Terms and Conditions

Introduction

Please read these terms carefully and ensure you understand them before you use this website and place an order with us.

These terms and conditions, together with any and all other documents referred to, set out the terms and conditions under which you may use this website, to order goods or services through our site. Please read these terms of use carefully and ensure that you understand them. Your agreement to comply with and be bound by these terms of use is deemed to occur upon your first use of our site.

Use of our site is also governed by our terms of use and our Cookie and Privacy Policies. These policies are incorporated into these terms and conditions by this reference.

About Us

Our site, thumbies.co.uk, is owned and operated by Just Digital Limited, a limited company registered in England under 04954829 whose registered address is Kingfisher Way, Hinchingbrooke Business Park, Huntingdon, Cambridgeshire PE29 6FN. Our VAT number is 826191820.

Business Customers

These terms and conditions apply to business customers only.

International Customers

Please note that we currently only deliver within the United Kingdom. If goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your goods reach their destination. You should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your goods will be free of signs of tampering.

Goods, Pricing and Availability

We make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from us correspond to the actual goods. Please note, however, that images of goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of goods may vary. This does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct goods, not to different goods altogether (see below).

Where appropriate, you may be required to select the required size, model, colour, number of the goods that you are purchasing. We neither represent nor warrant that goods will be available. Stock indications are not provided on our site.

We make all reasonable efforts to ensure that all prices shown on our site are correct at the time of going online. Prices may also be made available in a pricelist, supplied to you. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.

Prices are exclusive of delivery and VAT, but VAT will be charged at the prevailing rate.

Order Process

Our site will guide you through the ordering process. Before submitting your order to us you will be given the opportunity to review your order and amend it. Please make sure you follow our upload specifications and guides. If an image does not meet our specifications you may not be able to upload it and/or you may find that it is not possible to use that image in conjunction with some or all of our goods. Please note, no refunds can be given on personalised goods faulty as a result of not following these guides or specifications. Please ensure that you have checked your order carefully before submitting it. We cannot accept the return of personalised goods if that return is due to incorrect information or upload provided by you.

No part of our site constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance of your order is indicated by us sending you an order confirmation by email.

Our order confirmation will contain confirmation of the goods ordered including full details of the main characteristics of those goods.

Payment

Payment for goods and related delivery charges must always be made in advance [unless it has been agreed you can pay by invoice and you will be prompted to pay during the order process.

Where payment will be by invoice, goods will be invoiced once an order has been shipped and will be payable as stated on the invoice. Where payment is by invoice, orders will only be processed if a PO number and a client reference is supplied.

Delivery, Risk and Ownership

We will not be responsible for delivery delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.

If no one is available at your delivery address to receive the goods and the goods cannot be posted through your letterbox or left in a safe place nominated by you, our courier will leave a delivery note explaining how to rearrange delivery.

Delivery shall be deemed complete once we have delivered the goods to the address you have provided. Ownership of the goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges). Responsibility for (the risk in) the goods will pass to you when delivery is complete.

Faulty, Damaged and Incorrect Goods

The goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality; and be fit for any purpose described by us. If any goods you have purchased do not comply, we shall, at our option, repair the affected goods, replace them, or issue you with a full refund for the price of the affected goods. Please ensure that you have checked your order carefully before submitting it. We cannot accept the return of personalised goods if that return is due to incorrect information or upload provided by you. The following conditions shall apply for a return:

You must give us written notice of the non-compliance within a week of receipt with details of the fault; you must obtain an authorisation to return; you must return the goods in question to us; and you must give us a reasonable opportunity to examine the goods in question.

We will not be liable if any of the following apply:

You have made any further use of the affected goods after giving us written notice of the non-compliance;
The non-compliance has arisen as a result of your failure to follow our instructions on the correct usage, maintenance, installation, storage, upload specifications of the affected goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;
The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to us;
You have made any unauthorised alterations or repairs to the affected goods; or
The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.

If any goods you have purchased are faulty or damaged, we shall, at our option, repair the affected goods, replace them, or issue you with a full refund for the price of the affected goods.

Returns and Refunds

If any goods you have purchased are faulty or damaged, we shall, at our option, repair the affected goods, replace them, or issue you with a full refund for the price of the affected goods.

Thumbies keepsakes are personalised, engraved products, created to your specifications. Therefore only faulty or damaged goods can be returned. In those cases, please contact us within one week of receipt of your keepsake and explain the problem (we will need this in writing as well as a photo of the item), and we will work to make it right. You must receive a Return Merchandise Authorisation form (RMA) from us to include with your return – any items sent to us without an RMA will not be processed, but sent back to sender unopened. Please also see our full T&Cs.

Any refunds due will be made using the same payment method that you used when ordering the goods.

Our Liability

We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.

Our total liability for any loss or damage caused as a result of our negligence or breach of our agreement shall be limited to the cost of the goods or services delivered.

Nothing in these terms and conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our control.

Changes to These Terms and Conditions

We may alter these terms and conditions at any time. Any such changes will become binding on you upon your first use of our site after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these terms and conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Data Protection

We will only use your personal information as set out in our Privacy and Cookie Policies. You warrant, and must ensure, that you has in place all necessary consents and notices required to enable the lawful transfer of personal data to us for the purposes of ordering goods and services through our site.

Contacting Us

To contact us please use any of the methods provided on our contact page.

Law and Jurisdiction

These terms and conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.