Terms and conditions
These terms and conditions are the contract between you and Tamp and Stitch . By visiting or using Our Website, you agree to be bound by them.
We are Tamp and Stitch, a company registered in Ireland and are trade from unit 3 Scarlet Row, Essex Street West, Temple Bar, Dublin , D01 NY77, Ireland.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
In this agreement:
means any person or business contracted by us to carry Goods from us to you.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
We take care to make Our Website safe for you to use.
This paragraph applies if you buy as a consumer as defined in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
These provisions apply in the event you return any goods to us for any reason except as a result of your cancellation under the Regulations.:
(This is the first of two options, depending on your customer base. Option one: use this option for sales to consumers anywhere in the EU. You are free to use it for all other customers if you so decide.)
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.
The following terms apply in the event of a dispute between the parties:
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail:within 24 hours if no notice of non-receipt has been received by the sender. Take care before agreeing to accept service by e-mail.It may be convenient, but you could miss or accidentally delete the message.
Notice of right of cancellation: Right to Cancel and Model Cancellation Form
Information about your statutory right to cancel
Your right to cancel
Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.
You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.
Model cancellation form
To Tamp and Stitch, Unit 3 Scarlet Row, Eseex Street West, Temple Bar, Dublin, D08 NY77, Ireland or hello@TampandStitch.com.
I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].
Ordered on __________[date] /received on _____________[date],
Name: _____________________________ [enter the name in which the order was made]
Address:___________________________________________ [enter your address],
Date: ____________________________Explanatory notes:
E-commerce terms and conditions template: retailer of goods
For an online retailer of goods the new Regulations are evolutionary rather than a revolution.
To keep it simple, If you sell physical goods then the Regulations apply to you as on any seller of goods and you must comply with the Regulations in respect of goods.
The main provisions which affect your business are first, provision of information relating to goods and your identity; and second, the cancellation provisions.
Here is a short version:
Next, we will tell you about the cancellation provisions.
If the customer at any time chooses to purchase goods from your website, he may cancel his order within 14 days without giving any reason. When he cancels the order, you must give him his money back within 14 days after receiving the cancellation order.
Please note: When you sell goods to consumer, you have no choice but to inform your customer about his cancellation right and provide cancellation form. That means your customer may cancel the order and return the goods. This document is drawn allowing you to fully comply with the Regulations.
The Act applies to all personal data you collect, use or store. The scope includes data about any INDIVIDUAL.
We have drawn a comprehensive privacy notice. It reassures your website visitors that you take their privacy seriously. More importantly, your adopting it will prompt you to make whatever changes are necessary in your day to day business. You can download it at https://www.netlawman.ie/d/website-privacy-policy
For this terms and conditions document, you do not have to explain to customers that you comply with law - any more than you would tell them you comply with any other law. This document is your legal contract with your customer or client.
Nonetheless, if a customer or client takes the trouble to read this T&C document, the reason is probably because they seek re-assurance. For that reason, and not for any legal reason, we have included a few points of information. There is no reason why you should not do so too. If you do, we strongly advise to keep them very short and that you check most carefully that you are not adding text that could result in your contravening the Act.
As a vastly reduced summary, the important areas of the Act to consider are:
You may find full list at:
We have drawn this terms and conditions document on the assumption that you would make practical changes on your website and use an updated privacy notice. So as to allow you to run your business seamlessly while complying with the Act.
Paragraph Specific notes:
Notes numbering refers to paragraph numbers.
Every business is different, not only in terms of the product or service being offered, but also the processes. The defined terms that we use are unlikely to suit most businesses perfectly.
By all means use the search and replace function in your word processor to change them, either to other general adjectives, or to specific product or service names. For example:
We use You might decide to change to
“Goods” “Products or Toys”/ “Headphones”
“Our Website” “The ToyStore Site”/ “The Site”
But if you do change the defined word, make sure it applies to every use of it in the document. Remember too, that when a word or phrase is defined, the defined meaning, capitalised, takes precedence over the common meaning of that word or phrase.
You should first decide on the contents of the document, then return to check what definitions are needed and whether they really fit the text you have left in place.
Leave these items in place unless there is a good reason to edit or remove. Many of them strengthen the framework within which the agreement operates.
This paragraph prevents a party from later saying he was relying on some other document or web site or conversation.
