as Creek Lifestyle.
- ‘You’ or ‘your’ means the person using our website to buy goods from us.
1.4 We are registered in England and Wales, company number number14307288. Our registered office is 26 Tallon Road, Hutton, Brentwood, Essex, CM13 1TJ. Our VAT number is 430767495.
1.5 If you don’t understand any of this contract and want to talk to us about it, please contact us in the first instance by emailing us at blakeney@creeklifestyle.co.uk. Emails are monitored Monday to Friday, from 9:30am to 5:30pm.
- The contract
2.1 If you buy goods on our website via the Shopify portal you agree to be legally bound by this contract.
2.2 When buying any goods, you also agree to be legally bound by our website terms and conditions and any documents or policies referred to in them and additionally the applicable Shopify terms and conditions of use referred to in clause 4.2. All these documents form part of this contract as though set out in full here.
2.3 You may only buy goods from our website via the Shopify portal for non-business reasons.
2.4 This contract is only available in English. No other languages will apply to this contract.
- Information we give you
3.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
3.1.1 read the Acknowledgement Email (see clause 5.2.1); or
3.1.2 contact us at blakeney@creeklifestyle.co.uk.
3.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
3.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
- Your privacy and personal information
4.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4.2 By creating an account on our ecommerce portal you are agreeing to these terms of service, and Shopify’s privacy policy (which can be found at https://www.shopify.com/legal/privacy) and data protection processing addendum for EU nationals https://www.shopify.com/legal/dpa operated by Shopify Inc. This provides protection of your personal data to the UK’s Data Protection Act 2018 and EU standards. Any queries should be sent to blakeney@creeklifestyle.co.uk.
- Ordering goods from us
5.1 Below, we set out how a legally binding contract between you and us is made.
5.2 You place an order on the website by following the onscreen prompts once you have clicked on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order.
5.3 When you place your order at the end of the online checkout process, that is when you click on the ‘pay now’ button’, we will acknowledge it by email (the Acknowledgement Email). The Acknowledgement Email does not, however, mean that your order has been accepted.
5.4 We may contact you to say that we do not accept your order. This is typically for one or more of the following reasons:
5.4.1 the goods are unavailable;
5.4.2 we cannot authorise your payment;
5.4.3 you are not allowed to buy the goods from us;
5.4.4 we are not allowed to sell the goods to you;
5.4.5 you have ordered too many goods; or
5.4.6 there has been a mistake on the pricing or description of the goods.
5.5 We will only accept your order when we email you to confirm this (the Confirmation Email). At this point:
5.5.1 a legally binding contract will be in place between you and us; and
5.5.2 we will despatch the goods to you.
- Refund policy and your right to cancel this contract
6.1 You have the right to cancel this contract within 14 days without giving any reason.
6.2 The cancellation period will expire after 14 days from the day you receive your goods.
6.3 Please ensure we receive the goods within 15 days of the date on which you inform us of cancellation. The goods must be returned to Creek, Maritime Yard, Westgate Street, Blakeney, Norfolk, NR25 7NQ.
6.4 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement. You can send an email to blakeney@creeklifestyle.co.uk; or a letter to Creek, Maritime Yard, Westgate Street, Blakeney, Norfolk, NR25 7NQ; or you can telephone us on 01263 802277.
6.5 To give notice that you wish to cancel the contract of sale you will need to provide the following information: the details of the goods you wish to return; the dates they were ordered on and received by you; your name, address, and contact details; and the date on which you are sending this cancellation.
6.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Effects of cancellation of this contract
7.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery. We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
7.2 We will make the reimbursement without undue delay, and not later than:
7.2.1 14 days after the day we receive back from you any goods supplied; or
7.2.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
7.2.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.4 If you have received goods:
7.4.1 you will have to bear the direct cost of returning the goods which will be the same as upon delivery to you if you use the same method for return; and
7.4.2 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- Delivery
8.1 We use Royal Mail to deliver our goods.
8.2 The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 5.5).
8.3 If something happens which:
8.3.1 is outside of our control; and
8.3.2 affects the estimated date of delivery,
we will let you have a revised estimated date for delivery of the goods.
8.4 Delivery of the goods will take place when we deliver them to the address that you gave to us. If nobody is available to take delivery, please email us at blakeney@creeklifestyle.co.uk.
8.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
8.5.1 let you know;
8.5.2 cancel your order; and
8.5.3 give you a refund.
8.6 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
- Payment
9.1 Through Shopify payments, we accept the following credit cards and debit cards: Visa, Mastercard and American Express. Also, through Shopify payments, we accept payment via accelerated payments through Shop Pay, Apple Pay and Google Pay.
9.2 We will do all that we reasonably can to ensure that all the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3), or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
9.3 Your credit card or debit card will be charged at the point of order and refunded if your order is not accepted.
9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via 3D Secure authentication.
9.5 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 6 and 7.
9.6 The price of the goods:
9.6.1 is in pounds sterling (£ or GBP);
9.6.2 includes VAT at the applicable rate; and
9.6.3 does not include the cost of delivering the goods. If you want to know the delivery costs prior to placing an order, then please look on our website or contact us before you place your order.
- Nature of the goods
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’); for example, that the goods are:
10.1.1 of satisfactory quality;
10.1.2 fit for purpose; and
10.1.3 match the description, sample, or model.
10.2 We must provide you with goods that comply with your legal rights.
10.3 The packaging of the goods may be different from that shown on the website.
10.4 While we try to make sure that the colours of our goods are displayed accurately on the website, the actual colours you see on your computer may vary depending on the monitor you use, in which case the goods are not considered to be faulty.
10.5 Any goods sold:
10.5.1 at discount prices;
10.5.2 as remnants; or
10.5.3 as substandard,
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
10.6 If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:
10.6.1 we will let you know if we intend to do this, but this may not always be possible; and
10.6.2 you can refuse to accept such substitutes in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
- 1 Faulty goods
11.1 You have legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), For more detailed information on your statutory rights and what you should expect from us, please:
11.1.1 contact us at blakeney@creeklifestyle.co.uk; or
11.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 040506.
11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.
11.3 Please contact us at blakeney@creeklifestyle.co.uk or 01263 802277, if you think you have received faulty goods and want:
11.3.1 us to repair the goods;
11.3.2 us to replace the goods;
11.3.3 a price reduction; or
11.3.4 to reject the goods and get a refund.
- 1 End of the contract
12.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
- 1 Limit on our responsibility to you
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
13.1.1 losses that were not foreseeable to you and us when the contract was formed;
13.1.2 losses that were not caused by any breach on our part;
13.1.3 business losses; and
13.1.4 losses to non-consumers.
- 1 Disputes
14.1 We will try to resolve any disputes with you quickly and efficiently.
14.2 If you are unhappy with:
14.2.1 the goods;
14.2.2 our service to you; or
14.2.3 any other matter,
please contact us as soon as possible.
14.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
14.3.1 let you know that we cannot settle the dispute with you; and
14.3.2 recommend you contact the online dispute resolution platform to resolve the dispute with us. For more details, please visit Online Dispute Resolution | European Commission (europa.eu).
14.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
14.5 The laws of England and Wales will apply to this contract.
- 1 Third party rights
15.1 No one other than a party to this contract has any right to enforce any term of this contract.