TISH LYON TERMS AND CONDITIONS
Background Information
The following terms and policies form the legally enforceable agreement between a person buying (the “customer”) and Tish Lyon Limited trading as tishlyon.com (“Tish Lyon”). The agreement is hereafter referred to as the "Customer Terms".
These Customer Terms may be varied from time to time. Customers should check these Customer Terms before each order to ensure that the terms of the purchase are fully understood. Customers may seek advice about their statutory legal rights from a solicitor, the Citizens Advice or Trading Standards. Nothing in these Customer Terms will affect these statutory legal rights.
1. Customer Terms
1.1 These Customer Terms are comprised of the background (above), the terms set out in these clauses and other policies referred to herein.
1.2 The customer should always make sure they are familiar with the terms of these Customer Terms.
2. Authority to bind a business (this Clause 2 only applies if you are a business)
2.1 Customers purchasing for and on behalf of a business, confirm that they have authority to bind the business on whose behalf they purchase Products through Tish Lyon.
2.2 These Customer Terms constitute the entire agreement between the customer and Tish Lyon. Tish Lyon and the customer acknowledge that they have not relied on any statement, promise or representation made or given by or on behalf of either party which is not set out in these Customer Terms.
3. Formation of this contract
3.1 Shortly after the customer places an order, the customer will receive an email from Tish Lyon acknowledging the order. This email does not constitute Tish Lyon’s acceptance of the order.
3.2 These Customer Terms will not be formed until Tish Lyon despatches the customer’s order. At this point, the customer will also receive an invoice from Tish Lyon. The invoice will include a description of the Products purchased. Only those Products set out in the invoice are included in these Customer Terms.
3.3 If, for any reason, Tish Lyon is unable to supply the customer with all or part of the order, Tish will inform the customer via a credit note included with the despatched item(s). Tish Lyon shall process the refund as soon as reasonably possible, within 2 business days of the date on which the order was processed.
4. Products
4.1 Tish Lyon shall supply Products that conform with the description in the Product listing.
4.2 The images of the Products on Tish Lyon are for illustrative purposes only. Although every effort has been made to display the colours accurately, Tish Lyon cannot guarantee that the customer’s computer's display represents the colour of the Products accurately. The Products may therefore vary slightly from those images.
4.3 Tish Lyon shall make every effort to ensure Product descriptions are as accurate as possible. If any material discrepancy comes to light after the customer has placed an order, Tish Lyon will inform the customer as soon as possible, and give the customer the option to cancel or return the order (in such a case a refund will be processed as soon as practicably possible).
4.4 The packaging of the Products may vary from that shown on images on Tish Lyon.
4.5 All Products shown on Tish Lyon are subject to availability. Tish Lyon shall communicate unavailability as soon as possible, if a Product has been ordered but is not available. In such an instance, a full refund shall be processed by Tish Lyon as soon as practicably possible.
5. Use of the Tish Lyon Website
5.1 Use of Tish Lyon is governed by the Tish Lyon Terms of Website Use, which is hereby incorporated into these Customer Terms.
6. Customer personal information
6.1 Any personal information will be used in accordance with the Tish Lyon Privacy and Cookies Policy, which is hereby incorporated into these Customer Terms. The customer agrees that they have read and understand this policy prior to purchasing through Tish Lyon.
7. Consumer rights, cancellations, and refunds
7.1. Product Standards:
7.1.1 Consumer customers have legal rights under the Consumer Rights Act 2015 in relation to Products that are faulty, of poor quality, or not as described.
7.1.2 Business customers may only obtain refunds if the product is identified as faulty or damaged.
7.1.3 Business customers have 7 days from delivery to bring such fault or damage to Tish Lyon’s attention.
7.2. Cancellations and Refunds:
7.2.1 Non-Faulty Products:
a. Apart from Non-Cancellable Products listed at 7.3, customers have a legal right to cancel for convenience within 14 days of receipt of the Product.
b. Cancellation must be communicated by the customer to Tish Lyon within 14 days of receipt of the product.
c. The customer will be responsible for the cost of returning the Products to Tish Lyon.
d. If the customer requests a refund on a non-faulty Product, Tish Lyon shall provide the customer with a full refund of the product price including any standard postage costs but not the additional costs of any applicable delivery other than the least expensive delivery. For example, if a customer orders special delivery and this costs £5, whereas standard delivery would have cost £2, then only the £2 shall be refunded.
e. Tish Lyon shall make the refund to the customer without undue delay and no later than 14 days after the date it receives the Products back, or (if earlier) 14 days after the date which the customer can provide evidence that it returned the Products.
f. Tish Lyon shall make the refund using the same means of payment that the customer used for the purchase.
g. Tish Lyon shall not charge the customer any refund processing fee.
7.2.2 Faulty Products:
a. If the customer identifies that the Product is faulty, the customer must communicate the existence and nature of the fault to Tish Lyon as soon as reasonably practicable.
b. Some faults may become apparent after the Product has been used for a period of time. The Customer’s rights to refunds and other remedies depend upon the amount of time the customer has been in possession of the Product in accordance with the Consumer Rights Act 2015.
7.3 Non-Cancellable Products:
The cancellation right detailed at 6.2.1 does not apply in the case of non-faulty:
a. Products made to the Customer’s specification, clearly personalised, custom-made, or commissioned in any way;
b. Items which by their nature cannot be returned such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied;
c. Items purchased as part of a set, but which have been returned in individual parts or as an incomplete set;
d. Worn jewellery due to hygiene reasons.
