Terms & Conditions
These Terms and Conditions apply to The Norfolk Day Shop hosted at norfolkday.co.uk (the “Shop”) which is operated by Archant Community Media Limited (whose registered office address is Prospect House, Rouen Road, Norwich NR1 1RE and whose company number is 19300 in England and Wales.), referred to below as “Archant”, “We”, “Our” and “Company”.
To use this Shop you must be legally capable of entering into a financial contract. You will also need to register/log-in with PayPal to use the Shop and will be subject to PayPal’s terms and conditions.
These Terms and Conditions are subject to change at any time. You should check these Terms and Conditions posted on the Shop periodically to ensure that you are aware of and comply with the current version. Any such change will be effective to all new Orders once included in the text of these Terms and Conditions and posted on the Shop. Your acceptance of these Terms and Conditions is given when you purchase Goods from the Shop.
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times. The Shop shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Where you wish for Goods to be delivered outside of the United Kingdom, please note that you must comply with all applicable laws and regulations of the country for which the products are destined. Archant will not be liable for any breach by you of any such laws.
The Terms and Conditions contain the following parts:
Part 1 – Buying Goods
Part 2 – Delivery
Part 3 – Returning Goods
Part 4 – Disputes procedure
Part 5 - Disclaimer of warranties and limitation of liability
Part 6 - General terms relating to Archant’s relationship with you
Part 1 – Buying Goods
This Part 1 sets out some terms, which apply to your purchase or reservation of Goods from the Shop.
All prices are, unless otherwise stated, inclusive of applicable taxes. Delivery charges may apply and these will be displayed in the Order process. We will make all reasonable steps to ensure that all local taxes and duty are paid but in rare circumstances you may be required to pay a local duty on international goods..
b. Order process
By placing Goods in your basket and proceeding with the checkout procedure, set out below, (your "Order"), you make an offer to purchase a product:
Checkout step 1 – login to your account, using either your account details or your PayPal login.
Checkout step 2 – Register your credit/debit card details, if not already registered.
Checkout step 3 – Enter delivery address and confirm payment. Where applicable only one promotional code can be used at a time
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per Order. These restrictions also may be applicable to Orders placed by the same account, the same credit card, and also to Orders that use the same billing and/or shipping address, or are placed by dealers. All Goods are subject to availability – we may not be able to supply your Order.
Please note that when buying Goods over the internet the colours which are shown for the Goods on the Shop will depend on many factors – including your display settings and that all sizes and measurements are approximate..
c. Acceptance of your Order
Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us. Where you Order more than one product your Order contains a series of offers for each product individually.
On receipt of your Order, we will send you an Order acknowledgement email to the email address you have provided. This Order acknowledgement email will contain your Order number, details of the Goods Ordered and a delivery estimate. Note that this email is only to acknowledge that your Order has been received, and is not acceptance by us of any offers to purchase Goods.
We must receive full payment both of the price of the Goods and any delivery charges before it can accept any Orders. Where you select to pay by credit or debit card the presiding banking institution or payment gateway operating on behalf of us will process the payment at the time of preparing your Goods for dispatch. Depending on the financial institution that you choose to make payment from an international transaction fee may be charged by that financial institution on your purchase. Please note that this fee is not charged by us or the Shop and as such we can not refund you any amount levied in this respect.
You will not be charged until your Order is verified, payment authorised, and your Order has entered the shipping process.
An offer made by you to purchase Goods shall only be deemed to be accepted by us when we dispatch that product to you and send you an Order dispatch email which includes details of the Goods. We reserve the right to refuse any offers in an Order prior to acceptance. If Goods are not available we will include details of the unavailable product in the Order dispatch email. Goods which are not available will not be included in the contract for Goods which are dispatched.
We reserves the right to decline your Order at our sole discretion. We reserve the right without prior notice to discontinue or change the specifications for Goods, locations where Goods are delivered, and prices on Goods without incurring any obligation to you.
Part 2 – Delivery
Delivery Details For UK postage please add £2.
All Items will be dispatched within 3 workings days after acceptance of your order and will be with you no later than 14 days after dispatch.
Any delivery estimates given on the Shop or by the Order confirmation email are estimates only.
We endeavour to ensure that the Goods that you Order are provided by the agreed delivery date and where applicable time, however delays are occasionally inevitable due to unforeseen circumstances. Neither us nor our nominated carrier shall be under any liability for any delay or failure to deliver the Goods within the estimated time frame.
