Welcome to primarycolours.com, the online counterpart of our little shop in Lyme Regis. We want to sell you the best possible products and give you excellent customer service so that you continue shopping with us. However we do have certain conditions that apply to this site. Please read through them before placing an order with us. We have tried to use plain English but there are bits that are somewhat long-winded and technical. Some of them may sound unfriendly. Sorry about that. If you have any doubts or uncertainties, give us a ring (01297 445655 or, from abroad, 0044 1297 445655). If you disagree with any part, please do not use this website.
Who we are
Primarycolours.com is owned and run by William and Margrethe Stuttaford. We work from our shop in Lyme Regis. These are our contact details:
50 Broad Street,
Tel: 01297 445655
Email address: firstname.lastname@example.org
Shop opening hours Monday to Saturday 10am-5pm, Sunday 11am-4pm
Vat no: UK 119 4586 91
In these t&c’s ‘we’ and ‘us’ refers to the owners and employees of Primary Colours.
Who you should be
To order from this website, you must be legally capable of entering into a binding contract with us. Although we sell products for children, we do not sell to people under 18, so if you are, please ask a parent or guardian to order on your behalf. Sorry.
You should be who you say you are. You must not impersonate any other person and any details you give about yourself must be true and up-to-date in all respects.
You should be a ‘consumer’, not someone buying our products for business or trade purposes.
You must agree to us using electronic means of communicating with you.
Sadly we can not take orders outside Europe. Our insurance policy does not allow it.
All prices on our English language website are in British pounds sterling and include VAT where applicable. Prices do not include postage, if applicable (please see later).
On pages which have been translated into other languages, the prices are given in the relevant currency, again including any VAT but not postage. Please note that these non-UK prices are only a guidance. When you place an order, the total will be converted into pounds sterling by our payment provider (Sagepay), at whatever conversion rate they are using that day, and your card supplier may well charge you an additional fee to convert it back into your own currency.
Our prices do not include any import duties or taxes if you have asked us to make a delivery outside the UK. You are responsible for these charges and you should contact your local customs office for more information before making such an order.
We reserve the right to change our prices at any time. However once you have placed an order with us, we will agree to be bound by the price displayed at the time of ordering. There are two exceptions to this rule. Occasionally we do make mistakes and may at times put the wrong price on a product. If the web price is higher than it should be, we will charge you the lower price. If the web price is lower than it should be, we will honour the lower price unless our mistake is obvious and could be reasonably recognised by you as such. Generally we like to keep our web prices the same as our shop prices.
We do not have a ‘price match’ policy and we do not enjoy being asked for discounts. If you do not accept the price displayed, please shop elsewhere. If we have a sale or a promotion, the lower prices will apply for a limited period. Clearance items though may be priced at a lower price than we originally charged on the web or in the shop and we may keep this price until those items are all sold.
How you pay
When you click on the Commit to Buy button towards the end of the payment process, you will be transferred to Sagepay, our payment provider. Sagepay will handle taking the money from you, either by PayPal or credit or debit card. Sagepay take security very seriously indeed and are a level 1 payment services provider, under the terms of the PCI DSS (Payment Card Industry Data Security Standard), the highest possible level of compliance. You can read about Sagepay’s security policy by following this link : http://www.sagepay.com/security_policy
If your card is declined, we can not accept your order.
We never see you card or PayPal details, neither can we gain access to them.
What happens when you place an order
When you click ‘submit order’, you will receive an email from us, acknowledging our receipt of your order. Please note that this does not mean that we are accepting your order at this stage. We may, for example, not have the items in stock. Technically we will only accept your order (and thereby enter into a legally-binding contract with you) when we dispatch the goods and send you an email confirming that the goods have been dispatched. If we choose not to accept all or part of your order, we will contact you.
We will endeavour to dispatch your goods before the end of the next working day (Monday to Friday, excluding bank holidays). If we are exceptionally busy, or for example we have staff shortages, we may take a little longer. Please contact us and complain bitterly if you don’t receive the email telling you we have dispatched your order within 3 working days.
