Terms of service
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Service) listed on our website MISTANDMAGIC.COM (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Last updated: April 2021
Terms Of Sale
1. INFORMATION ABOUT US
1.1 We operate the website MISTANDMAGIC.COM. We are Mist and Magic Ltd, a company registered in Scotland under company number SC679698 . Our registered business address is 10 Nellfield Gardens, Crieff, PH7 3DR, UNITED KINGDOM.
1.2 To contact us, please email email@example.com.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site, if any.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.5 All items advertised for sale are subject to rigorous supply chain testing to endeavour we are able to provide continuous supply. However, on the rare occasions that an item is unavailable we will replace with the nearest possible or better value substitute which matches the web visual as closely as possible.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. CONSUMER TERMS
4.1 You may only purchase Products from our site if you are at least 18 years old.
4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. BUSINESS CUSTOMER TERMS
If you are not a consumer, you are not authorised to make orders through our site. We do not accept orders from any corporate entity or on behalf of any corporate entity on our site. If you are a business customer and wish to place an order please contact us on firstname.lastname@example.org for more information.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We reserve the right to revise these Terms from time to time.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will update the Terms on the website.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products
(b) products made to your specification or clearly personalised; or
(c) software, DVDs or CDs which have a security seal which you have opened or unsealed.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com. We will respond to your email and provide details of how to return the goods to us for a refund. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.
8.5 You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. You will not be reimbursed for the return postage cost. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.6 If you wish to return the Products to us under this clause 8 because you believe them to be faulty or mis-described please email clear images of the fault to firstname.lastname@example.org.
(a) You will be required to return the Products to us at your own cost for investigation. Details of the process for returning and reimbursement of return costs will be provided at the time of request.
(b) After we have completed the investigation we will contact you by email with our decision.
(c) If we find the Product/s to be faulty or mis-described we will refund the full value of the Product and shipping, or portion thereof in the case of orders containing multiple products, to your original payment method.
(d) The cost of return shipping will be reimbursed upon receipt of a valid payment receipt. A valid payment receipt will show the full cost that is being claimed and the correct shipping date.
(e) We will reimburse return shipping costs to a maximum value equal to and no more than the cheapest tracked (non-expedited) service.
(f) Signed for services must not be used, as they are incompatible with PO Box addresses and will be returned to you automatically.
8.7 We refund you on the credit card or debit card used by you to pay.
8.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as practicable;
(b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.1 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 The Products will be your responsibility from the completion of delivery.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9.5 Non-delivery occurs when the goods do not arrive at the address you gave us, or you claim that the goods are not in your possession despite a confirmation of successful delivery from the final mile delivery agent.
(a) Validation of delivery will be provided by the final mail delivery agent.
(b) If you dispute that delivery has occurred we will open an investigation with the relevant logistic partner. Upon completion of that investigation we will share the findings, and if the final mile delivery agent is at fault you will be refunded in full.
(c) Non-delivery investigations can take up to 45 business days to conclude.
(d) If a delivery confirmation cannot be provided after 14 days of expected arrival you the have the right to request a refund by emailing email@example.com
10. INTERNATIONAL DELIVERY
10.1 We deliver to the countries listed on this page: FAQ
10.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time and at the point of order.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12. HOW TO PAY
12.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard and Amex. We also accept PayPal.
12.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge you until we dispatch your order.
13. OUR LIABILITY TO YOU AS A CONSUMER
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send an e-mail to email@example.com.
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail address you provide to us in your order.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may not transfer your rights or your obligations under these Terms to another person.
16.3 Subject to clause 16.1, this contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 Please note that these Terms are governed by Scottish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Scottish law. You and we both agree to that the court of Scotland will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England or Wales, you may also bring proceedings in England or Wales.
17. PROMOTION CODE TERMS
17.1 Promotion codes are only valid for orders placed online.
17.2 Promotion codes entitle you, at the time of ordering, to a saving on a new order placed with MISTANDMAGIC.COM.
17.3 MISTANDMAGIC.COM reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
17.4 Promotion codes are only valid while stocks last, may exclude certain products and may be withdrawn at any time.
17.5 Only one promotion code can be used per order.
17.6 Promotion codes are not valid in conjunction with any other promotion. Offer is not valid on sale items or other discounted items.
17.7 In the event of product returns, refunds will be given for cash used in the original purchase once the discount is applied.
17.8 In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, will be returned to the customer.
17.9 In the event of part of the order being returned, the value of the promotion code will be deemed to be spread between the goods proportionately. The sum in cash exceeding this value, will be returned to the customer.
17.10 In the event of any returns meaning that the order no longer qualifies for the promotion advertised, MISTANDMAGIC.COM reserves the right to deduct the value of the offer from the refund.
17.11 In promotions where there is a free or half price item when purchasing multiple items, please note that the discount will be applied to the cheapest item.
17.12 MISTANDMAGIC.COM reserves the right to change these Terms and Conditions at any time.