Risk of loss and damage of Goods passes to you on the date and time of delivery of the Goods.
Part 3 – Returns Policy and Refund Policy
This Part 3 sets out the terms, which govern your right to return any Goods that you do not want to keep.
Please ensure you return Goods in their original condition and packaging, unworn and unwashed, with all labels intact. In addition, Goods listed in section a of Part 3 below under ‘What can’t I return?’ shall not be refunded.
a. What can’t I return?
Unfortunately, the items on the list below can not be returned unless they are faulty:
b. How long do I have to return Goods?
- Bespoke or personalised products made to your specific requirements or measurements
- Perishable products (including but not limited to food or drink)
- Creative pieces that are specially commissioned when you place an order, including but not limited to art, sculpture and ceramics
- Personal items sold with a hygiene seal (including but not limited to cosmetics or underwear) where the seal is broken
- Earrings for pierced ears
- CDs, DVDs or software if you've broken the seal on the wrapping
Your rights under this Part 3 are in addition to the cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as amended or superseded from time to time. If you wish, you may notify us in writing by letter or email that you wish to cancel your contract before the end of 30 calendar days from the day after you receive the products. You must then return the Goods to us in the specified manner below within 35 calendar days after the day on which you notify us you wish to cancel your contract.
If you return your purchase by post or courier after the periods outlined above (with the exception of faulty or damaged goods) we reserve the right not to offer you a refund in full. We may return your purchase to you on payment of an additional delivery fee. This refund policy does not affect your statutory rights in respect of faulty or damaged goods.
c. How do I return Goods?
Items purchased online at norfolkday.co.uk must be returned using the process below:
Step 1: Write your name, address, postcode and Order number on the returns form together with any other requested information.
Step 2: Enclose the return form with your Goods in accordance with the instructions contained therein.
Step 3: Ensure your Goods are in a securely wrapped parcel and address the parcel to address detailed on the returns form.
Step 4: Take the parcel (with enclosed return form) and the dispatch note to the Post Office.
Step 5: Request that the Post Office clerk provides proof of posting. We advise you to return goods using a trackable service such as Royal Mail Recorded Delivery as we cannot accept any responsibility for items lost during the return process.
Step 6: Retain your proof of posting until you have received your refund.
Once you decide to return the Goods you must not use them and must take reasonable care of them while they remain in your possession. The Goods must be returned intact, undamaged as soon as reasonably possible.
You will be responsible for all of the costs associated with returning any Goods to us, unless the Goods are faulty or not as described in the Shop, in which case we will be responsible for the costs.
d. When will I receive my refund?
We or presiding banking institution or payment gateway on our behalf will refund to the payment card the price paid for the Goods upon acceptance the return, less any agreed costs, this will normally be refunded to you in five working days of an item being received by us.
Fees and charges for online Goods will be refunded by us, but refunds of delivery charges are limited to the amount of the least expensive common and generally accepted kind of delivery offered by the us (please see Delivery above).
Part 4 – Disputes Procedure
If you have a dispute with regards to any Order, in the first instance you should contact us directly to try to resolve any issues. If you are unable to settle your dispute with us, you have 45 days from the date of the transaction to register your dispute with PayPal via their Resolution Centre.
Nothing under these terms and conditions affects your statutory rights.
Part 5 – Disclaimer of warranties and limitations of liability
To the fullest extent possible under applicable law, Archant disclaims any and all warranties of any kind whether expressed or implied, in relation to its website, goods and services. This does not affect your statutory rights in relation to faulty or damaged products or your contract cancellation rights.
Archant will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for: any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation and any special or indirect losses suffered or incurred arising out of or in connection with the provisions of any matter under these terms and conditions.
Nothing in these terms and conditions will limit the liability of Archant for death or personal injury resulting from its negligence or that of its servants, agents and employees.
Archant does not guarantee continuous, uninterrupted access to the Shop, and operation of the Shop may be interfered with by numerous factors outside Archant's control.
Archant does not endorse, nor makes any warranty as to the accuracy, suitability, completeness, reliability or continuous supply of any information or content supplied on this website.
Nothing under these terms and conditions affects your statutory rights.
b. Limitation of liability
Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation, which cannot lawfully be excluded or limited.
You acknowledge that Archant has no control over any content supplied by third parties which can be accessed via this site. Archant excludes all liability relating to the value and integrity of such third-party products and services.
SUBJECT TO ANY OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARCHANT AND ANY OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES (OR LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SHOP ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN, SUBJECT TO ANY OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY (SEVERALLY AND NOT JOINTLY) TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY GOODS.