This paragraph establishes the contract. This is very important in an Internet contract because there are so many places in the buying procedure where it could be claimed that the contract has been completed.By leaving the point at which the contract is formed as late as possible, you avoid a position arising where:
There are three options. Make quite sure that one of these accurately reflects the way your order process works.
You must edit these paragraphs to make sure that they reflect how your business works.
This paragraph is more for information than contractual commitment. We have included it here because many users are reluctant to make payment, so this assurance given at the point of sale will allay their fears.
For payment you may have various alternatives like the PayPal and cheque. Edit this paragraph accordingly.
If you sell only to businesses and organisations, delete thisparagraph.
This paragraph sets out your customer’s rights as a “gold standard”. In the past, the law has not compelled a seller to disclose his legal obligations. So sellers have not done so. These regulations change that. Because many organisations continue to keep customers in the dark, we believe it is to your advantage to be utterly transparent. Not only will that present you as a high prestige brand, but it will also make clear that you are being unusually helpful and not unnecessarily bureaucratic. There are three pillars of consumer protection:
● Provision of information
● the 14 day cancellation period
● “no fault” return within 14 days of purchase
Consumer contracts are protected by the Sale of Goods and Supply of Services Act, 1980. You do not have to offer anything at all to foreign buyers. However, you might decide that bad Internet publicity is more than enough to incentivise you to look after the goodwill of your customers.
As for the paragraph on price and payment, there are many alternative ways that your business could work. Edit these paragraphs to suit your business.
It is important to make this point clear if any of your sales are to other countries.It is not simply a question of avoiding expense or dealing with these matters yourself.More important is that if you tangle with the tax authorities of a foreign government, you may find yourself on the wrong side of the law if you later travel to that country.
This paragraph provides for the alternative of stating your returns policy on your website. You could argue that a customer is unlikely to have your terms and conditions at hand when he wants to return goods.
It may be easier to edit text on a web page than to change your T&C document. The problem that may arise is that what you say on your website may not be contractually binding. If you are selling low value goods, it is unlikely to matter, but if each sale is for a high value, you need to get it right. The best course is to set out your conditions for return both in the T&C document and on your website
The WEEE Regulations are a requirement for retailers who sell electrical goods. If your business does, leave these paragraphs in place, otherwise remove.
We do not have sufficient information about your business to determine how far you can use this paragraph and how binding it will be. We therefore provide an explanation, some parts of which will not apply to you.
Our aim in drawing this paragraph is to limit your liability as far as possible, particularly against events you may not anticipate. We are also aware that you might sell to business, not consumers, and to consumers outside the EU. Note however, that most advanced economies protect their consumers in much the same way as EU consumers are protected. However, a foreign government would have great difficulty in enforcing its rules against you!
There is a substantial set of law which regulates what you can sell to anyone, so no matter what you put in this paragraph, it will not protect you in contract if you sell something different from what an intelligent customer or client would expect. Comparable law covers every part of the sale and return process.
On top of that solid legal structure is an even larger structure relating to protection of consumer rights. That is because consumer protection is extreme in the EU. If you sell to consumers, even occasionally, you must learn what are your legal obligations. The depth of law is huge - far more than we could ever advise here.
We have therefore provided not merely alternative provisions within this paragraph, but two alternative paragraphs. One version is what you can reasonably say if you deal with consumers; the other is the "hard" version which covers everyone else. Select the version according to whether or not you sell to European consumers.
If you sell Worldwide, you could of course arrange for only users outside the EU to receive the hard version - whoever they are.
It is possible that neither of these alternatives will be entirely enforceable. However we have also specified that any provision which offends should be reduced, as opposed to be deleted. In these paragraphs we have provided a terrific contractual shield - but somewhere there may be someone whose arrows will pierce it.
Our best advice to you is to include these disclaimers so far as they apply to your business, but do not expect that you can conduct your business with disregard to the law. The Sale of Goods and Supply of Services Act and a raft of consumer protection law still apply.
You will see that we have also included in the provision for directors and others to have the same protection. One way to get around disclaimer provisions in the past was to claim not against the company with whom the claimant has a contract but against the directors or others in negligence.
These terms provide some protection in case of customer disputes about use of an account. We recommend leaving these if your website records customer information for subsequent purchases. If they are not applicable, remove them.
