Terms & Conditions

Individual Gifting Terms & Conditions +

Please read the following important terms and conditions before you sign up for our services and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.

The Consumer Rights Act 2015 says:

you can ask us to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it;
if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk.

The information in this summary summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

This contract sets out:

your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.

In this contract:

‘We’, ‘us’ or ‘our’ means Joanne Al-Samarae; and
‘You’ or ‘your’ means the person purchasing services from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by email at joanne@magpieandco.com.

Who are we?

We are Joanne Al-Samarae, trading as Magpie & Co, a sole trader registered in England and Wales.Our registered address is Flat 4 Laurel Court, Laurel Road, Stockport, Cheshire, SK4 4PP in the United Kingdom.

1. Introduction

1.1 If you buy services from us you agree to be legally bound by this contract.

1.2 When buying any services you also agree to be legally bound by:

1.2.1 our website terms and conditions and any documents referred to in them;

1.2.2 our privacy policy and any documents referred to in it; and

1.2.3 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice.

All of the above documents form part of this contract as though set out in full here.

2. Information we give you

2.1 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. This key information is set out on the sales pages for our services on our website and in this contract.

2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3 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.

3. Your privacy and personal information

3.1 Our Privacy Policy is available here.

3.2 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. Ordering services from us

4.1 Below, we set out how a legally binding contract between you and us is made.

4.2 You place an order with us by agreeing to proceed with the services via email communications with us. Please read and check your order carefully before agreeing to it.

4.3 We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.3.1 we cannot carry out the services;4.3.2 we cannot authorise your payment;

4.3.3 you are not allowed to buy the services from us;

4.3.4 we are not allowed to sell the services to you; or 4.3.5 there has been a mistake on the pricing or description of the services.

4.4 When you place your order by confirming you wish to proceed with your purchase of the services, we will acknowledge it by email. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

4.4.1 a legally binding contract will be in place between you and us; and

4.4.2 we will provide the services as agreed during the online checkout process.

4.5 Where you are purchasing an annual gifting membership service from us, the services will be provided over the course of 12 months. You acknowledge and agree that:

4.5.1 the maximum gifting services that can be utilised in any 30-day period is five (5);

4.5.2 where the gifting services have not been agreed and allocated over the 12-month period, you agree to provide us with 30 days notice of when the gifting service will be required and any additional information we request in order to fulfil the services;

4.5.3 any gifting services that are not used within the 12-month period are forfeit and cannot be carried over to another year, refunded, transferred or otherwise dealt with unless agreed with us in writing and at our absolute discretion.

5. Right to cancel

5.1 You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you consented for us to start providing the services during the cancellation period and the services are fully performed during this period. This is further explained in clauses 5.5 and 5.6 below.

5.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract.

5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (for example, a letter sent by post or email) using the contact details at the top of this contract. You may use the model cancellation form available below, but it is not obligatory.

Cancellation form

To: Joanne Al-Samarae at Magpie & Co

Flat 4 Laurel Court, Laurel Road, Stockport, Cheshire, SK4 4PP, United Kingdom

joanne@magpieandco.com

I hereby give notice that I cancel my contract of sale for the supply of the gifting service ordered on [customer to insert purchase date].

Name of consumer(s): [customer to insert]

Address of consumer(s) [customer to insert]

Signature of consumer(s) (only if this form is notified on paper)

Date: [customer to insert]

5.4 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.

5.5 We will not start providing the services during the 14-day cancellation period unless you consent for us to do so. We will note in our correspondence with you that by paying our service fee you are consenting for us to provide the services during the cancellation period. By choosing to proceed with the services, you acknowledge and agree that you will lose your right to cancel this contract once the services are fully performed. If you do not consent, we will not be able to start providing the services to you until the cancellation period has expired. We are not obliged to accept your request.

5.6 This means that if you consented for us to start providing the services during the cancellation period and the services are fully performed during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

5.7 Once you have agreed to proceed with the services, we will provide you with suggested gift options curated based on our discussions. In the unlikely event you are unhappy with the gift options provided, we will provide you with a further set of suggested gift options. If you are still unhappy after the third round of suggested gift options has been provided, you agree to scheduling a call with us to discuss your requirements. We will then provide a final round of suggested gift options. If you are still unhappy after the fourth and final round of suggested gift options has been provided, the parties agree to terminate this contract and we will provide you with a refund of 50% of the price you have paid for the services.