Part 6 – General terms relating to our relationship with you
We will not be responsible for the performance of any obligations under these Terms and Conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
The name Archant and all Archant logos, slogans, programme names and designs are the trade marks, service marks, trade names and design rights of Archant cannot be reproduced without the prior written consent of Archant or its licensors. Where the names, logos and trademarks of third parties are displayed these are used with the permission of the owners. Copyright in the material contained on this website is owned by Archant or its content suppliers or licensors, as applicable.
Nothing contained herein shall be construed as conferring any licence by Archant to use any material displayed. Permission to reproduce any material on this website must be obtained from the copyright holder concerned.
All notices which Archant need to give to you under these Terms and Conditions will be sent by Archant to your registered e-mail address.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
These Terms and Conditions shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes or any matter arising out of your use of this website.
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
If you have any questions or concerns regarding these Terms and Conditions, please contact the Shop by sending an e-mail to firstname.lastname@example.org
We are committed to protecting your privacy online and to managing your information responsibly.
Why We Collect Information
We collect personal information because it helps us deliver Products and services. For example, if you order a Product, we need to have information such as your billing address, Product choice, delivery information, and payment processing information. In addition, your personal information helps us communicate to you our latest Products, special offers, and information and events about which you might like to hear.
We also collect your personal information to help us design and deliver Site operations, and to deliver targeted advertisements to you. We also may correlate your personal information obtained from you with information from other sources, which may help us to develop a more targeted user profile. Similarly, we may process personal information to target specific items of interest to you. We know that everyone is busy, and nobody likes their email cluttered up with junk mail and as such we will only send you marketing messages if you choose to receive them from us. If you decide that you no longer want to receive our emails you can unsubscribe at any time by clicking and selecting 'Unsubscribe' or updating your preferences.
What Information We Collect
The following sections below describes the type of information we may collect about you.
When you shop on the Site, we will collect the information necessary to complete your order, such as your name, e-mail address, shipping address, payment information (including credit card number and/or debit card number) and billing address.
If you create an account, we will collect information about your purchases and payment methods, as well as the shipping addresses that you add to your address book, in order to make future shopping experiences faster and more convenient. We will use this information to process your transaction and dispatch your order. Any data that is necessary to process your order is mandatory, the consequence of the refusal to provide it is that we will not process the said order, on the other hand any information that is not necessary to process your order is not mandatory and the refusal to provide it has no consequence on the processing of your order.
We do not automatically collect your home address, email address, telephone number, and product preferences unless you voluntarily input this information, such as during a registration or ordering process, or when you submit questions or comments, request information, or participate in online surveys, contests, promotions or other activities.
If you do not want us to collect and process and use your information other than information necessary to fulfil the contractual obligations, please do not provide such information.
Even if you do not submit personal information through the Site, we gather navigational information about where visitors go on the Site and information about the technical efficiencies of the Site and services (i.e., time to connect to the Site, time to download pages, etc.). This information allows us to see which areas of the Site are most visited and helps us better understand the user experience. This helps us improve quality by recognising and delivering more of the features, areas, and services our visitors prefer. In this process of gathering information, we may collect for example, domain type, browser type and version, service provider and IP address, referring/exit pages, operating system, date/time stamp, and click-stream data. We may also create and use electronic records to compile statistics about how our visitors collectively interact with the Site.
How We Collect Information
We collect information in three primary ways:
You Give Us Information:
We collect information from you when you purchase a Product or service from us or when you interact with us about a Product or service we offer or provide. For example, you provide us with your information when you order a Product or establish an account with us.
We Collect Information Automatically:
We Collect Information from Other Sources:
These web beacons and plug-ins are small graphic images (typically that you cannot see) or code on a website or in an email message which are used for such things as recording web pages and advertisements clicked-on by a user, or for tracking the performance of email marketing campaigns. These devices help us analyse our customers' online behaviour and measure the effectiveness of the Site and advertising. We also work with third-party service providers that help us track, collect, and analyse this information. Third-party entities with whom we have agreements may place these devices on the website and/or in e-mails to use information obtained from them such as pages viewed, items purchased, e-mails opened and items upon which you may click in e-mails. These third-party providers may also place cookies onto your computer. Those third-party cookies may enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources as well as our information we have about you
Widgets and Server Logs
A "widget" is generally an application that can be embedded in a web page. Widgets can provide real-time information to the page. Widgets are often provided by third-parties and we may provide widgets on the Site. Widgets may enable the third-parties that provide them to collect data about users visiting the Site. We may also obtain information shared with us through the providers of these widgets.
