Terms and Conditions

This page, and the documents referred to in it, sets out the terms and conditions on which Wooden Daisy ("Company", "we", "us", "our") supply any of the products (“Products”) listed on our website www.woodendaisy.co.uk (the “Website”) to you. Please read these terms and conditions of supply (“Terms and Conditions”) carefully before ordering any Products from our Website.

By placing an order with us and/or by accessing this Website, you agree to be bound by these Terms and Conditions.

You should print a copy of these Terms and Conditions for future reference.

Last updated: 18th February 2024

1. INFORMATION ABOUT US

We operate the Websites www.woodendaisy.co.uk, www.woodendaisy.com, and www.woodendaisy.uk.  References to “Wooden Daisy”, “we”, “us”, “our” and “ours” in these Terms and Conditions means Wooden Daisy.

Through our Website, we offer you the possibility to:

  • register with us;

  • subscribe for email newsletters and offer updates;

  • contact us via the 'contact box'; and

  • buy our Products online.

All products are sold on the basis that they are suitable for domestic use only. All items sold on this website are for decoration only, and are not intended for play.

2. AVAILABILITY

Our Website is primarily intended for use by people resident in the United Kingdom. We may accept orders from individuals outside the United Kingdom. If you are an individual outside of the United Kingdom and would like to place an order with us, please email us at hello@woodendaisy.co.uk.

All orders for products are subject to availability.

3. YOUR STATUS

By placing an order through our Website, you warrant that:

  • you are legally capable of entering into binding contracts; and

  • you are at least 18 years old; and

  • you have read, understood and agreed to these Terms and Conditions, our Privacy Policy and our Terms of Use.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After selecting the Product(s) you wish to purchase, you will be requested to make an online payment via PayPal. Upon completion of the order and payment process, we will send you an order confirmation receipt via email (“Order Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Order Confirmation via email as mentioned above.

5. CONSUMER RIGHTS

If you are contracting as a consumer, you may cancel a Contract at any time within fourteen (14) working days, beginning on the day after you receive the Product(s). In this case, you will receive a full refund of the price paid for the Product(s). However, you will be responsible for the costs you incur in returning the Product(s) to us.

Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided below. This provision does not affect your other statutory rights as a consumer.

  • Please be aware that your right to cancel does not apply to certain Products that we sell, for example, items made or customised to your order, (such as personalised Products).

  • You must inform us of your wish to cancel by email at hello@woodendaisy.co.uk within a period of 14 days beginning on the day after the day you receive your Product(s), and we will advise of the process to return the Products to us.

  • You must take reasonable care of the Products and not use them. You should return the Products to us in their original packaging, wherever possible, within 14 days of informing us of your wish to cancel.

  • If you return Products to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method.

  • If Products are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.

Exceptions apply to orders for personalised Products made to your order which cannot be cancelled by you once you have received an email confirmation that your order has been received, as such Products may already be in production as a result of your order.

Following formation of the contract, Wooden Daisy shall continue to own any Product(s) ordered until we have received payment in full from you, even though the Product(s) may have already been delivered to you.

For full details of your rights under the Consumer Protection Regulations, please contact your Citizens Advice Bureau or a solicitor.

6. DELIVERY

After you have placed an order with us, we will aim to deliver the Product(s) to you within a 14 day time frame. Whilst we will use reasonable endeavours to deliver the Product(s) to you within the specified time frame, delays are occasionally inevitable due to unforeseen factors. Wooden Daisy will be under no liability for any delay or failure to deliver the Product(s) with this time frame.
We currently charge charge a flat rate of £1.50 for postage and packaging for deliveries to the mainland UK . For destinations outside of the UK, please email us at hello@woodendaisy.co.uk for a quotation, however we cannot guarantee to accept your order.

7. RISK AND TITLE

Ownership of the Product(s) will pass to you on the date when the Product(s) are delivered to your address or on the date of the first attempted delivery by us, whichever is the earlier.

8. PRICE AND PAYMENT

Our prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you our Order Confirmation.

Our Website contains a large number of Products and it is always possible that some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our confirmation procedures. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before proceeding with your order, or reject your order and notify you of such rejection.

We are under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

Payment for Products must be made via PayPal.

9. CANCELLATION, RETURNS AND REFUNDS POLICY

You may cancel your order within the fourteen-day cooling-off period (see clause ‎5 above) without incurring any additional charges provided that the Products are returned to us in a saleable condition and in original packaging.

It is your responsibility to let us know if you want to cancel your order by emailing us at hello@woodendaisy.co.uk . Products must be returned to us at your own expense. We recommend that you use a recorded delivery service when you return the Products to cover you for loss or damage in the post. There is no extra charge to exchange Products unless there is a difference in price in the Products being exchanged. We will process any refund due to you as soon as possible following receipt of the returned product.

If you receive a faulty Product and would like a refund, please return the Product to us in its original packaging.  We will then examine the returned Product and if the Product is found to be faulty you will have the option of either: (i) a replacement Product; or (ii) a full refund.  We will reimburse you for the costs that you have incurred in returning the faulty Product, provided that such costs are reasonable and that you also include proof of postage (e.g. a Royal Mail certificate of posting).

The guarantees described above are in addition to your legal rights in relation to Products that are faulty.  Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

The amount of any refund owed to you will be returned via PayPal or Stripe to the method that you used to purchase the Product.

10. INTELLECTUAL PROPERTY RIGHTS

The Wooden Daisy logos, all Product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks and/or trade dress of Wooden Daisy (“the Marks”).

You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

11. LIABILITY

  • 11.1 Subject to clause ‎11.3, if we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Product.

  • 11.2 Subject to clause ‎11.3, we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories:

    • 11.2.1 loss of income or revenue;

    • 11.2.2 loss of business;

    • 11.2.3 loss of profits;

    • 11.2.4 loss of anticipated savings;

    • 11.2.5 loss of data; or

    • 11.2.6 waste of management or office time.

  • However, this clause ‎11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories 11.2.1 to 11.2.6 inclusive of this clause ‎11.2.

  • 11.3 Nothing in this agreement excludes or limits our liability for:

    • 11.3.1 death or personal injury caused by our negligence;

    • 11.3.2 fraud or fraudulent misrepresentation;

    • 11.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or

    • 11.3.4 defective products under the Consumer Protection Act 1987; or

    • 11.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

12. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. NOTICES

All notices given by you to us must be given to Wooden Daisy, 82 Victoria Road, Elland, HX5 0QF, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;

  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

  • impossibility of the use of public or private telecommunications networks; and

  • the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause ‎14 above.

17. SEVERABILITY

If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud.

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

20. LAW AND JURISDICTION

Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

21. COLOUR REPRODUCTION

Wooden Daisy take great care with the colours used in the Products.  The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation. Every reasonable care has been taken to ensure that the descriptions are accurate, however, specifications may change.

22. LANGUAGE

This information is supplied in English only and we will continue to communicate in this way during your agreement with us.

23. CHANGES

If any of this information changes we will tell you by updating the terms and conditions at www.woodendaisy.co.uk/terms-and-conditions, or by separate email to you.