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For consumers: our terms and conditions for the supply of goods, services and digital content
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you through our website, or through a website built using our technology, whether these are customised goods, non-customised goods, services or digital content. Also, where we supply products described as “donations” such products will amount to customised goods, non-customised goods, services or digital content depending upon the nature and characteristics of such products. These terms apply to consumer transactions. If you are a business, the business terms of sale apply.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Teemill Tech Ltd a company registered in England and Wales.
2.2 How to contact us. You can contact us by writing to us at [email protected]
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Placing orders with us. By placing an order with us you are offering to purchase a product on and subject to these terms and conditions. All orders are subject to availability and confirmation of the order price.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, we consider that any photos, images and/or designs provided by you to print on the goods are likely to infringe any third party’s intellectual property rights or are of a defamatory or offensive nature, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 Production of the product. When your products are placed into production, we will notify you with a “Production Confirmation”. When we dispatch the products to you we will send you a “Dispatch Confirmation”. If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package.
3.6 Contracting with us. The contract between you and us for the purchase of products is made exclusively with us and is governed by these terms and conditions, despite any arrangements you may have made or discussions you may have had with any third parties. Please see Section 15 for further details.
4. Our products
4.1 Customised and non-customised goods. We offer for sale the following types of goods:
4.1.1 customised goods – these are goods that are made to your specifications or are clearly personalised for you (for example, but not limited to, where the goods consist of an item of clothing that has your bespoke design printed on it); and
4.1.2 non-customised goods – these are goods that are not made to your specifications and are not personalised for you.
Please note that your rights to cancel your contract with us will differ depending on whether you have ordered customized goods or non-customized goods. Please see Section 9 for further details.
4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 9 – Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements. These changes will not affect your use of the product;
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product and
6.1.3 where product dimensions shown on our website are estimated and technical adjustments and/or improvements are required in order to print the product. These changes will not affect your use of the product.
6.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Right to use your photos, images and/or designs
7.1 If you provide us with any photos, images and/or designs to be printed on any customised goods ordered by you then you hereby grant us a non-exclusively, royalty free licence to use any and all intellectual property rights (including, but not limited to, copyright and design rights) subsisting in such photos, images and/or designs for the purpose of completing your order.
7.2 You agree and warrant that:
7.2.1 any photos, images and/or designs provided by you to be printed on any customised goods ordered by you:
(a) are your original works;
(b) have not been copied from any works created by a third party; and
7.2.2 the use of such photos, images and/or designs by us will not infringe the intellectual property rights of any third parties.
7.3 You agree to compensate us pound for pound for any and all losses, costs and liabilities that we may suffer or incur as a result any breach (i.e. a failure to comply) of the warranty given by you in paragraph 7.2 above.
8. Providing the products
8.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
8.2 When we will provide the products.
8.2.1 If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible following our acceptance of your order. Given the nature of the goods to be provided, we cannot guarantee that the goods will be delivered within a fixed period of time. However, this does not affect any of your statutory rights.
8.2.2 If the products are one-off services. We will begin the services on the date we accept your order or, if later, on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
8.2.3 If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
8.2.4 If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in paragraph 9 or we end the contract by written notice to you as described in paragraph 11.
8.2.5 Dispatch and delivery times. Any dispatch and delivery time projections provided by us are estimates only and, to the fullest extent permitted by law, you shall not have a right to terminate your contract with us if we do not provide the products to you by any dispatch and delivery time projections. However, this does not affect any of your statutory rights.
8.2.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the relevant courier may leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
8.4 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 11.2 will apply.
8.5 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
8.6 When you own goods. You own a product which is goods once we have received payment in full.
8.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, but not limited to, delivery particulars, information about any photos, images and/or designs that you provide and/or product measurements. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and paragraph 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
8.8.1 deal with technical problems or make minor technical changes;
8.8.2 update the product to reflect changes in relevant laws and regulatory requirements;
8.8.3 deal with any potential infringement of a third party’s intellectual property rights by using any photos, images and/or designs provided by you to print on the goods; and/or
8.8.4 make changes to the product as requested by you or notified by us to you (see paragraph 6).
8.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see paragraph 13.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see paragraph 13.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see paragraph 13.5).
9. Your rights to end the contract
9.1 Your rights when you end the contract will depend on what you have bought (for example, whether the products are customised goods, non-customised goods or services), whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see paragraph 12;
9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 9.2; and
9.1.3 If you have just changed your mind about the product, see paragraph 9.3. Depending upon what you have ordered, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at paragraphs 9.2.1 to 9.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided (this paragraph does not affect your statutory rights). The reasons are:
9.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
9.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
9.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
9.2.4 you have a legal right to end the contract because of something we have done wrong in respect of this contract.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most non-customised goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
9.4.1 customised goods (as described in paragraph 4.1.1);
9.4.2 digital products after you have started to download or stream these;
9.4.3 services, once these have been completed, even if the cancellation period is still running;
9.4.4 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
9.4.5 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
9.4.6 any products which become mixed inseparably with other items after their delivery.
