Please read these terms and conditions carefully as they affect your rights and liabilities under the law and set out the terms under which we make our goods available to you.
1.1 ‘We’, ‘us’ or ‘our’ is a reference to Shut Up Ltd., and ‘you’ or ‘your’ is a reference to the person or entity to whom we are supplying goods and who is required to pay for the goods we supply.
1.2 By placing an order with us you are offering to purchase goods on and subject to the following terms and conditions. You agree to be bound by all the provisions set out in these terms and conditions. Any order accepted by us is to be deemed to incorporate these terms and conditions.
1.3 No variation or amendment that you make to the terms and conditions shall be binding on us unless explicitly accepted by us in writing. We reserve the right to vary or amend the terms and conditions at any time prior to our acceptance of your order and you will be given the opportunity to agree to any variations or amendments.
2 The contract between us
2.1 Your order constitutes an offer made to us to purchase goods as specified in your order. You can make an order on our website, by emailing us or on our Amazon store.
2.2 Once you place your order on our website you will receive an automated email acknowledging that your order has been placed sent to the email address you provide in your order. We will then contact you by email again to let you know once your order is confirmed. This confirmation email will confirm our acceptance of your order which brings into existence a legally binding contract between us.
2.3 For all other orders other than on our website we will contact you by email at the email address you provide in your order to confirm our acceptance of your order which brings into existence a legally binding contract between us.
3 Pricing and payment
3.1 The prices payable for goods and the descriptions and specifications of those goods that you order are as set out in our website.
3.2 We endeavour to set out and display accurate and up to date prices, however, there may be occasions where the price is incorrect due to an error or due to changes in our suppliers’ costs. We will therefore confirm the revised price by phone or email as soon as possible.
3.3 If the price of your order or any delivery charges or other charges are different at the time we are ready to send the email confirming acceptance of your order to what it was at the time you placed your order then:
3.3.1 if the price is lower at the time we send the email confirming acceptance of your order then we will charge you the lower price and dispatch the goods; or
3.3.2 if the price is higher at the time we send the email confirming acceptance of your order then we will either cancel your order or contact you to ask you either whether you wish to pay the higher price or to cancel your order. If the order is cancelled by us or you do cancel the order then if you have already made any payment, we will make a refund.
3.4 When you place an order you authorise us to charge the credit, debit or other card you specify at the time of your order unless your payment is in cash.
3.5 You are required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges will be confirmed to you at the time of your order.
3.6 For all orders made through our website you are required to pay for the entire order (which includes delivery and any other charges) at the time of order before it will be accepted and the goods dispatched.
3.7 For all orders made by email must be paid for in full (which includes delivery and any other charges) either at the time of order where the goods require manufacture, or before the goods are dispatched or collected by you where the goods are in stock.
4 Right for you to cancel your contract
4.1 Your right to cancel your contract in this condition only applies where you order goods through our website or by email. It does not apply to goods ordered where you are purchasing wholesale or as a business.
4.2 You may cancel your contract with us for the goods you order at any time up to the end of the fourth working day from the date you ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.3 To cancel your contract you must notify us in writing by email at the email address given in condition 17.
4.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. Please note that we only refund the costs of the shoes and not postage, unless there is a fault in manufacture.
4.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. For this reason we strongly recommend that you use a recorded method of delivery. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you. Please note that we only refund the costs of the shoes and not postage, unless there is a fault in manufacture.
5 Bespoke goods
5.1 You may request to have goods that we offer on our website modified according to your requirements or made to your specification. Orders for such goods shall be considered as bespoke goods. We will treat any request for bespoke goods as an order.
5.2 Bespoke goods shall include (but shall not be limited to):
5.2.1 goods requested in a specific style or material that is not included on our list of current styles and materials on our website; or
5.2.2 goods requested in a size other than the standard dimensions available in accordance with our website; or
5.2.3 goods requested to be made in accordance with any special instructions that you give us that would mean that we have to manufacture the goods other than through our normal manufacturing process, such as (but not limited to) having rubber soles put on, or specific placement of materials outside of the standard designs as set out in our website; or
5.3 Where you make an order for bespoke goods, additional costs may occur. You will always be notified that your order is for bespoke goods and also notified of the additional charge that is applicable before we accept your order and take payment.
5.4 As bespoke orders are tailored specifically towards your requirements we strictly refuse to replace or refund bespoke orders unless the bespoke goods are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity (in which case please refer to condition 8).
6 Cancellation by us
6.1 We reserve the right to cancel the contract between us if:
6.1.1 we have insufficient stock to deliver the goods you have ordered;
6.1.2 we do not deliver to your area;
6.1.3 you commit a material breach of the terms and conditions;
6.1.4 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
6.1.5 you fail to make payment when it becomes due.
6.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7 Delivery of goods to you
7.1 Unless you have specified with your order that you wish to collect the goods we will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
7.2 Delivery will be made as soon as possible after your order is accepted. Delivery times may vary during busier periods such as periods of promotion and holiday seasons. Most of our goods are manufactured abroad and shipped to you from abroad, so please allow 3-4 weeks for delivery, unless stated otherwise in the product description. If your goods require manufacture then we aim to dispatch them within 7 working days of your order. We endeavour to deliver goods ordered by you within these times however if there is a possibility that delivery will be delayed then we will make reasonable efforts to keep you updated.
7.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.4 Please note that delivery/postage charges are paid by the customer. When customers return shoes for an exchange, the customer will be asked to pay the return postage. The company will pay for postage only when shoes have been returned due to a fault in manufacture.
8.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing by email at the email address given in condition 17 of the problem within 10 working days of the delivery of the goods in question.
8.2 If you do not receive the goods ordered within 40 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing by email at the email address given in condition 17.
8.3 If you notify a problem to us under clauses 8.1 or 8.2 above, our only obligation will be, at your option:
8.3.1 to make good any shortage or non-delivery;
8.3.2 to replace or repair any goods that are damaged or defective; or
8.3.3 to refund to you the amount paid by you for the goods in question.
8.4 We will not be liable for any failure or defect in the goods where the failure or defect arises in the normal course of use, or arises out of your wilful damage, negligence or abnormal conditions. We will also not be liable for any failure or defect in the goods where you use the goods after notifying us of the failure or defect.
8.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 8.3.3 above.
8.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8.7 We shall not be liable in respect of any claim which may be made against us for infringement of any letters patent or registered design which may arise as a result of us carrying out instructions given by you and you agree to indemnify us and keep us indemnified from and against all or any such claims and against all costs, damages and expenses incurred by or recovered against us in respect of any such claims.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email address email@example.com or our contact address at Shut Up Ltd., 2nd Floor, The Lexicon, 10-12 Mount Street, Manchester, M2 5NT.
10 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15 Entire agreement
16.1 Any reference to working day means all days other than Saturdays, Sundays and public holidays.
16.2 Condition headings do not affect the interpretation of these terms and conditions.
16.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment, and includes any subordinate legislation for the time being in force made under it.
16.4 Words in the singular include the plural and in the plural include the singular and words denoting a gender include all genders.
17 Our details
We the Company: Shut Up Ltd. which is a company registered in England and Wales with company number 10667455
Email address: firstname.lastname@example.org
Registered Address: Shut Up Ltd., 2nd Floor, The Lexicon, 10-12 Mount Street, Manchester, M2 5NT (this is not a returns address).