6. Effects of cancellation

6.1 If you cancel this contract, we will reimburse to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:

6.1.1 for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or

6.1.2 the full price under this contract, if you lost your right to cancel this contract because the services were fully performed during the cancellation period.

6.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

6.3 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. Carrying out of the services

7.1 We must carry out the services by the time or within the period set out in the Confirmation Email (see clause 4.4). If you and we have agreed no time or period, this will be within a reasonable time.

7.2 In order for us to procure the item in the agreed time or period, or for the price we have quoted, we require you to attend to payment of the item within 24 hours of receiving our request for payment. If we do not receive payment within this time, we cannot guarantee the availability or the price of the item. In such circumstances, we will not be liable or responsible for any delay in procuring the item, any increase in the quoted price of the item, or any additional delivery charges incurred to receive the item within the agreed time or period. Where the item is not able to be purchased because of your delay in attending to payment, you will not be entitled to a refund for the services.

7.3 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed.

8. Payment

8.1 We accept the following payment options: credit cards, debit cards and bank transfer. We do not accept cash.

8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the services 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.

8.3 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

8.4 The price of the services:

8.4.1 is in pounds sterling (£) (GBP);

8.4.2 includes VAT at the applicable rate;

8.4.3 does not include the cost of the gifted item(s) or delivery costs, which will be charged in addition to the services.

9. Delivery

9.1 We use reputable couriers including DPD, Hermes and UPS to deliver the gifted item(s). We will advise you of your delivery options before you place your order.

9.2 The estimated date for delivery of the gifted item(s) will be set out in the Confirmation Email.

9.3 If something happens which:

9.3.1 is outside of our control; and

9.3.2 affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the gifted item(s). We will not be liable or responsible if delivery of the goods is not able to be affected, at all or by the agreed date, due to circumstances outside of our control.

9.4 Delivery of the gifted item(s) will take place when the goods are delivered to the address that you gave to us.

10. Nature of the goods

10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

10.1.1 are of satisfactory quality;

10.1.2 are fit for purpose;

10.1.3 match the description, sample or model.

10.2 Where you are unhappy with goods, you may have the right to return the goods you have purchased. Please refer to the returns and refunds policies of the relevant supplier or manufacturer of the goods, which will set out your legal rights in relation to returns and refunds of goods.

10.3 Please note that where you have purchased made to order, personalised or bespoke goods, you have the right to cancel your purchase only if the goods are faulty, defective or are not fit for purpose. Please refer to the terms of sale of the relevant supplier or manufacturer of the goods, which will set out your legal rights in relation to faulty or defective goods, or goods which are not fit for purpose.

10.4 We do not act as manufacturer, supplier or distributor for any of the goods we recommend in our gift options. As such, we are not responsible or liable for, and make no warranties as to, the suitability, quality, fitness for purpose, safety, legality or merchantability of any goods purchased.

11. Nature of the services

11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example

11.1.1 the services must be carried out with reasonable care and skill;

11.1.2 you must pay a reasonable price for the services, and no more, if you and we haven’t fixed a price for the services; and

11.1.3 we must carry out the services within a reasonable time, if you and we haven’t fixed a time for the services to be carried out.

11.2 For more detailed information on your rights and what you should expect from us, please:

11.2.1 contact us using the contact details at the top of this page; or

11.2.2 visit the Citizens Advice website www.citizensadvice.org.uk

11.3 We must provide you with services that comply with your legal rights.

11.4 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

11.5 Please contact us using the contact details at the top of this contract if you want:

11.5.1 us to repeat the services;

11.5.2 a price reduction.

12. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

13. 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 any

13.1.1 losses that:

(a) were not foreseeable to you and us when the contract was formed;

(b) were not caused by any breach on our part;

13.1.2 business losses; and

13.1.3 losses to non-consumers.

13.2 In relation to any goods purchased, we are not responsible or liable for, and make no warranties as to, the suitability, quality, fitness for purpose, safety, legality or merchantability of such goods.

13.3 We are not responsible or liable for death or personal injury in relation to use of the goods which is caused by the negligence of the supplier or manufacturer, their employees, agents or sub-contractors. Any such claims must be directed to the supplier or manufacturer, and we will not be a party to such claims.

14. 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 services;

14.2.2 our service to you generally; 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; and14.3.2 give you certain information required by law about our alternative dispute resolution provider.

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.

15. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

Corporate Gifting Terms & Conditions +

We are Joanne Al-Samarae, trading as Magpie & Co, a sole trader whose registered address is Flat 4 Laurel Court, Laurel Road, Stockport, Cheshire, SK4 4PP, United Kingdom.

We conduct the business of supplying corporate gifting consultancy (Services). The parties have agreed that we will supply services to you on the conditions sets out in these Terms.

1. Customer obligations

1.1 During the term of our arrangement, we agree to supply, and you agree to purchase, the Services on the terms set out in these Terms.

1.2 You will at all times and in all respects:

1.2.1 perform your obligations in accordance with these Terms;

1.2.2 co-operate with us to ensure compliance with these Terms and completion of the Services;

1.2.3 pay the Prices for the Services in accordance with the provisions of clause 5;

1.2.4 co-operate with us in all matters arising under these Terms or otherwise relating to the performance of the Services;

1.2.5 make the location where the Services will be provided accessible to us and our personnel as may be necessary for us to perform the Services and otherwise comply with our obligations under these Terms;

1.2.6 provide all relevant information, documents, materials, data or other items necessary for the provision of the Services (Customer Materials) to us in a timely manner;

1.2.7 inform us in a timely manner of any matters (including any health, safety or security requirements) which may affect the provision of the Services;

1.2.8 obtain and maintain all necessary licences, permits and consents required to enable us to perform the Services and otherwise comply with our obligations under these Terms.

2. Performance of the services

2.1 The Services will be deemed to have been completed in full and in accordance with these Terms (Completion) upon delivery of the Completion Note.

2.2 Following performance of the Services, we will provide written confirmation to you stating:

2.2.1 the categories, type and quantity of Services supplied; and

2.2.2 any special requests from you (the Completion Note).

2.3 Time of performance will not be of the essence. We will use our reasonable endeavours to perform the Services in accordance with any commencement or end dates specified for performance. Any Services which do not have specified commencement or end dates shall be performed by us within a reasonable period of time

2.4 We will not be liable for any delay or failure in Completion caused by:

2.4.1 your failure to make the location where the Services are to be provided available;

2.4.2 your failure to prepare the location as required for the supply and Completion of the Services;

2.4.3 your failure to provide us with adequate instructions for performance of the Services;

2.4.4 your failure to comply with the provisions of clause 1.2;

2.4.5 your failure to supply the Customer Materials in a timely manner; or

2.4.6 events outside of our control.

3. Warranty

3.1 We warrant that:

3.1.1 the Services shall be performed with reasonable care and skill within the meaning of the Supply of Goods and Services Act 1982, s 13;

3.1.2 the Services performed shall be free from material defects at Completion.

3.2 We will not be liable for any failure of the Services to comply with the provisions of clause 3.1 where the same arises directly or indirectly and whether in whole or in part as a result of:

3.2.1 your breach of any of your obligations under these Terms;

3.2.2 an event outside of our control;

3.2.3 any design, specification or requirement of yours; or

3.2.4 use of the Customer Materials.

3.3 Except as set out in this clause 3:

3.3.1 we give no warranty and makes no representations in relation to the Services;

3.3.2 we will have no liability for any non-compliance with the warranty in clause 3.1, and

3.3.3 the conditions implied by the Supply of Goods and Services Act 1982, ss 12–16 (inclusive) are expressly excluded.

3.4 You acknowledge that we are not and cannot be aware of the extent of any potential loss or damage to you resulting from any failure of the Services to conform to the specification, any delay in Completion or any failure by us to discharge our obligations under these Terms.

3.5 The provisions of this clause 3 set out your sole and exclusive remedies (howsoever arising, whether in contract, tort, negligence or otherwise) for any breach of clause 3.1 or defective performance of the Services.

4. Suspension of services

4.1 If we are prevented or delayed in performing the Services by any cause attributable to you, we (without prejudice to our other rights):

4.1.1 may suspend performance of the Services until you remedy your default;

4.1.2 will not be liable for any costs or losses sustained by you as a result of such suspension; and

4.1.3 may charge you (and you will pay under these Terms) costs or losses incurred by us arising from your default, subject to clause 6.