9.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
9.5.1 Have you bought services (for example, planting trees in your name)? If so, you have 14 days after the day we email you to confirm we accept your order However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
9.5.2 Have you bought digital content for download or streaming (for example, an album)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
9.5.3 Have you bought non-customised goods (for example, apparel that is not made to your specifications and does not contain any photo, image or design provided by you)? If so, you can cancel your order at no cost any time before we issue the Dispatch Confirmation relating to the applicable goods. Following the issuing of the Dispatch Confirmation, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(b) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
10. How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Call customer services on 01983 409790 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.2 Online. Complete the form on our website.
10.1.3 By post. Print off the form shown in Schedule 1 to these terms and conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Rapanui Clothing, Hooke Hill, Freshwater, Isle Of Wight, England, PO40 9BG. Please call customer services on 01983 409790 or email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
10.3.1 if the products are faulty or misdescribed; or
10.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. However, please see paragraph 10.4 in respect of the costs of return.
10.4 UK deliveries. Deliveries within the UK are eligible for no cost returns via Freepost, instructions for which are provided in your delivery confirmation email and on the outside of the packaging of the products.
10.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 Deductions from refunds if you are exercising your right to change your mind in accordance with these terms and conditions. If you are exercising your right to change your mind:
10.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the non-customised goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the non-customised goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.6.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.7 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 then:
10.7.1 If the products are non-customised goods, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see paragraph 10.2.
10.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, but not limited to, delivery particulars, information about any photos, images and/or designs that you provide and/or product measurements;
11.1.3 you do not, within a reasonable time, allow us to deliver the products to you;
11.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services; or
11.1.5 any photos, images and/or designs provided by you to print on the goods are likely to infringe any third party’s intellectual property rights.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 working days (being days, other than Saturdays, Sundays or public holidays in England, when banks in London are open for business) in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
12. If there is a problem with the product
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01983 409790 or write to us at [email protected].
12.2 Conformity with this contract. We are under a legal duty to supply products that are in conformity with this contract.
12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us. We will pay the costs of postage or collection. Please call customer services on 01983 409790 or email us at [email protected] for a return label.
13. Price and payment
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. All prices are payable in Great British Pound Sterling. We take reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, and American Express credit and debit cards. When you must pay depends on what product you are buying:
13.4.1 For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
13.4.2 For digital content, you must pay for the products before you download them.
1.4.3 For services, you must pay for the services, before we start providing them.
13.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or that is not caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
14.2 We are not responsible for loss or damage caused by events beyond our reasonable control. If we fail to comply with these terms as a result of any event that is beyond our reasonable control (for example, but not limited to, interruption or failure of utility service, epidemics, pandemics, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition), we will not be responsible for any loss or damage you suffer as a result.
14.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
14.4 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.5 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.6 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.7 Exclusion of implied terms. To the fullest extent possible under applicable law, except as expressly set out in these terms and conditions we exclude any and all terms, conditions, warranties and representations of any kind whether express or implied, in relation to our products. However, this does not affect any of your statutory rights including, but not limited to, in relation to products that are not of satisfactory quality or your contract cancellation rights.
15. Third Parties
15.1 We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with agreements or arrangements that you enter into with third parties, or your use of or reliance on any content, goods or services available on or through any third party sites or resources or in general any dealings with any third parties. If you have any problems or disputes in connection with such third party agreements, please address them directly with the applicable third parties.
15.2 Specifically, Teemill Store Operators and associated sites through which you may have accessed and ordered products are not affiliates, agents, or representatives of Teemill. Any agreements you may have with such Teemill Store Operators and other third parties are separate from these terms and conditions. These terms and conditions and any documents expressly incorporated herein contain the entire agreement between you and us for the sale of products and any other terms are hereby excluded.
15.3 Furthermore, our websites may provide, or third parties may provide, links to other third party websites or resources. Because we have no control of such third party sites and resources, you acknowledge and agree that we are not responsible for the availability of such sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies of such sites and resources, including their processing of personal data, which may differ from our policies.
16. How we may use your personal information
16.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy.
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the other person is not of adequate financial standing to comply with these terms or is, in our opinion, likely to breach these terms. However, you may transfer our guarantee at paragraph 1.1 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing copies of correspondence demonstrating an affective assignment of the guarantee.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 17.2 in respect of our guarantee.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Changes to these terms. We reserve the right to make changes to our website, policies, and terms and conditions, including these terms and conditions at any time. You will be subject to the terms and conditions in force at the time that you order products from us, unless any change to those terms and conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you (for example, see clause 6.1.1)).
17.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.