7.4 Prompt return of Products: The customer must return the Products to Tish Lyon as soon as reasonably practicable.
7.5 Excessive handling of Products: if the customer handles a Product causing wear and tear beyond that necessary to establish the nature, characteristics and functioning of the Product and causes a diminution of the Product value, the customer may be liable for such diminution and Tish Lyon may reduce any applicable refund in proportion to this.
8. Delivery
8.1 Unless there is an Event Outside the control of Tish Lyon (as described in sub-clause 13.2). The customer’s order will be fulfilled by Tish Lyon by the estimated delivery date set out in the confirmation email detailed at Clause 4.2 of these Customer Terms.
8.2 Delivery will be completed when the Product is delivered to the address the customer provided when making the order.
8.3 The Products become the customer’s responsibility and the customer becomes the legal owner of the Products upon delivery.
8.4 If the customer receives a refund and thereafter the relevant Product is delivered to the customer, the customer shall contact Tish Lyon to arrange for a return of that Product. Tish Lyon shall bear the costs of such a return.
9. International Delivery
9.1 Tish Lyon shall deliver to the list of countries set out on checkout page. However, there are restrictions and higher charges for the delivery of some Products for certain countries. The customer shall review and agree to such restrictions or additional charges before ordering Products.
9.2 If the customer orders Products for delivery outside the United Kingdom, the order may be subject to import duties and taxes which are applied when the delivery reaches its destination country. The customer will be responsible for the payment of any import duties and taxes.
9.3 The customer must comply with all applicable laws and regulations in the country of delivery.
10. Price of Products
10.1 If a pricing error is discovered prior to dispatch, Tish Lyon shall contact the customer as soon as is practicable and the order shall be cancelled and Tish Lyon shall process a refund within 2 business days.
10.2 The prices of all Products on tishlyon.com will be displayed in pounds sterling.
10.3 The price of a Product includes any relevant value-added tax or other sales tax.
11. Payments
11.1 The customer can pay for Products using any of the payment methods set out at the customer checkout.
11.2 Any refund the customer is entitled to pursuant to these Customer Terms will be made via the same payment method used by the customer to make payment.
12. Customer incentives and discounts
12.1 Promotional codes, incentives, and offers may be available to use on Products purchased from Tish Lyon. Discount codes are subject to the terms of such promotions as set out Discount Codes Terms.
12.2 Other customer incentives are provided by Tish Lyon from time to time and are subject to separate terms and conditions.
13. Events Outside Tish Lyon’s Control
13.1 Tish Lyon will not be liable or responsible for any failure to perform, or delay in performance of, any of the Tish Lyon’s obligations under these Customer Terms that is caused by an Event Outside the Tish Lyon’s Control. An Event Outside Tish Lyon’s Control is defined below in sub-Clause 13.2.
13.2 An "Event Outside the Tish Lyon’s Control" means any act or event beyond the Tish Lyon’s reasonable control, including, but not limited to, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Tish Lyon’s Control takes place that affects the performance of Tish Lyon’s obligations under these Customer Terms:
13.3.1 Tish Lyon will contact and notify the customer as soon as reasonably possible; and
13.3.2 Tish Lyon’s obligations under these Customer Terms will be suspended and the time for performance of Tish Lyon’s obligations will be extended for the duration of the Event Outside the Tish Lyon’s Control;
13.3.3 Where the Event Outside Tish Lyon’s Control affects the seller’s delivery of Products to the customer, the seller will endeavour to arrange a new delivery date with the customer after the Event Outside Tish Lyon’s Control is over. Alternatively, the Customer can cancel the order pursuant to Clause 7 of this Agreement.
14. Communications
14.1 In these Customer Terms "in writing", includes email.
14.2 Customers can also contact Tish Lyon to provide feedback and to raise any questions by pre-paid post to Tish Lyon Limited at 19 Factory Road Upton, Poole, Dorset, England, BH16 5SN.
14.3 The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other important terms and conditions
15.1 No third-party rights. These Customer Terms are between Tish Lyon and the customer, no other natural or legal persons shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.2 Notwithstanding Clause 21.1, Tish Lyon shall be entitled to enforce these Customer Terms under the Contracts (Rights of Third Parties) Act 1999.
15.3 Headings: The headings contained in these Customer Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of any of the Clauses or sub-Clauses.
15.4 Interpretation: Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms. Wherever a singular expression is used in these Customer Terms, that expression is considered as including the plural or the body corporate where required by the context.
15.5 Severability: Each of the clauses and sub-clauses of these Customer Terms operates separately. If any court or relevant authority decides that any of the clauses or sub-clauses are unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.
15.6 No waiver: If either the customer or Tish Lyon (or both) fail to insist that the other performs any of its obligations under these Customer Terms, or if either party does not enforce its rights against the other party, or if either party delays in enforcing its rights, that will not constitute a waiver of those rights and will not mean that the party that has failed to fulfil its obligations no longer has to comply with those obligations. Any waiver of obligations must be made in writing, and will not mean, unless such a waiver includes otherwise, that subsequent defaults are waived.
15.7. Governing Law and Jurisdiction
15.7.1 Consumer Customers: These Customer Terms will be governed by English law. The courts of England and Wales will have exclusive jurisdiction to decide any dispute or claim arising out of or in connection with these Customer Terms (including disputes as to the formation of these Customer Terms) in the case of consumer customers that are resident in England and Wales. In any instance of a consumer customer that is resident in another jurisdiction, legal proceedings may be brought in the courts of England and Wales or in the courts of the jurisdiction in which the consumer customer is resident.
15.7.2 Business Customers: These Customer Terms will be governed by English law. The courts of England and Wales will have exclusive jurisdiction to decide any dispute or claim arising out of or in connection with these Customer Terms (including disputes as to the formation of these Customer Terms).