What happens if you do not receive your order
We send out orders using first class post and, if you live in most parts of the UK, your order should arrive the next working day. Please let us know if you have not received your goods within 5 working days of receipt of the dispatch email (10 working days if you live abroad). If there has been industrial action, severe weather conditions or circumstances outside our control please accept there may well be a delay, especially in the run-up to Christmas.
Please check you have entered the correct delivery details when you made the order. If you left us specific instructions about the delivery, for example telling us to leave the order in a garage or with a neighbour, you will be responsible that those directions are accurate and that the goods will be safe until you receive them.
What happens if you don’t like the items you receive
Please contact us as soon as possible if you change your mind and want to send back the goods. Legally, under the Distance Selling Regulations, you must inform us within 7 working days (beginning the day after you receive the goods) if you wish to cancel your contract with us and receive a full refund including the price we charged you for delivering the goods (if applicable). We then have 30 days to process your refund but we will try to do it as soon as we can. We will refund your money by the same method by which you used to pay for the order initially. Generally though we will take goods back up to a calendar month after we dispatched your order but please check with us first before sending anything back to us. You will be responsible for the cost of sending it back if you do not let us know within the 7 days of receiving the goods. Please obtain a proof of postage and ideally send it back recorded delivery which provides some insurance if the goods are lost in the post. We will not refund goods that we do not actually receive back.
Please take care of the goods that you intend to return. We will not accept returns that have been worn, washed or damaged in any way. All labelling must still be attached and, as far as possible, the original packaging should be intact.
Please note that our contract is with the person buying the goods. So if the clothes are a gift, the person receiving the gift does not have the right to return the clothes unless the buyer tells us at the time of purchase that they are being bought as a gift for so and so (and names that person). When that happens we will allow the recipient of the gift to return the goods within a month of us originally dispatching them. We can only refund the person who bought them.
What happens if we send you the wrong product
We hope it does not happen often but occasionally we do make mistakes and send out the wrong size or the wrong colour or the right order to the wrong person. If that happens, please accept our apologies and let us know straightaway. We will do our best to put things right as soon as possible, at our expense.
Similarly if we have obviously mis-described something on our website, then that is our fault and we will rectify the situation straightaway at our expense. Please note however that we can not guarantee that the colours in our pictures are 100% faithful. Reds, especially, may come out slightly different when viewed on different screens. We also can not guarantee the sizing. Age recommendations are only a guide. For example although a garment may be described as being for a 5 year old that does not mean that it will fit all five year-olds. There is also a considerable difference in sizing between brands. For instance our Swedish and Dutch suppliers assume that children of a certain age are taller than would our English suppliers.
What happens if a product is faulty or develops faults
Under the Sale of Goods Act, the goods we sell you must be:
As described (please see above)
Of satisfactory quality
Fit for purpose (please see above)
And must last a reasonable length of time
Please tell us straightaway if something arrives faulty or develops a fault. As soon we get it back, we will refund you your purchase price, as well as the delivery cost, together with the cost you incur sending the goods back to us. We like to think that we sell quality clothes and toys and it does make us very unhappy if it turns out we have sold you something defective. Fortunately our suppliers have the same attitude. However please do not contact them directly as it is our job to put things right with you.
Exactly what constitutes ‘reasonable length of time’ is open to interpretation. It depends on the nature of the problem, whether it is a manufacturing or design fault, and how much the clothes have been worn. For example if a seam came undone after six months of normal wear, then we would take the garment back. However if a little boy went through the knees of his favourite trousers in a year, we would probably think that that is a reasonable length of time. Sadly clothes do wear out, colours fade and fluffy fleeces lose their fluffiness over time but we would like to think that ours should last longer than those you might buy of a market stall for example. Please note though that we do expect you to look after the clothes. For instance if you wash a garment on too hot a wash, it is not unreasonable that the garment might fade or shrink.
Please note our liability for losses you suffer if an item is faulty is limited to the purchase price of the goods. We are not responsible for indirect losses you may suffer as a side effect of the main loss.
