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Cancellation, Refund & Replacement Policies

Terms and Conditions

Privacy Policy

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Cancellation, Refund & Replacement Policies

Refund Policy

Due to all our dens, covers, storage bags and pillow mattresses been custom made or bespoke to order we do not offer refunds.

This does not affect your statutory rights.

 

GOV. UK - When you do not have to offer a refund

You have to offer a refund for certain items only if they’re faulty, such as:

  • personalised items and custom-made items, for example curtains

  • perishable items, for example frozen food or flowers

  • newspapers and magazines

  • unwrapped CDs, DVDs and computer software

Faults & Replacements

  • Our dens are checked at two stages for faults and flaws. 

  • They are also photographed in the box before it is sealed and then again after it has been sealed. 

  • We hope that they won't be damaged in transit but this is why we take the photos so that we have proof to show our courier company.

  • This has never happened yet but we like to cover for all eventualities!

  • In the unlikely event that one of our products has a fault, we would of course replace that part as quickly as possible. 

  • You would just need to send us a photo so that we can note the fault and we will then send you the replacement part.

ANY FAULTS MUST BE REPORTED WITHIN 28 DAYS OF RECEIPT OF THE GOODS


Covers

We make covers to measure the dens for each order. We shrink test the fabric first and ensure that washing instructions are on the documents you receive and also on the label. Always wash the covers according to the instructions, which has been advised by the supplier and tested by ourselves.

Please note: If covers have been used on more than one occasion we will not be able to replace the covers. We may however offer a discount on further purchases at our discretion. 

ANY FAULTS MUST BE REPORTED WITHIN 28 DAYS OF RECEIPT OF THE GOODS

Cancellation Policy



If in the unfortunate circumstances you need to cancel your order please see our cancellation terms below.


From the date your invoice is emailed - if you cancel your order within

  • 24 hours you will receive a 100% refund

  • 7 calendar days you will receive 50% refund

  • 14 calendar days you will receive 25% refund

  • 15 calendar days or more no refund will be given.

 

Terms and Conditions




1. These Terms and Conditions will apply to the purchase of our goods in the quotation (Goods) by the Buyer (you) from Samantha Joyce, trading as Magical Spaces UK of Hampton House, Blakey Lane, Thirsk, YO73AB (we or us or Supplier)


2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.


3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.


Interpretation

4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales

5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

6. Words imparting the singular number include the plural and vice-versa.


Goods

7. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.

8. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.


Price

9. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.

10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.

11. Any increase in the Price under the clause above will only take place after we have told you about it.

12. You may be entitled to discounts. Any and all discounts will be at our discretion.

13. The Price is exclusive of fees for packaging and transportation / delivery.

14. The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any inclusive competent authority.


Cancellation and alteration

15. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

16. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 5 days only from the date shown in it unless expressly withdrawn by us at an earlier time.

17. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.


Payment

18. We will invoice you with the Price within 72 hours of receiving your order.

19. You must pay the Price within 48 hours of the date of our invoice

20. If you do not pay within the period set out above, we reserve the right to cancel your order and offer it to another customer.

21. Time for payment will be of the essence of the Contract between us and you.

22. All payments must be made in British pounds unless otherwise agreed in writing between us.

23. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in

order to justify withholding payment of any such amount in whole or in part.


Delivery

24. We will arrange for the delivery of the Goods to the address specified in the quotation, of your order or to another location we agree in writing.

25. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.

26. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

a) store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and/or

b) make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or

c) after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

27. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

28. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.



Inspection and acceptance of Goods

32. You must inspect the Goods within 3 days of delivery or collection.

33. If you identify any damages or shortages, you must inform us in writing within 48 hours of delivery, providing details.

34. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.

35. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.

36. We will be under no liability or further obligation in relation to the Goods if:

if you fail to provide notice as set above; and/or you make any further use of such Goods after giving notice under the clause above relating to

a) damages and shortages; and/or

b) the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or

c) the defect arises from normal wear and tear of the Goods; and/or

d) the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

37. You bear the risk and cost of returning the Goods.

38. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 14 days of delivery.


Risk and title

39. The risk in the Goods will pass to you on completion of delivery.


Limitation of liability

44. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.

45. Subject to the clauses above on and, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.



Inspection and Acceptance Risk and Title

46. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

47. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

48. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

a) any indirect, special or consequential loss, damage, costs, or expenses; and/or

any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill;

b) business interruption; or, other third-party claims; and/or

c)any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

d)any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

e) any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

49. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.


Communications

50. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

51. Notices will be deemed to have been duly given:

when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; on the fifth business day following mailing, if mailed by national ordinary mail; or on the tenth business day following mailing, if mailed by airmail.

52. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.


Data protection

53. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.

54. The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the Seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended,

extended and/or re-enacted from time to time.

55. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

56. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal

Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

57. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these

terms and conditions or to the extent required by applicable legislation and/or regulations.

58. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data

protection is specified in its Data Protection Policy, which can be found. For any enquiries about complaints this can be found on our website. Any enquiries regarding data privacy, you can e-mail: hellomagicalspaces@gmail.com



Circumstances beyond the control of either party

59. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.


No Waiver

60. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.


Severance

61. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).


Law and jurisdiction

62. This Agreement shall be governed by and interpreted according to the law of and all disputes England and Wales arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts.

 

Privacy Policy

Maintaining your privacy is really important to us. You entrust us with your information, and we take that responsibility seriously.

We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last updated’ header as below.

This Privacy Policy was last amended on 6th August 2020

This policy was last updated on 6th August 2020 in line with GDPR requirements. It may be updated in the future and we will post the new version here on our website. We will never deviate from our overall philosophy of maintaining your privacy, though.


1. General Information

Magical Spaces take security and privacy seriously. This Privacy

Policy explains how we collect, store and use personal data when you browse www.magicalspaces.co.uk or otherwise provide your personal data to us. Please read this Privacy Policy carefully to understand how we will treat your personal data.


2. What information we collect about you


Your personal data

When we say your "personal data", we mean any information that identifies any person that you provide to us.

Your "personal data"; may also be contained in information that we collect about you in connection with your order or otherwise interact with us for example by electronic mail.


When it comes to your personal data, we comply with our obligations under the General

Data Protection Regulation and any other applicable data protection legislation from time to

time.


Your personal data includes the information you provide, on the www.magicalspaces.co.uk website (including any forms you complete), or during an electronic mail enquiry about you.


Examples of this personal data include your name, your email address, address including postcode which you provide to us when you set up an account and subsequently amend in the My Account section when you go to checkout; and any correspondence when you contact us.


We do not knowingly collect or solicit any personal data from anyone under the age ofsixteen or knowingly allow such persons to purchase goods from us www.magicalspaces.co.uk  is not directed at children under the age of sixteen. In the event that we learn that we have collected personal data from a child under age sixteen without verification of parental consent, we will delete that information as quickly as possible.


Information we collect - We collect information about your website usage, to improve our service and to understand trends to enhance and customize our website. Some of this data may be "personal data", where it identifies a person. Here's the information that we collect and how we use it:

We monitor patterns of usage, such as abandoned cart data, so we can understand how what people are interesting in buying from Magical Spaces to develop and improve our products and understand customer behaviour.

We monitor traffic information, including things like page visits, email clicks, referring sites. We use this information to improve our website, advertising, promotions, and to understand customer purchasing behaviour. Please see Section 11: Use of Cookies below regarding Cookies.

Magical Spaces does not store any credit card data. When payments are processed via credit card, Magical Spaces uses third-party vendors that are PCI-DSS compliant. At no point does Magical Spaces have access to your credit card information. For further information on how we meet industry standards for credit card information security visit https://freewebstore.com/PCI_compliance.html.


3. How we use the information we collect

We use your personal data for legitimate business reasons, for example email you when your order has been received. It will also enable us to contact you by email, fax, post, SMS, social media or telephone where necessary concerning Magical Spaces or an order you have placed; to record your personal preferences; to personalize our services to you (such as by pre-populating fields to make it easier for you to provide information when you return to the Magical Spaces. It will also enable us to produce reports you request as part of the services we provide.


Contacting you for Marketing Purposes - We may use your personal data to contact you by email, fax, post, SMS, social media and/or telephone to let you know about our other Magical Spaces and/or third-party services, content, offers or product ranges which may be of interest to you. We will only use your data in this way where you have provided consent, we have legitimate business reasons for doing so, or where we are otherwise entitled by law to do so. If you would like us to stop providing you with such notifications, just contact us using the details in Section “How to Contact Us” at the end of this policy. Please note, this may take up to one working day to take effect. To stop receiving emails from Magical Spaces itself, you should cancel your Magical Spaces account or unsubscribe from our mailing list.


Cookies - We may further use, or permit selected third parties to use, your personal data to enable us to track and analyse Magical Spaces website traffic and visitor trends, improve your browsing experience and to personalize and enhance the content and advertising we display. For further details, please see Section 10: Use of Cookies below.


Legal Requirements – We may use your personal data to comply with any legal obligations to which we are subject.


4. Why do we use your personal data?

We collect and use your personal data for a variety of reasons. We need some data to enter into and perform our contract with you. The lawful basis for processing your personal data is Consent as you have consented to provide your personal details to us to allow us to provide a service to you. If you fail to provide such data we will be unable to provide our service to you.


