Terms & Conditions
What Are Your Rights When Purchasing Online?
When purchasing goods or services online, this is deemed distance selling due to the fact our customers do not see and handle the products prior to purchasing. As a result, this is governed by two separate forms of legislature to the standard (and well-known) consumer rights, known as The Consumer Contracts Regulations (since June 2014) and The E-Commerce Regulations.
The Consumer Contracts Regulations apply to orders placed with Cosy Owl via the following mediums only:
- Directly through the website
- Communicated electronically (email)
- Processed verbally over the telephone
Within this article, we hope to clearly present the obligations of both parties (Cosy Owl as the ‘seller’ and yourself as the ‘buyer’) when entering into a sales contract with us.
What Information Must Cosy Owl Make Available Before Sale?
Business Name, Contact Details and Address
Volsom Ltd T/as Cosy Owl, Albert Road, Braintree, Essex, CM7 3JQ.
01376 560 348
enquiries@cosyowl.com
Also available in Contact Us
Description of Goods
We always try to make sure that all product images illustrated on Cosy Owl are current and accurately represent the product along with all technical data provided. However, very occasionally manufacturers will make slight amendments to the construction or appearance of a product – these changes do not alter the functionality of the product and will only present themselves as very minor aesthetic differences.
Total Price Including Taxes
In almost all cases, the prices for goods are displayed on the website. In some instances, you may need to telephone us for a price. Usually the price stated is that which must be paid for the goods supplied. On the rare occasion when a price is incorrectly stated on the website or quoted incorrectly, we will contact you to apologise and advise you of the error and indicate the actual price appropriate to those goods. Should you have already paid the price initially quoted; an option to have the amount paid refunded onto your debit/credit card will be provided. We will make every reasonable attempt to contact you to inform you of this change. If we are unable to contact you we may place the order on hold or cancel the order. If we cancel the order a full refund will be provided. All prices shown and quoted are inclusive of vat unless otherwise stated.
How a Customer Can Pay
Payment must be made when an order is placed and monies shall be processed immediately.
Cosy Owl accepts all major debit and credit cards with the exception of American Express, both through the website (PayPal*) or over the telephone (WorldPay*), PayPal account, PayPal Request, BACs, cash on collection. (*Subject to change without prior notice)
Delivery Arrangements
There is a default delivery period of 30 days during which Cosy Owl must deliver the goods to the customer unless a longer period has been agreed.
Cosy Owl is responsible for the condition of goods and services provided by the courier only until said goods are received by the customer or a nominated recipient (such as a neighbour).
Costs may vary if ordering goods for delivery abroad. For a quote please telephone 01376 560 348. Some areas of the UK and Ireland may incur additional delivery charges and you accept to pay these charges where required.
We ask you to understand that very occasionally deliveries may be late as a result of circumstances completely out of our control associated with the delivery services we employ. We cannot accept liability for any consequential cost that you may incur as a result of these unforeseen delays. Where we know of a potential delay we will try to inform you of this as soon as possible (the usual method of communication in this instance is via email). If goods do not arrive when expected, please telephone us to let us know. Where you have paid for a specific date for delivery and the goods do not arrive on or before that date, a refund of some or all delivery charges may be provided. Please see Delivery & Returns.
Order Amendments
Regrettably, once an order has been placed and confirmed, we are unable to make any amendments to the products or quantities on the order.
Cost of Calling Cosy Owl
We provide a geographical telephone number (01376 560 348) to all customers both pre- and post-sale. Please refer to your operator for your cost of calling geographical telephone numbers.
Conditions of Contract
Confirmation of your contract (order) must be provided either in durable (paper) form or via the represented medium, in the case of Cosy Owl, electronically. This will be provided via email upon checkout completion to the provided email address. Failure on the part of Cosy Owl to do so could result in your cancellation rights being extended by up to a year. Some email providers may filter this into junk or spam folders and it is the customer’s responsibility to locate this confirmation.
Cosy Owl shall not be liable for any failure to perform its obligations in cases where the failure was caused by matters beyond our reasonable control. We, Cosy Owl have the right to suspend or terminate any agreement if it appears to us in our absolute discretion that you, the customer have breached any part of that agreement.
The laws of England shall govern the contract between us and any dispute between us will be resolved exclusively in the courts of England.
In entering into a contractual agreement for the supply of goods, you (the customer) duly accept these Conditions.
Cancellation Form
Cosy Owl does not provide a form for cancellation as the customer is not legally obliged to use one. Please contact Cosy Owl’s customer service team on 01376 560 348 or via enquiries@cosyowl.com to initiate your request to cancel or return goods. Please see Cancellation Rights below.