5. Price

5.1 The Prices are exclusive of:

5.1.1 the cost of the gifted items, which shall be charged in addition to our fees, and

5.1.2 the cost of delivering the items, which shall be charged in additions to our fees, and

5.1.3 VAT (or equivalent sales tax).

5.2 We will be entitled to be reimbursed by you for all out-of-pocket expenses incurred by us and our personnel in the proper provision of the Services, subject to the production of corresponding receipts, and we will include any such expenses on invoices rendered.

5.3 We may increase the Prices with immediate effect by written notice to you where there is an increase in the direct cost to us of supplying the relevant Services and which is due to any factor beyond our control.

5.4 The Fees will be payable in full within fourteen (14) days of the date of our invoice(s). We reserve the right to delay commencement of the Services, or to withhold delivery of any completed Services, until all Fees have been paid.

5.5 If you fail to make any payment due to us under these Terms by the due date of payment as noted on the invoice, we reserve the right to suspend our performance of the Services and terminate these Terms. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, you will be required to pay interest on the overdue amount at the rate of eight per cent (8%) per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.

5.6 You agree to pay all amounts due under this Agreement in full without any set-off, counterclaim, deduction or withholding (except as required by law). We may, at any time and without limiting our rights or remedies, set off any amount you owe us against any amount payable by us to you.

5.7 All payments are final and no partial or full refunds will be available except where permitted by law.

6. Limitation of liability

6.1 The extent of the parties’ liability under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 6.

6.2 Subject to clause 6.5, our total liability will not exceed the sum of our service fees as per our Services Agreement.

6.3 Subject to clause 6.5, neither party shall be liable for consequential, indirect or special losses.

6.4 Subject to clause 6.5, neither party shall be liable for any of the following (whether direct or indirect) loss of profit, loss of or corruption to data, loss of use, loss of production, loss of contract, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated), and harm to reputation or loss of goodwill.

6.5 Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:

6.5.1 death or personal injury caused by negligence;

6.5.2 fraud or fraudulent misrepresentation; or

6.5.3 any other losses which cannot be excluded or limited by applicable law.

6.6 The parties acknowledge and agree that our services are limited to the procurement of products. We are not manufacturers, distributors, suppliers of the products procured, nor agents acting on behalf of you as principal. As such, we give no warranty and make no representation in relation to the goods procured. We shall have no liability for any failure of the goods to meet the requirements as to material defects in design, material and workmanship, safety, fitness for purpose or satisfactory quality within the meaning of the Sale of Goods Act 1979.

7. Termination

7.1 Either party may terminate these Terms at any time by giving notice in writing to the other party if:

7.1.1 the other party commits a material breach of these Terms and such breach is not remediable;

7.1.2 the other party commits a material breach of these Terms which is not remedied within 14 days of receiving written notice of such breach;

7.1.3 any consent, licence or authorisation held by the other party is revoked or modified such that the other party is no longer able to comply with its obligations under these Terms or receive any benefit to which it is entitled.

7.2 Either party may terminate these Terms at any time by giving notice in writing to the other party if that other party:

7.2.1 stops carrying on all or a significant part of its business, or indicates in any way that it intends to do so;

7.2.2 is unable to pay its debts either within the meaning of section 123 of the Insolvency Act 1986 or if the non-defaulting party reasonably believes that to be the case;

7.2.3 becomes the subject of a company voluntary arrangement under the Insolvency Act 1986;

7.2.4 has a receiver, manager, administrator or administrative receiver appointed over all or any part of its undertaking, assets or income;

7.2.5 has a resolution passed for its winding up;

7.2.6 has a petition presented to any court for its winding up or an application is made for an administration order, or any winding-up or administration order is made against it;

7.2.7 is subject to any procedure for the taking control of its goods that is not withdrawn or discharged within seven (7) days of that procedure being commenced;

7.2.8 has a freezing order made against it;

7.2.9 is subject to any recovery or attempted recovery of items supplied to it by a supplier retaining title to those items;

7.2.10 is subject to any events or circumstances analogous to those in clauses 7.2.1 to 7.2.9 in any jurisdiction.

7.3 On termination of these Terms for any reason:

7.3.1 you will immediately pay all of our outstanding invoices;

7.3.2 we will promptly invoice you for all Services performed but not yet invoiced and payment for such invoices shall be due immediately on your receipt;

7.3.3 the accrued rights and liabilities of the parties (including any rights in relation to breaches of contract) shall not be affected.

8. General Provisions

8.1 These Terms constitute the entire agreement between us and you and supersedes all previous agreements, understandings and arrangements between us, whether in writing or oral in respect of its subject matter.

