Terms & Conditions
Before you place an order on our website you will be asked to agree to these terms & conditions of sale, together with our privacy policy. This agreement will be continued on every order placed.
It is REALLY important that you
- read these terms and condition before placing an order
- read our privacy policy
- retain a copy for your records
Placing an Order
Until we accept your order there will be no contract between you ‘ The Customer’ and ‘The Wonky Tree’.
Please also note our rules & restrictions in relation to our Handwriting Services, which for the avoidance of doubt have also listed below.
Handwriting Services – Rules & Restrictions
We do not allow our handwritten card services to include any content or material detailed below, and reserve the right to cancel the order should we feel that your request gives the impression that the content has been approved by The Wonky Tree.
- could be deemed false, inaccurate, offensive, misleading, abusive, defamatory or threatening, or that might cause needless annoyance, inconvenience or distress to any person
- could misrepresent or impersonate any person(s)
- could be deemed as pornographic or obscene, use indecent or offensive language including discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that might incite hatred or violence against any person or group
- could harass, upset, embarrass or alarm any person
- may advocate, promote or assist any unlawful act
Product Pricing and Payment
All prices for our products are as quoted on the website. However, due to the large number of products available there may be some prices which are incorrect. All pricing will be confirmed as part of the purchasing procedure to ensure the correct price will be shown when you are at the checkout stage.
Our product prices do not include delivery costs, and delivery charges will be added once at checkout stage.
Payment will be requested upon submission of your order. Our payment provider is Stripe and can be made via credit/debit card. Until payment is received your order will be held, and we reserve the right to cancel the order & contract between you ‘The Customer’ and ‘The Wonky Tree’ should payment not be received in a timely manner and no later than 5 working days.
NOTE: Our prices are subject to change at any time, however this will not affect any purchases that have already be submitted and acknowledged.
Charge Backs
Should you dispute any payment made to ‘The Wonky Tree’, please review the information below before proceeding:
- you must have been legally capable of placing an order and entering into a contract which is agreement to these terms & conditions and be over the age of 18
- that your order was correct and was checked prior to placing
- the details of delivery were correct, and delivery could be accepted
If you have answered yes to the 3 points above and want to continue with a payment dispute/charge back then please ensure that you contact us immediately in writing setting out the full details of your claim. However, please note:
- Should you use an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back, an amount equal to the amount of the charge-back.
- ‘Without Prejudice’: should an unjustified credit card, debit card or other charge-back be submitted, then we may terminate any contracts between you ‘The Customer’ and ‘The Wonky Tree’ by providing written notice of termination.
- Should you make a charge-back as a result of failing to recognise your purchase details on your card statement or other financial statement then this would be deemed as an unjustified charge-back and the process was be that of point 1 of this section.
Delivery
Delivery of products will be to the address or addresses (if multiple addresses selected) as detailed on your order. We endeavour to deliver products within 14 days of the date of our order acknowledgement.
We cannot, however, guarantee delivery by the relevant date but we can guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days from receipt of payment and the date of our order confirmation.
“Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
Under the Distance Selling Regulations, you are able to cancel a distance contract when purchasing any product from us within 7 working days after the day that you receive your order (subject to the stipulations below). Written notice of cancellation will be required in order to cancel a contract in this way.
You do not have the right to cancel the contract if this relates to:
- any products that are clearly personalised (handwritten service included)
- any products which by reason of their nature are unable to be returned as they may be liable to deteriorate or expire quickly
Should you choose to cancel your order on this basis, you must return the products to us promptly and in the same condition in which you received them, you will be responsible for paying the full cost of the return. Should additional postage payment be required by ‘The Wonky Tree’ upon receipt of your return then we reserve the right to reclaim this by means of deducting from the refund amount due to you ‘The Customer'. We would strongly recommend proof of postage. Once goods have been received at ‘The Wonky Tree’ you will be refunded in full (including delivery charges).
NOTE: Should you choose and inform ‘The Wonky Tree’ that you would like to cancel your order on this basis, but the goods are not returned then no refund will be issued.
Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Refunds
Should you cancel the purchase and are entitled to a refund we will usually refund any funds received from you using the same method originally used by you to pay for your purchase. Processing of refunds will be carried out as soon as possible, but no later than 30 days from the day we received your valid notice of cancellation. Please see our delivery & returns for further information.
Limitations and exclusions of liability
Nothing in the terms of sale will:
- limit or exclude the liability of a party for death or personal injury resulting from negligence.
- limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party.
- limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987.
- limit any liability of a party in any way that is not permitted under applicable law.
- exclude any liability of a party that may not be excluded under applicable law.
Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The Wonky Tree will not be liable to you ‘The Customer’ in respect of any losses arising out of any event or series of events beyond our reasonable control.
General terms
All personal information that we collect in connection with your order will be treated in accordance with the terms of our privacy policy.
From time to time these terms & conditions may be subject to change, but such changes will not affect the terms & conditions of any purchase which we have already entered into with you. We would suggest that you print off or save a copy of the terms & conditions to which you have placed your order.
Currently, we only provide a copy of our Terms & Conditions in English.