Terms & