Last updated: 20/02/24

1       These Terms

1.1         What these Terms Cover: These Terms contain the terms and conditions on which we supply the Products to you. Please read these Terms carefully before you accept these Terms (by ordering Products from us).

1.2         How to tell us about problems: If you have any questions, feedback or complaints about the Products, please contact us to discuss using our contact details below.

2       Introduction

This website (Site) is operated by Swypes Ltd, a company registered in England and Wales, with company registration number 14755897 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site.

3       Use of the Site

(a)    You accept these Terms by placing an order via the Site.

(b)    You must not use the Site and/or place an order for Products through the Site unless you are at least 16 years old.

(c)     When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(d)    All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy at here.

4       Accounts

(a)    You may purchase the Products from us without an account or you may choose to create an account with us which allows you to review your order history, save your wish list.

(b)    You must ensure that any personal data you give to us when creating an account is accurate and up-to-date.

(c)     It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

5       Orders

(a)    You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b)    It is your responsibility to check the order details, including selected Products, delivery details and pricing, before you submit your order through the Site. Once you submit an order successfully on the Site, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

(c)     When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

(d)    All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.

(e)    We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image). We will contact you using the details you provided when you placed your order to arrange a refund or store credit.

(f)     We may cancel any order at any time before delivery if Shopify flags the order to us as being suspicious or fraudulent. We will contact you using the details you provided when you placed your order to arrange a refund.

(g)    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6       Price and payments

(a)    You must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable).  

(b)    You must pay the Price using one of the methods set out on the Site, which will generally be upfront, unless you are paying through a buy now pay later provider such as Klarna or Clearpay.

(c)     You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d)    The payment methods we offer are set out on the Site. We may offer payment through various third-party providers, including Shopify Payments, Amazon Pay, PayPal and Google Pay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(e)    Where you order the Products for delivery outside of the UK, you may need to pay custom charges or taxes in addition to the Price.

(f)     We may, from time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

(g)    You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

7       Supply of the Products

(a)    In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

(b)    We warrant to you that the Products will be provided using reasonable care and skill.

8       Delivery, title and risk

(a)    We will deliver the Products to the delivery address you provide when making your order. We currently deliver to the areas set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.

(b)    We normally dispatch Products within [insert] hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(c)     No changes to the order including to the delivery day or delivery address will be accepted after the order is placed.

(d)    We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

(e)    Title to the Products will remain with us until you have paid the Price in full for the Products.

(f)     Risk in the Products will pass to you when the Products have come into your physical possession, except where you have arrangement for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the Products will pass to you on delivery to the carrier.

9       Change of mind returns

(a)    We offer refunds of Products for change of mind in accordance with this clause 9.

(b)    You have 14 days after the day you (or someone you nominate) receive the Products, to change your mind and cancel these Terms. Where the Products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind.

(c)     When you don't have the right to change your mind: You do not have a right to change your mind in certain circumstances, including for:

1. Products you have damaged, or that are no longer in their original condition (including where you have cut tags off); and
2. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

(d)    Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms and request a change of mind return, you should either contact us by email (using our email above), and you may use the Model Cancellation Form at Attachment 1.

10    Returning Products to us

(a)    Returning Products after you cancel these Terms: If you cancel these Terms for any reason after the Products have been dispatched to you, you must return them to us (unless we agree to collect them, in which case, we will charge you the direct cost to us of collection), in the condition you received them in, noting all sachets need to be sealed and returned. If you are exercising your right to change your mind under clause 9 you must send the Products back to us within 14 days of telling us you wish to cancel these Terms.

(b)    Costs of return: We will pay the costs of return:

(c)     Other than as set out above, in all other circumstances, you must pay the costs of return.

(d)    Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

(e)    When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under clause 9 then if we have not offered to collect the Products, your refund will be made within 14 days from the day on which we receive the relevant Products back from you.

11    Limitations on and exclusions to our liability

(a)    Neither Party may benefit from the limitations and exclusions set out in this clause 11 in respect of any liability arising from its deliberate default.

(b)    The restrictions on liability in this clause 11 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

(c)     Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

(d)    Subject to clauses 11(a) (no limitation in respect of deliberate default) and 11(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

(e)    We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

(f)     Without limiting your right to cancel these Terms under clause 9, but despite anything else to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control.

12    Intellectual property

(a)    All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b)    We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c)     You must not infringe our intellectual property rights in Our Intellectual Property.

13    Content you post on our Site

(a)    We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

(b)    If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. We agree to only modify User Content to the extent reasonably required by us.

(c)     You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the start of these Terms. We will endeavour to action any removal requests within a reasonable time.

(d)    You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

(e)    We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

(f)     We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any part's intellectual property or these Terms.

(g)    If you post any reviews of the Products, for example on Trustpilot, we may post these reviews on our Site (whether ourselves or using a third party).

(h)    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such comments. You agree that we are under no obligation to maintain any comments in confidence, to pay you compensation for any comments or to respond to any comments.

(i)     You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties the origin of any comments.

14    General

(a)    Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

(b)    Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.

(c)     Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(d)    Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(e)    Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(f)     Errors: While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site, to the extent permitted by law (including the Consumer Rights Act 2015), we do not warrant the accuracy, completeness or suitability of any of the content. The content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.

(g)    Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site or change the Products or Price at any time, by publishing these on the Site. We reserve the right at any time to modify or discontinue the Products or the Site (or any part or content thereof) without notice at any time. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(h)    Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(i)     Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. If any provision or part-provision of these Terms is deemed deleted under this clause, the parties will negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

(j)     Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us.