Other information we collect because we have legitimate business interests, for example, in:

Fulfilling your order and providing updates on the order.

Understanding how our customers use our products, services and websites;

Understanding and responding to customer feedback;

Researching and analysing the services our customers want;

Improving our product and better understanding how our customers use it.


5. How we share information we collect

Except as described in this policy, Magical Spaces does not divulge any personal

information gathered via its services to third parties.


We may share your personal data with third parties in certain circumstances:

We may disclose your data to any member of our group (which means our subsidiaries or our ultimate holding company);

in the event that we, our business, or substantially all of its assets are acquired by a third party (in which case personal information about customers will be one of the transferred assets);

if we are under a duty to disclose or share your personal in order to comply with any legal obligation; to cooperate with law enforcement officials in the investigation of unlawful activities of Magical Spaces website users or relating to Magical Spaces users; or in order to enforce or apply any contract with you; or to protect our rights, property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection or unlawful activity.


We also utilize a number of carefully selected third parties to help provide our services to you. Examples of these functions include website creation and hosting, email, providing marketing assistance and data analysis, data management, handling credit card transactions and providing customer service. In choosing to work with any such third parties, we will always ensure that the security policies and onfidentiality arrangements of those third parties adhere to the same requirements we ourselves impose and expect, as a minimum. No ownership rights to the data will be transferred to any third party.


6. How long do we store your data for?


We only store your data for as long as necessary for the purposes of processing set out in this policy.


Data Retention Policy

Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.


7.  How to access and control your information

You are free to change your personal details in the My Account section of your account at any time, if you have set up an account with us. You can also ask us for a copy of your personal data that we hold. We may ask for proof of your identity before providing any information and reserve the right to refuse to provide

information requested if identity is not established. Please see “Your Individual Rights” below. Generally, we will retain your personal data for a reasonable period, or for as long as the law requires.


Your individual rights


1. Access to your personal data: You can ask us to confirm if we are processing your

personal data and you may request a copy of your personal data by contacting us.

See Section “How to Contact Us” at the end of this policy.


2. Right to change or withdraw your consent: Where you have given us consent to

make use of your personal data for any of the purposes outlined in this policy, you

may withdraw that consent at any time by contacting us using the details located at

Section “How to Contact Us” at the end of this policy. If you wish to change your

contact preferences or no longer wish to be contacted for marketing purposes, use

the Unsubscribe link in the email or get in touch. See Section “How to Contact Us” at

the end of this policy.


3. Right to Rectification: You may ask us to update out of date or inaccurate

information we hold about you. To do so, please log on to your Magical Spaces

account and update your information or get in touch using the details at Section “How to Contact Us” at the end of this policy.


4. Right to Erasure: In certain circumstances you may ask us to erase your Personal

Data. If you would like us to erase the personal data we hold about you, please get in

touch using the details at Section “How to Contact Us” at the end of this policy


5. Right to Data Portability: In certain circumstances you may ask us to provide you

with the personal data that we hold about you in a structured, commonly used,

machine readable form, or ask for us to send such personal data to another data

controller.


6. Right to object: In certain circumstances you may object to our processing of your personal data. Please get in touch using the details at Section “How to Contact Us” at the end of this policy.


7. Right to restrict processing: You can ask us to restrict the processing of personal

data we hold about you in certain circumstances. Please get in touch using the

details at Section “How to Contact Us” at the end of this policy.


8. Make a complaint: You may make a complaint about our data processing activities,

please contact us. See Section “How to Contact Us” at the end of this policy.


9. Getting in touch: To make enquiries and/or to exercise any of your rights in this

privacy policy please contact us. See “How to Contact Us” at the end of this policy.


10. Use of cookies

We may send a small file to your computer when you visit our website. This will enable us to identify your computer, track your behaviour on our website and to identify your particular areas of interest so as to enhance your future visits to this website. We may use cookies to collect and store personal data. We do not automatically log data or collect data you specifically provide to us. You can set your computer browser to reject cookies but this may preclude your use of certain parts of this website. You can do this by changing your browser settings via the Help section of your browser.

10. Data security

We take security and privacy seriously. We will endeavour to take all reasonable steps to keep your personal data secure once it has been transferred to our systems. We adopt appropriate, industry standard data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction. For more information how we keep our online data safe, visit https://freewebstore.com/privacy.html.


11. Getting in touch

If you have any queries relating to this Privacy Policy or Magical Spaces use of your

personal or financial data, please contact hellomagicalspaces@gmail.com or alternatively write to: S. Joyce, Hampton House, Blakey Lane, Thirsk, YO73AB

 
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