i. Terms and Conditions of Sale
Wyrmsmith hereby undertakes to supply as per Clause 05 of these terms and conditions and in exchange for renumeration as per Clause 04 any product or products hereinafter referred to as "Product" or "Products" respectively listed on the website www.wyrmsmith.com hereinafter referred to as "the Website" on the following terms and conditions. Please read carefully before you submit any order for any Product/s from the Website. By so ordering you agree to the following terms and conditions and may not subsequently warrant, transfer or otherwise abdicate any of your responsibilities arising under contract.
01. The 1st Party
The Website is a virtual address that is designed and operated by James Drury BArch trading as "Wyrmsmith" and as a sole trader. The physical business address for Wyrmsmith is:
1 Pine View
Leicester Forest East
Leicester
Leicestershire
LE3 3FX
England
The email address for Wyrmsmith is:
02. The 2nd Party
You confirm when you submit an order for any Product/s from the Website that you are of the minimum age requirement as defined by the laws and regulations of the territory in which you live to (a) enter into a contract for the purchase of goods or services and (b) purchase any age-restricted Product/s that may be listed on your order. Please see the relevant product description/s for further information regarding any age restriction/s that may apply.
03. The Contract
When you submit an order for any Product/s from the Website you will receive an email hereinafter referred to as "Email 1" from Wyrmsmith as per Clause 10 and with respect of Clause 08 to acknowledge the receipt of your order by Wyrmsmith. When Wyrmsmith despatches the Product/s that you have ordered for shipping to you will receive a second email hereinafter referred to as "Email 2" from Wyrmsmith to confirm (a) the acceptance of your order and (b) the despatch thereof by Wyrmsmith. The contract hereinafter referred to as "the Contract" between Wyrmsmith and you is formed at the time that Wyrmsmith sends to you Email 2. Please note that Email 1 does not constitute an acceptance of your order by Wyrmsmith and that Wyrmsmith reserves the right to decline any order or any part/s thereof. Please note also that Wyrmsmith reserves the right to restrict the volume of any part/s of any order where material is limited.
04. Prices and Payments
The price of any Product is as quoted on the Website and shall be confirmed (a) before you complete the submission of an order for any Product/s from the Website and (b) in Email 1. All prices are quoted in Pounds Sterling (GBP) and you will be charged in the same currency. Wyrmsmith reserves the right to review the price of any Product and at any time but any change of price as the result of a review will not affect any order where the Email 1 there regarding is sent before the date of any such changes relevant to that order. The price of any Product may be subject to certain taxes according to the territory of the address that an order is to be shipped to. Please note that Wyrmsmith is not responsible for any import duties, tarrifs or any other charges that may be levied on goods entering the territory of the shipping address that you specify when you submit an order. If you are responsible for paying such taxes and those taxes are not collected by Wyrmsmith it is your responsibility to pay them. Wyrmsmith is responsible for any export duties as applicable. The cost of the shipping of orders to addresses in the United Kingdom is collected by Wyrmsmith. The price of any Product excludes the cost of shipping to addresses outside of the United Kingdom and shall be calculated and added as applicable to the total amount due for an order before you complete the submission therefor. Payment for all Products must be made by way of one of the means provided at the point of submission.
05. Shipping
All Products are made to order and so please allow for a maximum of 20 business days (28 days) between Email 1 and Email 2 (see Clause 03) for the fact that goods which are made to order are subject to lead times. Wyrmsmith exercises reasonable skill and care to ensure that all orders are reviewed and where accepted despatched according to the aforementioned time range but if you have not received Email 2 or any other correspondence from Wyrmsmith within 20 business days of the date of Email 1 then please contact Wyrmsmith immediately (see Clause 01). The Product/s listed on the Website that you submit an order for shall be shipped to the address that you specify and by way of tracked registered post within circa 3–5 business days of despatch. Please note that this time range is an estimate and applicable to addresses in the United Kingdom only and that no such time range constitutes the essence of any Contract. Wyrmsmith shall endeavour to despatch all of the Products listed on an order together but reserves the right to despatch any order in instalments where necessary and for which you shall receive no additional charge. Wyrmsmith may without liability defer the date of despatch or remove any Product/s from any order or cancel any Contract if Wyrmsmith is delayed or prevented from conducting business due to circumstances beyond the reasonable control of Wyrmsmith.
06. Ownership
You shall become the lawful owner of any Product/s from the time that the order from the Website therefor is recorded according to tracked registered post as delivered to the address that you specify when you submit that order at which time the Product/s will be held at your risk and Wyrmsmith shall not be liable for their damage, destruction or loss.