Availability of Goods
We stock a considerable range of goods available for immediate purchase. Some items may be sent to you directly from the manufacturer and purchase of these goods may be subject to their available stock. If we are unable to send your goods within a reasonable time or when we have promised delivery, we will inform you as soon as possible and offer suitable substitute goods where available. A full refund will be provided if you have already paid for goods and you wish to cancel the order.
VAT Number
Registered in England and Wales with Limited Liability No: 07738645. VAT Registration No: 129 3265 12
This information is available to be emailed or printed directly from Cosy Owl for future reference or provided verbally over the telephone.
What Are Your After Sale Rights and Obligations?
Cancellation Rights
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform Cosy Owl, Volsom Ltd, Albert Road, Braintree, Essex, CM7 3JQ (01376 560348 – enquiries@cosyowl.com) of your decision to cancel this contract by a clear statement in the form of a letter sent by post or email.
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.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than A) 14 days after the day we receive back from you any goods supplied, or B) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or C) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Returns and Cosy Owl’s Right to Refund
The customer has 30 calendar days from ordering to request a return on eligible items (non-bespoke items previously stated). Please see Delivery & Returns.
Refunds will be issued within 14 calendar days of receipt of goods if in accordance with Cosy Owls terms & conditions of return (provided upon return request). Monies owed will only be reversed to the original payment source.
A deduction can be made if the value of the goods has been reduced as a result of the customer handling the goods. Cosy Owl refuse refunds on handled or used or otherwise damaged items. The extent to which a customer may handle goods is the same as if assessing the product in a shop.
In circumstances where a refund for the cost of original postage is due, the seller only must refund the basic delivery cost and not extra amounts paid by the customer for enhanced services such as next day carriage.
Cosy Owl is only responsible for the condition of goods up to the point they are received by the customer. It is the customers responsibility to check all goods upon receipt and/or prior to returning to Cosy Owl. Any unreported damage to goods will be deemed the responsibility of the customer.
In the event of goods received back damaged, Cosy Owl will assist in all matters relating to the customer pursuing a claim with their chosen courier.
Where customers have signed upon receipt for goods, they are accepting responsibility that goods are in a good condition. Subsequent claims of damage may not then be accepted. If damaged, goods must be signed for as damaged.
Please note, your legal right to cancel is not restricted by your right to return as this is permissable after the cooling off period of the legal right to cancel has expired.
Dispute Settlement
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at:
http://ec.europa.eu/consumers/odr/
We do not intend to participate in dispute settlement proceedings before a dispute resolution body.
Pre-Ticked Boxes
Cosy Owl does not participate in the practice of pre-selecting products for the customer in the form of pre-ticked boxes or pre-loaded baskets.
Faulty or Damaged Goods
You must check your goods upon delivery and in cases of damaged goods, this should be communicated to the delivery driver, signed for as ‘damaged’ and Cosy Owl notified as soon as possible.
Cosy Owl will not accept claims of damage to goods (this differs to faulty goods) raised after 30 days due to uncertainty regarding how the goods have been handled and where they have been stored.
Signing for goods as being in sound condition will impact any future claims of damage.
In cases where we advise you to return the goods, we will reimburse you for the delivery costs at the rate of standard Royal Mail parcel delivery. You will then have the option of accepting replacement goods, or receiving a full refund, including the initial cost of delivery.
Manufacturer’s Warranties
Cosy Owl acts as the customer’s point of contact only for warranties completed and returned to Cosy Owl. Where a warranty has been completed and returned directly to a third-party manufacturer, the customer is required to raise any warranty concerns directly with the manufacturer. Warranties are only honoured if all terms and conditions and stipulations have been adhered.
Exclusions of Liability
As per standard business practice applied to all retail services, Cosy Owl is not liable to fulfil any obligations towards you as a result of:
- Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost
- Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions
- Latent defects or inherent vice in the contents of the shipment
- Criminal acts of third parties such as theft and arson
- National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery
Our Technical and Sales team are always pleased to offer customers advice regarding the purchasing of candles and candle making accessories, but it must be indicated that this information is meant as guidance only. Cosy Owl cannot accept any responsibility if wrong items are ordered by the customer and/or misused. Cosy owl will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
Copyright
Copyright of all illustrations, images and designs found on our website is reserved. Persons acting individually or as part of an organisation must not use, reproduce, modify or distribute images or content on this website in any form without written permission from Cosy Owl.
English is the only language offered for the conclusion of the contract.
