These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by The Legacy Letter Co (“Us”) to consumers through this website, (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|“Contract”||means a contract for the purchase and sale of Goods, as explained in Clause 5;|
|“Goods”||means the Letters and any other products sold by Us through Our Site. This includes the ongoing storage fee taken every year;|
|“Goodwill Guarantee”||means the goodwill guarantee offered by Us which exists to enhance the legal rights of Our customers in the United Kingdom to change their mind and return Goods to Us;|
|“Order”||means your order for Goods;|
|“Order Confirmation”||means our acceptance and confirmation of your Order;|
|“Order Number”||means the reference number for your Order; and|
|“We/Us/Our”||means The Legacy Letter Company|
2. Information About Us
Our Site, Thelegacyletterco.com, is owned and operated by The Legacy Letter Co
3. Access to and Use of Our Site
3.1 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.2 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Goods, Pricing and Availability
4.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
4.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
4.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
4.2 Please note that sub-Clause 4.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 8 if you receive incorrect Goods (i.e. Goods that are not as described).
4.3 Minor changes may, from time to time, be made to certain Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
4.4 We may from time to time withdraw certain products from sale. If any Goods purchased by you (whether as a one-off purchase or by subscription) are likely to be affected by such withdrawal, We will inform you in writing at least 10 days in advance. You will be refunded in full for any Goods paid for that you will not receive due to their withdrawal. Refunds will be made within 21 calendar days of the date in which we withdraw the product, using the same payment method that you used when ordering the Goods.
4.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 4.8 regarding VAT, however).
4.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 working days, We will treat your Order as cancelled and notify you of this in writing.
4.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
4.8 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
5. Orders – How Contracts Are Formed
5.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
5.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
5.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
5.4 Order Confirmations shall contain the following information:
5.4.1 Your Order Number;
5.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
5.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
5.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 working days.
5.6 Any refunds due under this Clause will be made using the same payment method that you used when ordering the.
6.1 Payment for Goods and related delivery charges must always be made in advance. This includes storage payments.
6.2 If you do not make any payment due to Us we will send you an email reminding you that it is due. If you still have not made payment within 14 days of Our reminder, We may suspend or cancel the Contract.
6.3 If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know.
7. Delivery, Risk and Ownership
7.1 All Goods purchased through Our Site will normally be delivered as follows:
7.1.1 Goods will be delivered within 30 days of the date your nominated Trustees exercise the release of your letter.
7.2 In some limited circumstances We may need to suspend the delivery of Goods to you for one or more of the following reasons:
7.2.1 To fix technical problems with the Goods or to make necessary minor technical changes;
7.2.2 To update the Goods to comply with relevant changes in the law or other regulatory requirements;
7.2.3 To make more significant changes to the Goods, as described above in sub-Clause 4.3.
7.3 Delivery shall be deemed complete and the responsibility for the Goods will pass to the recipient once We have delivered the Goods to the address you have provided.
7.4 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges) for those Goods.
7.5 Any refunds due under this Clause will be made using the same payment method that you used when ordering the Goods.
8. Faulty, Damaged or Incorrect Goods
By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods your intended recipient receives do not comply and, for example, have faults or are damaged when they receive them, or if they receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. The available remedies will be as follows:
8.1 Refunds (whether full or partial, including reductions in price) under this Clause will be issued within 21 calendar days of the day on which We agree that you are entitled to the refund.
8.2 Any and all refunds issued under this Clause will include all delivery costs for the affected Goods.
8.3 Refunds under this Clause will be made using the same payment method that you used when ordering the Goods.
8.4 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Cancelling and Returning Goods if You Change Your Mind
9.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
9.2 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
9.3 Refunds under this Clause will be issued to you within 21 calendar days of the following of you cancelling the Contract.
9.4 Refunds under this Clause will be made using the same payment method that you used when ordering the Goods.
10. Your Other Rights to End the Contract
10.1 You may end the Contract at any time if We have informed you of a forthcoming change to the Goods that you do not agree to, as described in sub-Clause 4.3.
10.2 If you no longer wish for your intended recipient(s) to receive Goods from Us and wish to end your storage payments you may do so by contacting Us as described below. Your cancellation will be effective as soon as We receive it.
10.3 You also have a legal right to end the Contract at any time if We are in breach of it. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
10.4 If you wish to exercise your right to cancel under this Clause, you may do so by contacting Us directly to cancel, please use the following details:
10.4.1 Telephone:0333 34 75 65;
10.4.2 Email: email@example.com;
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
10.5 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
11. Our Liability to Consumers
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
11.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
11.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 We will take all reasonable steps to minimise the delay;
12.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
12.2.5 If an event outside of Our control occurs and continues for more than 6 months and you wish to cancel the Contract as a result, you may do so in any way you wish.
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 21 days of the date on which the Contract is cancelled.
13. Complaints and Feedback
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 If you wish to complain about any aspect of your dealings with Us, please contact Us by email, addressed to Complaints Department at firstname.lastname@example.org.
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
14.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
14.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
14.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
15. Law and Jurisdiction
15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
15.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
15.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.