Terms and Conditions
By using our website, you agree to be bound by Smarty Pants Schoolwears Terms & Conditions, as stated below.
1.1 The conditions set out here are the only conditions on which we sell goods or supply services. Unless we both otherwise expressly agree in writing they will apply notwithstanding any other terms subject to which you want to buy goods or have services supplied to you.
1.2 In these Conditions “goods” means all goods and/or services specified overleaf or to be supplied by us to you. “We means SMARTY PANTS SCHOOLWEAR and “You” means the Company, person or legal entity buying goods the words “negligence” and “deals as a Consumer” in Condition 1.4 have meanings given to them in the Unfair Contracts Terms Act 1977.
1.3 Nothing in these Conditions shall exclude or limit any liability we may have under the Consumer
Protection Act 1987.
1.4 When in a transaction you are a Buyer who deals as a Consumer, nothing in these Conditions shall affect your Statutory rights.
1.5 Nothing in these Conditions shall affect our implied undertakings given to you under Section 12 of the Sale of Goods Act 1979.
2.1. All goods are offered and sold subject to stocks being available.
2.2 All delivery dates are estimates and time is not of the essence in the contract between us. Although we aim to despatch our orders between 2-3 days during term time and 5-7 days during the school holidays, on occasion’s orders may take up to 2 weeks.
2.3 Once an order has been placed by you there is not right of cancellation save and except of a prior written agreement with us.
2.4 Payment should be made at the time of the order unless otherwise agreed by us in writing.
3.1 Goods are charged at the price set or agreed between us (plus VAT at the rate in force at the tax point date, if applicable).
3.2 In the event of a manifest error relating to the price charged we reserve the right to rectify it.
4. DELIVERY AND NOTIFICATION OF DAMAGE AND LOSS
4.1 Items ordered should be sent to a UK address, or for individual school orders, directly to the school if that option was selected.
4.2 All goods should be examined on delivery. For goods which show any sign of having been tampered with, damaged or shortage, notice must be received by us within five days of delivery identifying each item damaged or short by product description or code and quantity.
4.3 In the event of the non-arrival of the goods or if you learn that they have been lost or destroyed in transit, written notice from you of this must be received by us within five days of advice note or invoice.
4.4 Notice in all cases must be given in writing to us at our address shown or by email.
4.5 If the appropriate notice (as set out in this Condition 4) is not received by us within the time set out, then the goods shall be deemed to have been delivered in accordance with the contract.
5. RETURNS POLICY
5.1 We hope that you will be happy with your items but should you decide that you do not want the goods they can be returned to us within 14 days for a full refund provided they are received back to us in the original packaging and in an unworn condition. The refund must be by the method used to pay for the goods in the first place, and in the case of debit/credit card, the same card.
5.2 You will be notified by email when we have processed your refund. This may take up to two weeks. For your protection we recommend that you use a recorded delivery service for goods over £30. No liability can be accepted for goods lost in transit back to us.
5.2 Should you discover the goods to be faulty please notify by email, stating goods and order number and return to the address below
Unit 1 Chancerygate
33 Tallon Road
6. PROPERTY AND RISK
6.1 Risk of damage to or loss of the goods shall pass to you on delivery.
6.2 Notwithstanding delivery the passing of risk in the goods, or any other provision of these Conditions, the property and the goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the goods and all of the goods agreed to be sold by us to you for which payment is then due.
6.3 Until such time as the property and the goods pass to you, you shall hold the goods as our fiduciary agent and bailee and shall keep the goods separate from those of yourself and third parties and properly stored, protected and insured and identified as our property. Until that time you shall be entitled to resell or use the goods in the ordinary course of your business but shall account to us for the proceeds of sale or otherwise of the goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any monies or property of yourself and third parties and in the case of tangible proceeds properly stored, protected and insured.
6.4 Until such time as the property in the goods passed to you (and provided the goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the goods to us and if you fail to so do forthwith to enter upon any of your premises or any third parties premises where the goods are stored and repossesses the goods.
7. WARRANTIES AND LIABILITIES
7.1 Subject to the Conditions set out below we warrant that the goods will correspond with their specifications at the time of delivery and will be free from defects, both material and workmanship, for a period of one month from the date of their initial use or one month from delivery whichever is the first to expire.
7.2 The above warranty is given by us subject to the following conditions:
7.2.1 We shall be under no liability in respect of any defect in goods arising from any design logo or specification supplied by you.
7..2.1 We shall be under no liability in respect of any defects arising from fair wear and tear, wilful negligence, misuse or alteration or repair of the goods without our approval.
7.2.2 We shall be under no liability under the above warranty (or any other warranty, condition or Guarantee) if the total price for the goods has not been paid by the due date for payment.
7.2.3 The above warranty does not extend to materials or equipment not manufactured by us in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as given by the manufacturer to us.
7.3 Subject and expressly provided in these Conditions and except where the goods are sold to a person dealing as a Consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by Statute of Common Law are excluded to the fullest extent permitted by Law.
7.4 Where the goods are sold under a Consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your Statutory rights are not affected by these Conditions.
7.5 You warrant that you have the rights to the intellectual property and copyright to any design logo or specification you give us.
8. SUSPENSION OF DELIVERYS AND CANCELLATION
We shall be entitled to suspend deliveries and cancel any agreement if you are overdue with any payment (under any agreement with us) or if you exceed any credit limit agreed or you become insolvent or we have any serious doubts regarding your solvency.
9. FORCE MAJEURE
We shall have no liability whatsoever under or in any way related to the sale and purchase of the goods or otherwise (whether in contract or tort otherwise) for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond our reasonable control.
10. LAW AND JURISDICTION
The agreement shall be governed by the Laws of England and Wales and you accept the jurisdiction of such courts as we may nominate for the purpose of trying any action arising out of the agreement.
11.CONTRACT FOR THE SUPPLY OR ORDERS
The display of goods on the Smarty Pants Schoolwear site amounts to an invitation to treat only and is not an offer to sell products or services at any price indicated. No contract for the supply of products or goods will be deemed to exist between you and Smarty Pants Schoolwear unless, and until, an email is sent by Smarty Pants Schoolwear to you confirming that your order has been accepted and payment has been succefully made.
This confirmation e-mail amounts to an acceptance by Smarty Pants Schoolwear of your offer to buy goods or services from Smarty Pants Schoolwear and this acceptance is effective regardless of whether or not you receive the e-mail.
Smarty Pants Schoolwear are free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself.
Price and availability information is subject to change without notice.
12. SITE INFORMATION
Smarty Pants Schoolwear is providing this site and its contents on an as is basis and makes no representations or warranties of any kind with respect to this site or its contents. Smarty Pants Schoolwear disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Smarty Pants Schoolwear does not represent or warrant that the information accessible via this site is accurate, complete or current.
13. PROCESSING OF ORDERS
Credit cards are debited before items are shipped or before services are activated by Smarty Pants Schoolwear.
14. LIMITATION OF LIABILITY FOR USE OF THIS SITE
Except as specifically stated on this site, neither Smarty Pants Schoolwear nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
15. ILLEGAL ACTS
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic fingerprints of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
16. CHANGE OF TERMS
Smarty Pants Schoolwear reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the Smarty Pants Schoolwear website.