A web "server log" is a record of activity created by a computer that delivers certain web pages to your browser. Certain activities that you perform on the Site may record information in server logs, such as if you enter a search term into a search box located on the Site. The server log may record the search term, or the link you clicked on to bring you to the Site. The server log may also record information about your browser, such as you IP address and the cookies set on your browser.
Search Queries on Our Website
We may provide you with options to search for information on the Site. If you enter information in a search query box, we may store that information and we may aggregate that information with other information we may have about the browser and/or IP address from which the search query originated.
How We Use the Information We Collect
We use the information we collect in a variety of ways. Generally, using all of the above mentioned, and similar type tools, we may collect, aggregate, and use information from or about you such as data about the type of browser and operating system used, which web pages you view, the time and duration or you visits to our Site, the search queries you may use on the Site, whether you clicked on any advertisements, whether you have clicked on any links in any e-mails sent from us, or third-parties on our behalf, whether you have chosen to opt-out of certain services or information sharing, and whether you have viewed or ordered certain products or services.
We use the information we collect on the Site and through providing you with Products and Services in the following ways, including: (i) provide the Products or services you may order, including processing orders, returns and dealing with third party payment providers; (ii) analyse trends and conduct research about improving our Products and services; (iii) provide support and respond to questions from customers and visitors; (iv) improve the Site, Products or services; (v) learn about customers' needs; (vi) where we have the appropriate permissions in place, contacting consumers for research, informational, and marketing purposes, including customising our product recommendations to you based upon your information and purchases; (vii) track traffic patterns and site usage; (viii) enable online ordering and provide customer service with respect to such orders; (ix) correlate information with other commercially available information to identify demographics and preferences to assist us in our marketing efforts; (x) provide specific relevant marketing, promotional, or other information to you; (xi) address information security and/or privacy practices control, network functioning, engineering, and troubleshooting issues; (xii) investigate claims and/or legal actions, violations of terms and conditions, and compliance with relevant applicable laws and legal process; (xiii) comply with law, or based on our good faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to the agencies concerned to: prevent fraud, to reduce credit risks, to cooperate with police and other governmental authorities, or to protect the rights, property or safety of visitors to the Site or the public.
Some elements on the Site, such as any sponsored links advertising, are supplied to us by third parties under contract. We may supply some of the information we collect from you to those third parties so that they can provide those elements for display. We may share the following information with such third parties: (a) your Internet Protocol (IP) address; (b) the address of the last URL you visited prior to clicking through to the Site; (c) your browser and platform type; (d) your browser language; (e) the data in any undeleted cookies that your browser previously accepted from us; and (f) the search queries or word look-ups you submit.
Your Choices about the Information We Collect
If you do not consent to the way in which we may use your information, please do not submit any information to us.
If you do not wish to receive e-mails about special offers, new fashion trends, contests and other promotions from us click the unsubscribe link located in our e-mails.
If you do not wish for us to share your information for any promotional or marketing purposes, please contact us and inform us of your wishes. Please provide enough information for us to determine the nature of your request.
Privacy of Children Who Visit theSite
We recognise the importance of children's safety and privacy. The website is not designed to attract children, and is not intended for use by any children under the age of 13. We do not request, or knowingly collect, any information from children under the age of 13. Children under the age of 18 may use the website only under the supervision of a parent or legal guardian before on the Site.
Information Stored Outside of the United Kingdom
When visiting the Site your connection will be through and to servers located in the United Kingdom. All information you receive from us will be created on servers located in the United Kingdom, and all information you provide will be maintained on web servers and systems located in the United Kingdom. The data protection laws in the United Kingdom might not be the same as the laws in other countries. By using the Site and/or submitting information to us, you specifically consent to the transfer of your information to the United Kingdom to the facilities and servers we use, and to those with whom we may share your information.
Updating Personal Information
We aim to keep your personal information accurate and up-to-date. If you would like to change your contact information, please click here and update your personal information details.
For your convenience, the Site may contain links to other websites. We are not responsible for the privacy practices, advertising, products, or the content of such other websites. None of the links should be deemed to imply that we endorse or have any affiliation with the links.
We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you.
Please note that no data transmitted over the Internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorised persons will view your information. We cannot ensure that information you share on the Site will not become publicly available. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
Questions / Changes in Policy