What happens if something is out of stock
On the website, we display the quantity of each item we have in stock. We are a little company and will generally only order small numbers of each item so you will usually see that we have only one or two of your size in stock. If stock levels are shown to be zero, then, sorry, we will have sold out and you will not be able to order online that item. By all means, ring or email us if you want something that is out-of-stock and we will ask our suppliers. However most of our suppliers take our orders for a particular season at least six months before the start of that season and then only make sufficient numbers of each product to cover their orders. If we are lucky, and they have an item available, they will obviously charge for post and packaging which we will pass onto you, so individual items of goods we order can turn out therefore to be quite expensive.
Occasionally you might order something from the website that, when we come to processing your order, we discover is out of stock. It is generally our fault when this happens. It may be because we have made a mistake inputting numbers into our computer system or because we have simply lost it and we apologise if that is the case. We do lose the odd item that goes walkabout from the shop. Sometimes we do have the item in stock but we discover it is damaged or substandard in some way and so can not send it out. If, for any reason we can not fulfil your order, we will let you know and ask you how you want to proceed. We will not charge you for items we do not despatch.
We use Royal Mail to deliver our goods. How much we charge will depend on the value of the order, its destination and, for overseas orders, its weight.
For Britain and Northern Ireland (including the Scottish Highlands and Islands, the Isle of Man, the Scilly Isles, the Channel Islands and BFPO):
- ‘First Class Signed For delivery’. The Royal Mail does not promise next day deliveries at this level but most are delivered the next day. For orders less than £30, we charge £4. For orders over £30, we do not charge.
- ‘Special Delivery by 1pm’. The Royal Mail guarantees next working day (not Saturdays) delivery. For this we charge £8 for orders under £100, free thereafter.
- For the rest of the EU: We use Royal Mail International airmail service. We charge £8 for packages less than 2kg. Heavier packages will cost more and we will contact you prior to despatch to let you know how much delivery will cost.
Please note we can not guarantee delivery times as, once we pass your parcel to Royal Mail, it is out of our hands. Please allow 5 working days after receiving our despatch email before asking us to check it out with Royal Mail. If something is delayed or lost in transit, the limitation of our liability is the purchase price of the goods.
You are responsible for the accuracy of your delivery instructions. If you give us an incorrect delivery address (including post code), we are not liable if you do not receive the goods or if they are delayed. Similarly, if you give us special delivery instructions (for example, leave with neighbour or in garage), it will be your responsibility if the goods are lost or damaged as a result your instructions being followed. Once the goods have been delivered to you, as per your instructions, they are at your risk and we will not be liable for any damage to them.
Copyright and safety of our website
Our website is owned by William and Margrethe Stuttaford. Copying, printing or downloading parts or all of it for commercial use is prohibited although extracts from it may be used for personal use. Please note that copyright to many of the trademarks and photographs belong to our suppliers, not us, so permission may need to be sought from them before any use.
We can not guarantee that this website will work without interruption and with full functionality at all times. Neither can we guarantee the website or the server from which it comes to be free from bugs or viruses. We will try to ensure it is clean but we will not be responsible if your computer is affected.
The links to third parties we have attached to the website are for your interest and convenience. We make no guarantees whatsoever about the content of those websites. Our linking to them does not imply our approval of them nor our recommendation of them to you.
We have tried to write these terms and conditions in such a way that there is no conflict with your statutory rights. However your statutory rights, which may change if the law changes, always take precedence over any of our terms and conditions. For your statutory rights, please see www.consumerdirect.gov.uk
Certain events are beyond our reasonable control. These may include, for example, industrial action, terrorism, failures of communication systems or other services, extreme weather conditions or other acts of God. In these circumstances, we can not be held liable for delays or breach of contract.
Any contracts between you and us will be governed by English law and you must agree to settle any disputes between us in the English courts.
We reserve the right to change these terms and conditions at any time and at our discretion. Your order will be subject to the terms and conditions published on the website at the time of the order, unless any change to them is required by law or government authority. If we choose to ignore a breach of these terms and conditions on one occasion, that does not mean will ignore any subsequent breach.