8.2 Nothing in these Terms purports to limit or exclude any liability for fraud.

8.3 No variation of these Terms will be valid or effective unless it is in writing, refers to these Terms and is duly signed or executed by, or on behalf of, each party.

8.4 We may at any time assign, sub-contract, transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of our rights under these Terms, provided that we give prior written notice to you.

8.5 Each party will pay all sums that it owes to the other party under these Terms without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.

8.6 The parties are independent and are not partners or principal and agent and these Terms do not establish any joint venture, trust, fiduciary or other relationship between us, other than the contractual relationship expressly provided for in it. Neither party shall have, nor shall represent that it has, any authority to make any commitments on the other party’s behalf.

8.7 These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

8.8 The parties irrevocably agree that the courts of England and Wales.

Rare Finds Terms & Conditions +

Please read the following important terms and conditions before you sign up for our services and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.

The Consumer Rights Act 2015 says:

you can ask us to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix it;
if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

This contract sets out:

your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.

In this contract:

‘We’, ‘us’ or ‘our’ means Joanne Al-Samarae; and
‘You’ or ‘your’ means the person purchasing services from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by email at joanne@magpieandco.com.

Who are we?

1. Introduction

1.1 If you buy services from us you agree to be legally bound by this contract.

1.2 When buying any services you also agree to be legally bound by:

1.2.1 our website terms and conditions and any documents referred to in them;

1.2.2 our privacy policy and any documents referred to in it; and

1.2.3 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice.

All of the above documents form part of this contract as though set out in full here.

2. Information we give you

2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3 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.

3. Your privacy and personal information

3.1 Our Privacy Policy is available at here.

4. Ordering services from us

4.1 Below, we set out how a legally binding contract between you and us is made.

4.2 You place an order with us by agreeing to proceed with the services via email communications with us. Please read and check your order carefully before agreeing to it.

4.3 We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.3.1 we cannot carry out the services;

4.3.2 we cannot authorise your payment;

4.3.3 you are not allowed to buy the services from us;

4.3.4 we are not allowed to sell the services to you; or

4.3.5 there has been a mistake on the pricing or description of the services.

4.4.1 a legally binding contract will be in place between you and us; and

4.4.2 we will provide the services as agreed during the online checkout process.

5. Right to cancel

5.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract.

Cancellation form

To Joanne Al-Samarae at Magpie & Co Flat 4 Laurel Court, Laurel Road, Stockport, Cheshire, SK4 4PP, United Kingdom

joanne@magpieandco.com

I hereby give notice that I cancel my contract of sale for the supply of rare finds sourcing ordered on [customer to insert purchase date].

Name of consumer(s): [customer to insert]

Address of consumer(s) [customer to insert]

Signature of consumer(s) (only if this form is notified on paper)

Date: [customer to insert]

5.4 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.

5.7 When you purchase our services, we will provide you with an estimated timeframe of when the rare finds item will be sourced. However, this estimate is a guide only and the timeframe of the item’s availability is wholly outside of our control. Where we cannot source the item within six (6) months of the end of the estimated timeframe, you may cancel the contract between us by providing us with 30 days’ notice in writing.

6. Effects of cancellation

6.1.1 for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or

6.1.2 the full price under this contract, if you lost your right to cancel this contract because the services were fully performed during the cancellation period.

6.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

7. Carrying out of the services

7.2 In order for us to procure the rare finds item in the agreed time or period, or for the price we have quoted, we require you to attend to payment of the item within 1 hour of receiving our request for payment. If we do not receive payment within this time, we cannot guarantee the availability or the price of the item. In such circumstances, we will not be liable or responsible for any delay in procuring the item, any increase in the quoted price of the item, or any additional delivery charges incurred to receive the item within the agreed time or period. Where the item is not able to be purchased because of your delay in attending to payment, you will not be entitled to a refund for the services.

8. Payment

8.1 We accept the following payment options: credit cards, debit cards and bank transfer. We do not accept cash.

8.3 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

8.4 The price of the services:

8.4.1 is in pounds sterling (£) (GBP);

8.4.2 includes VAT at the applicable rate;

8.4.3 does not include the cost of the item(s) or delivery costs, which will be charged in addition to the services;

8.4.4 does not include valuation costs, which will be charged in addition to the services.

9. Delivery

9.1 Where relevant, we use reputable couriers including DPD, Hermes and UPS to deliver the rare find item(s). We will advise you of your delivery options before you place your order.

