Terms & Conditions

Our terms
 

1.              These terms

1.1            What these terms cover. These are the terms and conditions on which we supply products to you, whether these are products or services.

1.2            Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us  to discuss.
 

2.              Information about us and how to contact us

2.1            Who we are. This business is operated by Justyna Waskiewicz trading as Terramily of 64A Cumberland Street EH3 6RE Edinburgh (“We”, “us”, “our”).

2.2            How to contact us. You can contact us by writing to us at hello@terramily.co.uk

2.3            How we may contact you. If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.

2.4            "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
 

3.              Our contract with you

3.1            Guest check-out. You will not need to register an account but you will be required to go through a Guest check out if you wish to purchase any of our skincare products and/or our Crafts Workshop. . To place an order, you will be required to complete the details via Guest check-out . You hereby represent to us that all information submitted to us during the registration is accurate and true.

3.2            How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.3            If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your payment was declined, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.4            Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5            We currently only sell to the UK Our website is solely for the promotion of our products in the UK. Unfortunately, we do not currently accept orders deliver to addresses outside the UK.
 

4.              Our products

4.1            Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2            Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
 

5.              Your rights to make changes

If you wish to make a change to your order, please contact us as soon as possible by emailing hello@terramily.co.uk . We will let you know if the change is possible. If the change is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - Your rights to end the contract).
 

6.              Our rights to make changes

6.1            Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.

6.2            Changes to these terms. We keep these terms under regular review. This version was last updated on 25 March 2022. We reserve the right to change these terms at any time by posting revisions to this website.
 

7.              Intellectual Property; Licence Restrictions

7.1            We are the owner or the licensee of all intellectual property rights in our website, in the material published on it, all of our publications and visual representations and designs whether published online or on our products (Our IP). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. If you print off, copy or download any part of Our IP, your right to use our site and products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7.2            Prohibited actions. You agree that you will:

(a)        not use any part of Our IP for commercial purposes without obtaining a written licence to do so from us;

(b)       not attempt to replicate our products nor present yourself as having the right to do so and/or distribute our products to any third parties;

(c)        not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, our website in any form, in whole or in part, to any person without prior written consent from us;

(d)       not copy our website except as part of the normal use of our website or where it is necessary for the purpose of back-up or operational security;

(e)        not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of our website nor permit our website or any part of it to be combined with, or become incorporated in, any other programs, applications or digital content;

(f)         not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of our website;

(g)        not attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of our website;

(h)       not access or use the source code of our website; and

(i)         comply with all applicable technology control, export control and trade sanctions laws and regulations relating to our website.

7.3            Acceptable use restrictions. You must not (or permit or assist others to):

(a)        use our website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, 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;

(b)       use our website in a way that could damage, disable, overburden, impair or compromise our website or our systems or security or interfere with other users of our website;

(c)        collect or harvest any information or data from our website or attempt to decipher any transmissions to or from the servers running our website;

(d)       infringe Our IP or any intellectual property rights of any third party in relation to your use of our website, including by the submission of any content or material (to the extent that such use is not licensed by these terms); or

(e)        breach any of the user content rules in clause 3.5 – Reviews, or treat, interact with, or communicate with any user of our website or our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory.

7.4            We do not guarantee the availability of our website. We will use reasonable skill and care to provide our website to you and to keep it safe, secure and error-free but we do not promise that your use of our website will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of our website to you, but we do not guarantee 100% availability. For example, our website may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures. In addition, our website might share blogs and posts in collaboration with third parties, however, we do not take any responsibility for the shared links and third party websites, including the use of any third party intellectual property.
 

8.              Providing the products

8.1            Delivery. The shipping and delivery to you will usually be managed by Royal Mail and orders and will be sent by second class standard delivery. We may on occasion choose a different delivery method in our absolute discretion and without needing to give you notice. Unless we say otherwise, the delivery timescales on website are estimates only.

8.2            Delivery costs. The costs of delivery are charged extra and will be as advised when you place an order. We offer free delivery on orders above £37.00. Any orders under £37.00 will be subject to a fixed shipping charge of £3.90 as shown on your order. Free collection is available from Art & Croft Collective, 93 Causewayside, EH9 1QH in Edinburgh between Tuesday to Sunday, 11:00 – 16:00 upon your receipt of written confirmation from us that the order is ready for collection.

8.3            When we will provide the products. During or shortly after the order process we will let you know when we will provide the products to you. We aim to dispatch the orders within 24-48 hours from the date of order being processed.  Time of delivery is not of the essence.

8.4            We are not responsible for delays outside our control or where you have failed to supply us with adequate delivery instructions. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. We are not responsible for delays where you have failed to supply us with adequate delivery instructions.

8.5            When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us, whether delivery is accepted by you personally or left in a previously arranged safe place.

8.6            When you own products. You take ownership of the products once we have received payment in full.

8.7            Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)        deal with technical problems or make minor technical changes;

(b)       update the product to reflect changes in relevant laws and regulatory requirements;

(c)        make changes to the product (see clause 6).

