Terms of Sale 

It is important that you read these Website Terms of Sale ("Terms of Sale") carefully before ordering any products from our Website ("Product(s)") and ensure you understand them.

We are MARMALADE SKIES DESIGNS LTD, a company registered in England and Wales at Companies House. Registered Number: 14572607 Our registered Office is at 1 Stanley Cottages, The Street, Binstead, Alton, GU34 4PF, United Kingdom

If you have any questions about these Terms of Sale, please contact our Website Customer Service department at admin@marmaladeskiesdesigns.co.uk. Our team are available from 9am to 5.00pm GMT Monday to Friday.

Please note that before placing an order with us (“Order”), you will be asked to agree to these Terms of Sale by ticking a box just before you checkout. Please understand that if you refuse to accept these Terms of Sale, you will not be able to order from our Website.

We suggest that you print a copy of these Terms of Sale or save them to your computer for future reference.

Ordering and Shipping Information

Please make sure the email address you provide us with is correct and your mailbox is in proper working order. All Order confirmations and acceptances are sent to that email address. Please check any spam or junk folders you may have for Order communications. 

Please note that:

  1. Only persons over 16 years old are permitted to register for an account with Marmalade Skies Designs, under 16 should not attempt to submit any personal information to us.

  2. For delivery information, including costs, please see our delivery quote at the checkout page.

  3. Whilst we try to ensure that all details (including prices) displayed on this Website are correct and up to date, we have a large number of products on our Website and sometimes products may be incorrectly priced. You must ensure that prior to placing an Order, you have checked all relevant details about the Products you have selected as their relevant details may have changed since you last visited this Website. Product prices shown on the Website may change from time to time, for example, if the Product you are ordering is subject to a promotional discount or offer which is either applied or withdrawn during the selling period. Please note if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the relevant products to you at the incorrect (lower) price.

  4. All Products displayed on this Website are subject to availability and all orders are subject to acceptance.

  5. All prices do not include delivery charges which will be added to your total prior to you placing your Order.

  6. Your payment card will be debited on despatch of your items but we may pre-authorise your card when you place the order.

 Orders are submitted via the Website in the following way:

  • Once you are ready to make a purchase, click on 'Add To Cart' to add the Product you wish to purchase to your Shopping Bag. Then proceed by clicking 'Checkout' to log into our secure servers to complete your Order.

  • You will be asked for your email address to proceed. At this point, you do not have to create an account with us but we require an email address to process your Order.

  • If you have already registered with us you may enter your sign-in details to access your account.

  • You will be required to enter your delivery and billing address details if this is your first Order or do not have an account. If you have an account, you can use the address details from your account or add a new delivery address. You will then be required to enter your payment details. We currently cannot store payment details, so you will need to enter these each time you place an Order.

  • If any delivery charges are payable these will then be added to the amount you will be charged for your Products. Before checking out, you must confirm you wish to make an Order and accept these Terms of Sale.

  • Once you have completed your Order, you may create an account with us, which requires a password. You must keep this password confidential and must not disclose it or share it with anyone else. The address that you register with must be the address that your payment card statement is sent to, however you can use a different shipping address.

  • Once you submit your Order, we will usually then send you a confirmatory email to acknowledge that we have received your Order and that your Order has been accepted by us (“Confirmation”). At this point of delivery of such Confirmation, the contract between us ("Contract") is formed and we will process the payment details you have given to us to take payment for your Order.

  • You will receive a further email from us confirming despatch of the Product(s) to the shipping address you have requested.

  • You should check each email for accuracy and let us know immediately if there are any errors.

  • When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order. Prices are checked regularly. However, if we find the price has changed, or that there has been a pricing error when we receive your Order, we will contact you and ask if you wish to proceed with the Order at the correct price.

  • If there are any problems with your Order (for example, we don’t have the products you wanted in stock, we can only fulfil part of your Order, or we find the price has changed), you will be contacted by a Marmalade Skies Designs representative.

  • If you have any problems with your Order, please contact us at admin@marmaladeskiesdesigns.co.uk. Our team are available from 9am to 5.00pm GMT Monday to Friday.

Please be advised that we are unable to rectify mistakes you have made on your Order so do check it carefully before checking out. Please see the section below for your rights to cancel.

Delivery

The images of the products on the Website are for illustrative purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.

Any products purchased must not be made available for resale.

