1. This page (together with the documents referred to on it) tells you the terms and conditions on which products ordered by you, the user, via the website www.getitmade.com (the website) will be supplied by sellers on the website (Innovators). Please read these terms and conditions carefully before committing to buy any products from the website (Products). By committing to buy Products you agree to be bound by these terms and conditions (Terms of Sale). 2. Ordering products via the website creates a legally binding contract. You will have a legal obligation to pay for the products once the threshold for the products has been reached and you have accepted the Ready-to-Buy Notice (as described below), subject to certain rights to cancel set out below. The sale contract is between you and the Innovator. Getitmade acts only as a facilitator and as a marketplace through which payment is made, and has no liability or responsibility under any contract relating to products. 3. You should print a copy of these Terms of Sale for your records and for future reference. Information about your contract to buy Products4. When you commit to buy a Product on the website, you are confirming that you wish to buy that Product if a sufficient number of users (including you) have committed to buy so that it becomes economically viable to start manufacturing the Product (Threshold). An indicative Threshold figure is displayed on the website for the minimum number of orders of that Product, but that figure is just a guide, and the Innovator is not bound by it. After making the commitment to pre-order the products, you may to cancel the commitment at any time until you accept the Ready to Buy notice. See the section below headed "Cancelling your commitment to buy" for how to do this. 5. You are advised that when you commit to buy a Product which has not yet been manufactured and sold through the website (defined as a "New Product" below), that Product should be considered as being made to your specifications and the specifications of other users who have committed to buying that Product. This does not affect your statutory rights to return the Product if it is defective or does not match the description published on the website at the time the Ready-to-Buy Notice was sent (see paragraph 12 below). Full details of your rights to cancel the contract are set out below. 6. The description of the Product on the website, the number of Products you commit to buying, and the price of the Product listed in the Ready-to-Buy Notice, together with these Terms of Sale, constitute a legally binding contract once you click "PLACE PRE-ORDER" (Contract). 7. Your use of the website is subject to the Website Terms of Use, and the Innovator's use of the website is subject to the Terms of Use for Innovators, but that does not affect your obligations or the obligations of the Innovator under the Contract. 8. If you are not happy with any Product you receive because it is defective or does not match the description published on the website at the time the Ready to Buy Notice was sent (see paragraph 12 below), you should refer to the [REFUNDS POLICY] below. How the contract is formed9. After placing an order to purchase Product(s) you will receive an e-mail from Getitmade on behalf of the Innovator acknowledging receipt of your commitment to buy. When that email has been sent you will only be able to withdraw from the Contract by cancelling your commitment in accordance with the section below. 10. By committing to buy a Product through the website, you warrant that: - you are legally capable of entering into binding contracts
- you are at least 18 years old
- if you are buying on behalf of a company, LLP or other corporate entity, you have authority to act in that way.
11. The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when Getitmade (as the Innovator's agent who processes payment) receives full payment of all sums due in respect of the Products, including delivery charges. Cancelling your commitment to buy12. Your right to cancel depends on whether you are committing to buy a version of a Product which has not been supplied before (including a new iteration of an existing Product) (New Product), or whether it is for a Product of a type which has already been manufactured (Existing Product). 13. Where the Product you are committing to by is a New Product: a. you can cancel your commitment to buy at any time prior to the Threshold being met, by clicking "CANCEL PRE-ORDER" on the "My Account" section of the website. You will need to be logged in to the website to do this and you will receive a cancellation number by email that you should retain. b. when the Threshold has been met, getitmade will, on behalf of the Innovator, send an email to your registered email address (Ready-to-Buy Notice) which: (i) notifies you that the Threshold has been met; (ii) advises you of the estimated delivery date for the Product, and also states a "long-stop" delivery date by which the Product will be delivered; (iii) confirms the price of the Product; and (iv) gives you seven days to withdraw your commitment to buy the Product by emailing or writing to us as set out in paragraph (a) above. IF YOU DO NOT RESPOND TO THE EMAIL AND WITHDRAW YOUR COMMITMENT TO BUY THE PRODUCT, YOU WILL BE LEGALLY COMMITTED TO BUYING THE PRODUCT ON THE TERMS SET OUT IN THE READY-TO-BUY NOTICE 14. If you are contracting as a consumer, and you are committing to buy an Existing Product, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. You should send your cancellation notice to the INNOVATOR (NOT getitmade) at the address or email address included with the delivery or shipping note. In this case you will receive a full refund of the price paid for the Product in accordance with the Refunds Policy set out below. You must also return the Product to the Innovator immediately, in the same condition in which you received it, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product while it is in your possession. If you fail to comply with this obligation the Innovator may have a claim against you for compensation. 