This and the following four paragraphs relate directly to aspects of the interface between you and your buyers. The more they are allowed to enter data, upload, download, leave messages, and so on, the greater your risk. You cannot stop a criminal by a term in a document, but you can make clear to regular users, before and after the event, that you will take a tough line for bad behaviour.
The paragraphs in this section have two purposes: the first is the obvious and named purpose of preventing damage to your website and establishing a contractual obligation by your site users not to do so. Secondly, it may assist in protecting you from civil or criminal charges for which you may otherwise be liable as a result of what someone else posts to your website.
No matter what you put in these paragraphs, there is no certainty that you may not be the subject of some sort of attack or other problems. However, we do think it is worth providing a full and strict policy. By doing so, you have the best possible defence against anyone who claims he has been insulted, injured, defamed, or whatever.
Of course, anyone who wishes to continue to use your business will comply.
We suggest that you edit these paragraphs in line with the perceived extent of your risk.
This paragraph continues in the vein of the previous one. As you see, we intend to make clear that certain other activities are prohibited.
It is a question of balance and maybe how your buyers will react. You are free to delete all or any of it.
This paragraph is targeted at anyone who is aggrieved by your site content. He may or may not be one of your customers. By stating and following this policy you will reduce the chance of any claim for defamation, breach of copyright, and so on. Depending on how you attract acceptance of the terms generally, this paragraph may not be enforceable against a visitor who has not explicitly agreed to these T&C (for example, visitors who are not subscribers).
There is an intentional overlap here with the paragraph on restrictions on posting. Your need for this provision also depends on the extent to which users are able to post content of any sort. Delete provisions which are stronger than you need.
We suggest no edits.
Few business managers appreciate just how much IP is owned by the business. There is an enormous variety of IP rights, from domain names to trade marks.
We suggest that you edit these paragraphs but keep them within the document.
This paragraph sets out standard terms as required under the European Union (Alternative Dispute Resolution for Consumer Disputes)Regulations 2015.This new law follows an EU directive. Our opinions are as follows:
The new law is directed at those EU members whose legal systems have perhaps not been fine tuned for nearly 1000 years and which fail to recognise consumer rights adequately.
The purpose of mediation (the most common form of ADR) is to settle a dispute. In practice it should not matter who is the mediator. Of course you should try to find someone with the appropriate experience of business and commercial life, but the requirement for a “qualified” person is meaningless. Mediation is not a subject you can learn from a book. So, if you need to find a mediator, you will have no trouble in finding someone acceptable to both sides.
Mediation costs money. So if the sum in dispute is a small amount , even mediation may be unacceptable.
There seems to be some confusion in the EU regulations as to how far arbitration is included in the proposals. In many EU countries arbitration is either unregulated or confined to international issues like shipping and insurance. Here in Ireland, it is regulated very precisely by the Arbitration Act 2010.
As a result of that act, arbitration entails very similar procedures to those in formal litigation. Most arbitration is as expensive and time consuming as litigation. It is certainly not “alternative” dispute resolution in a way that saves time or money. That is why the courts do not promote it. We advise that you avoid it!
The new regulations require that if you know of a mediator, you should provide details. However, it seems to us that the last person your opponent would agree to use is someone with whom you already have a relationship. Indeed, it would be immoral if that person even agreed to accept repeated instructions.
From here numbering now once again relates to the paragraph in the document.
The law requires that when your internal complaint handling procedure is exhausted then you musttell your customers about using a mediation or arbitration platform. Your obligation is not to force the customer to use these means of dispute resolution but just to provide information. This is to encourage the customer to use ADR rather than litigating.
22.4: in the unlikely event that your business is a large organisation where you have voluntarily committed yourselves (to your trade association?) to use ADR then by all means provide the name, website and contact details of your selected ADR provider.
However, as an online seller of goods the law requires you to provide a link to online alternative dispute resolution platform which is at http://ec.europa.eu/consumers/odr/
You may find more details at:
Do not delete this paragraph. This is the requirement of law.
A number of special points.Unless you have a good reason to delete any one of these, we recommend that they should remain as drawn.
Notice of right of cancellation
At the end of the terms document, we have provided the information you must provide to a customer in order to comply with the Regulations. This is not optional. Do not delete or edit.
The first part is your notice to your customers. The second part provides the required information about the cancellation notice followed by the model form. Use a page break before showing these, so that they can be printed easily (if your customer wants to send it by post).