Products

Please see our Delivery Charges for details of delivery costs and times depending on your location. We will arrange for delivery of the products and aim to deliver your order by the timing for your selected delivery method.

Ownership of the Product(s) will pass to you on delivery.

Cancellation Rights and Returns Policy

Right to change your mind

In addition to your other legal rights, you have the right to cancel the Contract (other than in relation to personalised or other products which we have specified as non-returnable, such as unsealed products) and receive a refund from us. Your right to cancel a Contract starts on the date you receive your Confirmation email from us and ends 14 days after the date of delivery of each Product included in that Confirmation. You then have a further 14 days to return any cancelled Products back to us.

The easiest way to exercise your right of cancellation, is to by emailing: admin@marmaladeskiesdesigns.co.uk within the above-mentioned timeline. It would help us if you provide the date of Order and Order number, as well as your name and address to ensure we identify the Order correctly. You must ensure that you take reasonable care of the Product(s) up to the point of their return to us.

Damaged Or Defective Products

We are under a legal duty to supply products in conformity with the Contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These rights are not affected by anything else in these Terms of Sale.

You should inspect the Product(s) when you receive them for defects or damage. Once received, Products which are not of satisfactory quality, not as described or which have been damaged, may be returned for a full refund. Simply return the items in their original condition and packaging if possible within 30 days of receipt. You must ensure that you take reasonable care of the Product(s).

If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any shipping charges you paid, provided that you have not worn or used and damaged the Product(s).

Returns Policy

We regret that it is not currently possible to exchange an item via our Website.

Where you paid for Products by payment card, we will re-credit the account that card is associated with. If we are unable to do this, we will contact you.

Please allow up to 14 days for your refund to be processed from the day you return the Product(s). No refunds for delivered Products will be made until we have received the relevant products.

The address to return the Product(s) to us is our warehouse address which is:

MARMALADE SKIES DESIGNS

1 Stanley Cottages

The Street

Binstead

Hampshire

GU34 4PF

United Kingdom

Other information you need to be aware of:

I. Our liability to you

Nothing in these Terms of Sale excludes our liability (if any) to you for:

  • personal injury or death resulting from our negligence;

  • fraud;

  • any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We will only be liable to you for direct losses which you suffer as a result of a breach of these Terms of Sale by us and which are a ‘foreseeable’ consequence of us breaching these Terms of Sale. Losses are ‘foreseeable’ where they could be contemplated by you and us at the time your Order is accepted by us.

We only supply products for domestic and private use. Accordingly, we shall not be liable to you for any loss of data, loss of profit or business interruption or for any business losses that you may incur as a consequence of our failure to comply with the Contract.

We shall not be responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event beyond our reasonable control. This condition does not affect your legal rights.

If any event beyond our reasonable control takes place that affects our performance of our obligations, we will notify you as soon as possible and our obligations under these Terms of Sale will be suspended and the time for performance extended for the duration of the event outside our reasonable control.

II. If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale, which shall remain unaffected.

III. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.

IV. The Contract and all communications between us will be conducted in English.

V. The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of England and Wales.

VI. If you have a complaint relating to these Terms of Sale we will attempt to resolve the complaint using our internal complaints-handling procedure which you can initiate by emailing admin@marmaladeskiesdesigns.co.uk. If the process is exhausted and the complaint is not settled in this way, you may make a request to us for the dispute to be settled by mediation through The Retail Ombudsman. If you make such a request, we shall consider whether or not we wish to use The Retail Ombudsman to try to resolve the dispute, but we are not obliged by law to do so.

If we agree to submit a dispute to The Retail Ombudsman, we will notify you and you may (i) complete the online form on the Retail Ombudsman website (https://www.theretailombudsman.org.uk/dashboard/create-claim.php) or (ii) post your complaint using a paper form (https://www.theretailombudsman.org.uk/assets/documents/retail-ombudsman-complaint-form.pdf) to The Retail Ombudsman, 33rd Floor Euston Towers, 286 Euston Road, London NW1 3DP.

Further information on the Retail Ombudsman can be found at: http://www.tradingstandards.uk/templates/asset-relay.cfm?frmAssetFileID=77012

VII. The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Sale or use of the website. However, this does not prevent residents of Northern Ireland, Scotland or Europe from starting proceedings in their own local courts.

This current version Terms of Sale Became Effective as of January 2022.