9.2 The estimated date for delivery of the rare find item(s) will be advised to you when we have the item in our possession.

9.3 If something happens which:

9.3.1 is outside of our control; and

9.3.2 affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the rare find item(s). We will not be liable or responsible if delivery of the item(s) is not able to be affected, at all or by the agreed date, due to circumstances outside of our control.

9.4 Delivery of the rare find item(s) will take place when the goods are delivered to the address that you gave to us.

10. Nature of the goods

10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

10.1.1 are of satisfactory quality;

10.1.2 are fit for purpose;

10.1.3 match the description, sample or model.

10.4 We do not act as manufacturer, supplier or distributor for any of the goods we recommend in our gift options. As such, we are not responsible or liable for and make no warranties as to the suitability, quality, fitness for purpose, safety, legality or merchantability of any goods purchased.

11. Nature of the services

11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:

11.1.1 the services must be carried out with reasonable care and skill;

11.1.2 you must pay a reasonable price for the services, and no more, if you and we haven’t fixed a price for the services; and

11.1.3 we must carry out the services within a reasonable time, if you and we haven’t fixed a time for the services to be carried out.

11.2 For more detailed information on your rights and what you should expect from us, please:

11.2.1 contact us using the contact details at the top of this page; or

11.2.2 visit the Citizens Advice website www.citizensadvice.org.uk

11.3 We must provide you with services that comply with your legal rights.

11.4 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

11.5 Please contact us using the contact details at the top of this contract if you want:

11.5.1 us to repeat the services;

11.5.2 a price reduction.

12. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

13. Limit on our responsibility to you

13.1.1 losses that:

(a) were not foreseeable to you and us when the contract was formed;

(b) were not caused by any breach on our part;

13.1.2 business losses; and

13.1.3 losses to non-consumers.

13.2 We do not accept responsibility or liability for the rare find item. Specifically, we do not guarantee its authenticity, its veracity, its provenance, its source or any other factor contributing to its value or rarity. We strongly advise you to hire independent, third-party appraisers to provide the required documentation pertaining to the veracity of the item, and any queries regarding this should be directed to those third parties.

13.3 In relation to any goods purchased, we are not responsible or liable for, and make no warranties as to, the suitability, quality, fitness for purpose, safety, legality or merchantability of such goods.

13.4 We are not responsible or liable for death or personal injury in relation to use of the goods which is caused by the negligence of the supplier or manufacturer, their employees, agents or sub-contractors. Any such claims must be directed to the supplier or manufacturer, and we will not be a party to such claims.

14. 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 services;

14.2.2 our service to you generally; 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 give you certain information required by law about our alternative dispute resolution provider.

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.

15. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

Website Terms & Conditions +

WHO WE ARE AND HOW TO CONTACT US

www.magpieandco.com is a site operated by sole trader Joanne Al-Samarae (“We”). We are registered in England and Wales under company number 07397189000 and have our registered office at 4 Laurel Court, Laurel Road, Stockport, Cheshire, SK4 4PP. Our main trading address is 4 Laurel Court, Laurel Road, Stockport, Cheshire, SK4 4PP.

To contact us, please email us at joanne@magpieandco.com or via the Contact Us page on our website.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms refer to the following additional terms, which also apply to your use of our site:

our Privacy Policy, which sets out how we deal with your personal data;
our Cookie Policy, which sets out information about the cookies on our site.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these Terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in May 2020.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products or services, our users’ needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked sites or information you may obtain from them.

We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy, a copy of which is available here.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant to us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy below.

You are solely responsible for securing and backing up your content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy below.

If you wish to link to or make any use of content on our site other than that set out above, please contact us via email at joanne@magpieandco.com or via the Contact Us page on our website.

ACCEPTABLE USE POLICY

This Acceptable Use Policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage or disrupt:

any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.

Content Standards

These Content Standards apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The Standards apply to each part of any Contribution as well as to its whole.

We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

be accurate (where it states facts);
be genuinely held (where it states opinions);
comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

be defamatory of any person;
be obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be in contempt of court;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
impersonate any person, or misrepresent your identity or affiliation with any person;
give the impression that the Contribution emanates from us or our company, if this is not the case;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
contain any advertising or promote any services or web links to other sites.

Breach of this Policy

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Website Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our site;
immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.