Terms & Condtions
These terms and conditions (the "Terms and Conditions") govern the use of www.thandikeepsake.com (the "Site") and all social media platforms run by Thandi Keepsake & Gifts. The Site is owned and operated by Michelle Munro. The Site is an ecommerce website.
By using the Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
1.1 Intellectual Property
All content created, published and made available on our Site is the property of Michelle Munro and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. You many use, download, print or store content and images from this site for personal use only. However; this does NOT include images of our customers and their children. We may ask you for images and/or videos to be used on this site and on our social media platforms. By sharing this either via email, message or on our social media page, you are giving us permission to use it for marketing purposes.
1.2 User Contributions
Users may post the following information on our Site:
- Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions. Any comments made that we deem inappropriate, harmful or dishonest will be removed.
1.3 Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site include (but not limited to):
- Keepsake items, including rag dolls, frames and Christmas stockings.
We are under a legal duty to supply goods that match the description of the good(s) you order on our Site to the best of our ability; however, some items may vary or will not match the exact pictures as all items are homemade and created using clothing & material you/the customer provides and some fabrics work differently when made into your keepsake items.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide as previously mentioned. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. If we are required to post your fabric/material back to you before your keepsake is made, then you will not receive a refund for the shipping cost. In some cases, we may have started on your keepsake. Therefore, fabric/material may have already been cut and you may not receive them in the same way you sent them. You will be notified if this is the case.
1.4 Payments
We accept the following payment methods on our Site:
- PayPal
- Cash (in person)
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. ALL payments must be made in full before your keepsake is created – no exceptions.
1.5 Shipping and Delivery
Delivery will take place once your keepsake is made, depending on the delivery method selected. When you purchase goods from our Site, the goods will be delivered through one of the following methods:
- By Royal Mail Tracked 48. Delivery may take between 5-7 business days.
- In person (collection only).
Delivery times may vary due to unforeseen circumstances and may take longer during busy periods. Please note that delivery times do not include weekends and bank holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase. This charges for postage will be available at checkout. All packaging costs are already included in the price.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information. We are not responsible for items lost in transit; however we will pursue a compensation request on your behalf with Royal Mail for up to £150 if we believe it to be necessary. This does not guarantee your goods will be found or that you will be compensated.
1.6 Right to Cancel
If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice.
However, this does not apply to custom or personalised goods. You can contact us for a refund if your keepsake has NOT yet been made or if the item is damaged/not the item you purchased within 14 days of receiving it.
To exercise your right to cancel you must inform us of your decision as soon as possible. To cancel, contact us by email at thandi.keepsake@gmail.com. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so.
1.7 Effects of Cancellation
If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit. You will not receive any form of refund until the goods are returned.Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
We will provide the refund no later than 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods.
We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
1.8 Refunds
Refunds for Goods
Refund requests must be made within 14 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Goods are faulty.
- You have received the wrong item.
1.9 Returns
Returns can be made by mail. To return an item by mail, you MUST use the following procedure:
Pack your goods and go to your nearest post office and pay the necessary postage. The item MUST be returned using the Royal Mail TRACKED service. A return will not be accepted if it is not tracked.
2.0 Limitation of Liability
We at Thandi Keepsake & Gifts, and our officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
2.1 Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Thandi Keepsake & Gifts, and our officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
2.2 Applicable Law
These Terms and Conditions are governed by the laws of the Country of Scotland.
2.3 Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
2.4 Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will show any changes to these Terms and Conditions including, change made, version and the date below.
2.5 Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
07912 018764
thandi.keepsake@gmail.com
You can also contact us through the feedback form available on our Site.
3.1 Fabric & Material for your Keepsake
You are responsible for ensuring you send us the correct amount of fabric to use for your keepsake. Please make sure this is clean and in a good condition (to the best of your ability). We will not be able to wash or clean your items and reserve the right to cancel your order if the fabric is not suitable. Please contact us if you are concerned about the condition of the fabric you are sending before placing your order.
3.2 Fabric & Material Not Used
If you do not wish for any fabric and material that we haven’t used to make your keepsake to be sent back to you, then this will be disposed of or recycled 3 months after your keepsake is made & delivered.
Cancellation
If you want to cancel your contract of sale with us you may email or post it back to us at the address below.
Address: 17 Kelvin Court, East Kilbride, G75 0TZ
Email: thandi.keepsake@gmail.com
Effective date: 22nd day of April, 2024
Version: 1
Privacy Policy
www.thandikeepsake.com (the "Site") is owned and operated by Michelle Munro. Michelle is the data controller and can be contacted at:
07912 018764
thandi.keepsake@gmail.com
1.1 Purpose
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:
- The personal data we will collect;
- Use of collected data;
- Who has access to the data collected;
- The rights of Site users; and
- The Site's cookie policy.
This Privacy Policy applies in addition to the terms and conditions of our Site.
1.2 GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
1.3 Consent
By using our Site users agree that they consent to:
- The conditions set out in this Privacy Policy.
1.4 Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.
We rely on the following legal basis to collect and process the personal data of users in the EU:
- Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the the personal data necessary to perform a contract the consequences are as follows: We are unable to provide the user with our service..
1.5 Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
- First and last name;
- Email address;
- Phone number;
- Address; and
- Payment information.
This data may be collected using the following methods:
- At checkout;
- If you leave a comment; and
- If you contact us to ask a question or make an enquiry.
We may contact you either on our social media or via email/message and ask for additional information about your keepsake. This will be used for marketing purposes, and you have the right to ask to be anonymous.
1.6 How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect when the user performs certain functions may be used for the following purposes:
- To send you your items purchased;
- For marketing purposes; and
- Contact you with information about our products.
1.7 Who We Share Personal Data With
Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
Third Parties
We may share user data with the following third parties:
- Marketing Agency.
We may share the following user data with third parties:
- Links clicked while using site.
We may share user data with third parties for the following purposes:
- Targeted advertising.
Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
- If the law requires it;
- If it is required for any legal proceeding;
- To prove or protect our legal rights; and
- To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
1.8 How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
1.9 How We Protect Your Personal Data
All data is password protected.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore, we are unable to guarantee the security of user data beyond what is reasonably practical.
2.0 Your Rights as a User
Under the GDPR, you have the following rights:
- Right to be informed;
- Right of access;
- Right to rectification;
- Right to erasure;
- Right to restrict processing;
- Right to data portability; and
- Right to object.
2.1 Children
We do not knowingly collect or use personal data from children under 16 years of age, however we may use a child’s first name & pictures for marketing purposes with the permission from a parent or guardian. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact us.
2.2 How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact us at thandi.keepsake@gmail.com
2.3 How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:
- You can opt-out of the use of your personal data for marketing emails or any correspondence from us. You can opt-out by email at thandi.keepsake@gmail.com
3.0 Cookies
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
- Functional cookies
Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits; - Analytical cookies
Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc; - Targeting cookies
Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalise the information you see on our Site for you; and - Third-Party Cookies
Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes:- Monitor user preferences to tailor advertisements around their interests.
3.1 Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
3.2 Complaints
If you have any complaints about how we process your personal data, please contact us on thandi.keepsake@gmail.com so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Information Commissioner's Office in the UK.
3.3 Contact Information
If you have any questions, concerns or complaints, you can contact Michelle, at: thandi.keepsake@gmail.com
Effective date: 22nd day of April, 2024
Version: 1