15. Your statutory rights are not affected by these terms and conditions. Availability and delivery16. The Innovator will use all reasonable commercial efforts to fulfil your order within the delivery period set out in the Ready-to-Buy Notice, unless there are exceptional circumstances. 17. The delivery charges payable by you will be as referred to in the Ready-to-Buy Notice. Refunds Policy18. DO NOT SEND RETURNS TO GETITMADE. GETITMADE DOES NOT ACCEPT RETURNS AND DOES NOT PROCESS REFUNDS. ALL RETURNS SHOULD BE SENT TO THE INNOVATOR AS DESCRIBED BELOW. 19. If you are a consumer and cancel a Contract in relation to an Existing Product within the seven-day cooling-off period referred to in paragraph [14], you should return the Product to the Innovator. The Innovator will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave notice of your cancellation. In this case, the Innovator will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to the Innovator. 20. When you return a Product for any other reason (for instance, because you claim that the Product is defective or does not match the contract specification), the Innovator will examine the returned Product and notify you of your entitlement to a refund via e-mail within a reasonable period of time. 21. The Innovator will refund any money due to you directly in the manner agreed between you and the Innovator, or failing such agreement by cheque. Price and payment22. The price of the Product will be as set out in the Ready-to-Buy Notice. The price includes applicable local sales taxes (such as VAT). Delivery costs will be calculated as set out in the ready to buy notice. 23. Payment for all Products must be through the approved payment method on the website. Payment will not be taken until seven days after the Product has reached the Threshold. Warranty24. The Innovator warrants that Products will be of satisfactory quality, will comply in all material respects with any description of them on the website at the time the Ready-to-Buy Notice is sent, and will be reasonably fit for the purpose for which they are intended, as indicated on the website at the time the Ready-to-Buy Notice is sent. 25. The Innovator may also provide an additional warranty (for example to repair or replace defective Products within a certain time period from delivery) as indicated on the website. 26. If you are a consumer, the above warranties do not affect your statutory rights. IF YOU ARE NOT A CONSUMER, THE ABOVE WARRANTIES ARE THE ONLY WARRANTIES THAT APPLY TO THE PRODUCTS AND ALL OTHER WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Liability27. The Innovator's liability for losses you suffer as a result of the Innovator breaking this agreement or being negligent in relation to the Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of the Innovator breaking the Contract or being negligent. Losses are foreseeable where they could be contemplated by you and the Innovator at the time the Product was dispatched by the Innovator. 28. Where you buy Products in the course of business, for example for the purposes of resale, the Innovator will also not be liable for any: - loss of profits, business, contracts, goodwill or anticipated savings
- third party claims
- loss or corruption of data.
29. Nothing in these terms and conditions will limit in any way: - the liability of the Innovator or getitmade for death or personal injury caused by negligence
- the liability of the Innovator or getitmade under section 2(3) of the Consumer Protection Act 1987
- the liability of the Innovator or getitmade for fraud or fraudulent misrepresentation.
30. You and the Innovator each acknowledge that getitmade is not a party to the Contract and, subject to paragraph 29, has no liability or responsibility under or in connection with it. Import duty31. If you order Products from the website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the Innovator has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 32. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. The Innovator and getitmade will not be liable for any breach by you of any such laws. General terms33. The Innovator will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract to the extent that such failure or delay is caused by events outside its reasonable control. 34. These Terms of Sale and any document expressly referred to in them represent the entire agreement between you and the Innovator in relation to any Contract and supersede any prior agreement, understanding or arrangement between you and the Innovator, whether oral or in writing. 35. Where a clause in these Terms of Sale refers to getitmade, getitmade can enforce and rely on that term directly. 36. Contracts for the purchase of Products through the website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. 37. You and the Innovator must use all reasonable endeavours to resolve disputes through the Dispute Resolution Procedure prior to commencing legal proceedings. You and the Innovator each acknowledge and agree that getitmade has no responsibilities under the Dispute Resolution Procedure. Last updated: edited |