8.8            Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days, you may contact us to cancel your order and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
 

9.              Your rights to end the contract

9.1            You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)        If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;

(b)       If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.9;

(c)        If you are a consumer and you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any products.  

9.2            If you are ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately, and we will refund you in full for any products which have not been provided. The reasons are:

(a)        we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2)

(b)       we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

(c)        there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)       we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

(e)        you have a legal right to end the contract because of something we have done wrong.

9.3            Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights are under the Consumer Contracts Regulations 2013 and these terms comply with them.

9.4            When consumers don't have the right to change their mind.  You do not have a right to change your mind in respect of:

(a)        products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(b)       any products which become mixed inseparably with other items after their delivery.
 

10.           How to end the contract with us (including if you are a consumer who has changed their mind)

10.1         Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at hello@terramily.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

10.2         Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must send off the products within 14 days of telling us that you wish to end the contract by email.

10.3         When we will pay the costs of return. We will pay the costs of return:

(a)        if the products are faulty or misdescribed; and

(b)       if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong

10.4         How we will refund you.  We will refund you the price you paid for the products but not the delivery cost for return. However, we may also make deductions from the price, as described below in 12.4.

10.5         When your refund will be made. We will make any refunds within 7 working days after the products are received.

10.6         You must compensate us if you break the contract. We may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
 

11.           Our rights to end the contract

11.1         We may end the contract if you break it. We may end the contract for a product at any time by writing to you if your payment fails or is recalled for any reason or you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

11.2         We may withdraw the product. We will notify you if you have made an order to let you know that we are going to stop providing the product and will refund any sums you have paid in advance for products which will not be provided.
 

12.           If there is a problem with the product

12.1         How to tell us about problems. If you have any questions or complaints about the product, please contact us in the first instance. You can write to us at hello@terramily.co.uk.

12.2         Complaints. If you wish to make a complaint, please email at hello@terramily.co.uk and we will provide you with a complaint pdf form to complete before reviewing your case. Please note the review of the case can take up to 5 working days.

12.3         Damaged products. If you have received an order with damaged products, please report within 48 hours by emailing a photo of the damaged products to hello@terramily.co.uk. We will process your request within 5 working days, and issue with a return label so that you can return the order. Please note that these returns must be made within 14 working days from the date of receipt of your order and you can choose to either request a full refund or we can resend the order free of charge.  

12.4         Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us as outlined in the return instructions supplied with them. If there are no return instructions, please return the rejected products within 14 days from receipt of the order and email us at hello@terramily.co.uk with a proof of postage or tracking number. Please note that you will remain responsible for the postage and will be subject to 10% transaction fee.  Alternatively, you may also return your order to the  Art & Craft Collective, 93 Causewayside, EH9 1QH,Edinburgh  between Tuesday to Sunday, 11:00 – 16:00, where returns can be processed. Please note that if purchase was made online, refunds will not be issued at the Art & Craft Collective but processed in accordance with this clause within 7-10 working days.
 

13.           Price and payment

13.1         Where to find the price for the product. The price of the product (which, when stated on our website, includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

13.2         We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

13.3         What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

13.4         When you must pay and how you must pay. We accept payment with Visa, Mastercard and Apple Pay, Stripe, Paypal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
 

14.           Your obligations and exclusion/limit of liability

14.1         We cannot accept liability for allergic reactions and you must check our ingredients lists for items that you are allergic.

14.2         We do not sell products that purport to be medical treatments, if you are suffering from a medical condition you should always consult your GP or dermatology specialist. You should consult your doctor or dermatologist before engaging in a new skincare routine.

14.3         The content on our website and/or our social media posts is provided for general information purposes only and is not intended to diagnose, prevent or treat any medical condition or to be used as a substitute for medical advice and we make no guarantees that any particular wellness objectives will be achieved by using the products.

14.4         Customer feedback is provided voluntarily, and as such it is based on individual perception and expectations from a particular product.

14.5         Our recommendations are based on the advice of qualified alternative therapy practitioners and widely accepted facts about a particular natural ingredient. If we give any advice this should only be treated as general guidance and not medical advice. You should consult your doctor or dermatologist before engaging in a new skincare routine. 

14.6         Natural skin care products are not a medication, and we can only make recommendation for suitability of our products in certain skin ailments & conditions. You are responsible for carefully reading the ingredients on the product label or leaflet to avoid the risk of allergic or other adverse reactions.

14.7         By purchasing our products you recognise and accept the fact that that some natural ingredients, essential oils in particular, may still cause sensitivity in susceptible individuals and that we  will not be held responsible for such occurrences. We encourage those with sensitive skin to select our unscented products or purchase tester pots where applicable and performing a patch test on the skin for possible reactions.

14.8         We accept no responsibility for incorrect use of information or products.
 

15.           Our responsibility for loss or damage suffered by you

15.1         If you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2         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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987
 

16.           Personal information

16.1         How we may use your personal information.  We will only use your personal information as set out in our Privacy Policy.
 

17.           General

17.1         We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

17.2         You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3         Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4         If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5         Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17.6         Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.