07. Returns
It is the sincere hope of Wyrmsmith that you receive so much joy from the Products as Wyrmsmith finds in designing them. But if you are not completely satisfied with any Product that you have ordered and for any reason then you have the right to cancel the Contract at any time within 14 days (inclusive) hereinafter referred to as "the Cooling-off Period" starting on the day following the date of delivery as recorded by tracked registered post. To cancel any Contract you must send by way of email or tracked registered post written notice containing (a) your full name, (b) your shipping address, (c) your billing address, (d) the Product/s listed on your order, (e) the date of your order and (f) the Product/s that you wish to return. Written notice must be received by Wyrmsmith no later than the Cooling-off Period after which Wyrmsmith has no further responsibility to the 2nd Party. Wyrmsmith shall upon receipt of any written notice send to you an email to acknowledge your intention to cancel the Contract after which you must return the Product/s in question to Wyrmsmith and in the same condition in which you received said Product/s as soon as possible and at your expense. You are advised to return any Product/s by way of tracked registered post to mitigate against the risks of damage, destruction and loss of the Product/s in transit and so that you are able to provide Wyrmsmith with proof of return delivery which Wyrmsmith may request before you receive a refund. It is your responsibility to exercise reasonable care (g) of the Product/s before you return them to Wyrmsmith and (h) to make safe the Product/s for transportation to ensure insofar as reasonable against the risks of damage, destruction or loss of the Product/s enroute. Wyrmsmith shall take legal action to recover any damages, costs or other expenses that Wyrmsmith incurs as a consequence of your failure to discharge sub-clauses 07(g)–(h) to the satisfaction of Wyrmsmith. When return Products are received by Wyrmsmith you shall receive an email acknowledgement of the fact after which Wyrmsmith shall process the refund due to you within 10 business days (inclusive) starting on the first business day following the date of return delivery. Wyrmsmith shall refund the price/s of the Product/s in full and by way of the same method used by you to pay for the Product/s initially. Please note that any delay in providing Wyrmsmith with proof of return delivery may delay the processing of your refund.
08. Privacy
Wyrmsmith shall collect the following personal information regarding you and that you shall provide when you submit an order for any Product/s from the Website: (a) title, (b) first name, (c) surname or family name, (d) postal address, (e) email address, (f) preferred contact number and (g) details regarding your order. Wyrmsmith shall also keep records of any correspondence with you to include any information that you may voluntarily disclose during such discourse. All personal information regarding you will be used by Wyrmsmith to discharge the responsibilities according to the Contract of Wyrmsmith only. Please note that this will require Wyrmsmith to share personal information regarding you with a carrier but that Wyrmsmith shall only permit the carrier to process the information shared for the exclusive purpose of the shipping to you of the Product/s that you have ordered. Please note also that if you misuse, attack or attempt to acquire unauthorised access to the Website or to the server on which the Website is stored Wyrmsmith shall report you to the relevant law enforcement bodies and cooperate fully with those bodies by sharing with them all personal information regarding you. Wyrmsmith does not store debit/credit card information. All e-payments are powered and secured by Payment Service Providers (PSPs) Wix Payments or PayPal.
09. Copyright
Property and Intellectual Property (IP): (a) the design of any Product listed on the Website, (b) the description of the design of any Product listed on the Website, (c) any computer-generated or digitised projection of the design of any Product listed on the Website, (d) the Wyrmsmith icon trademark, (e) the Wyrmsmith wordmark trademark, (f) any other content published on the Website, (g) the design of the Website and (h) the distinctive likenesses of sub-clauses 09(a)–(g) are either ™ Trademark and/or © Copyright Wyrmsmith 2021–present. All rights reserved.
10. Miscellaneous
When you (a) submit an order for any Product/s from the Website or (b) attempt to contact Wyrmsmith at the email address provided by Wyrmsmith in Clause 01 of these terms and conditions you accept that any communication from Wyrmsmith will be through email and agree that any such communication shall satisfy any law or regulation that may require communication from Wyrmsmith to be in writing. No condition hereinbefore stated is intended to limit or exclude any rights that you may have as a consumer. In the event that any condition of the Contract is determined by the Courts of England and Wales to be invalid or unlawful then the relevant condition will be struck from the Contract which will remain valid. Any legal dispute that may arise between Wyrmsmith and any 2nd Party will to the fullest extent permissible be subject to the exclusive jurisdiction of the Courts of England and Wales. Wyrmsmith reserves the right to review these terms and conditions and at any time but any change/s as the result of a review will not affect any order where the Email 1 (see Clause 03) there regarding is sent before the date of any such changes.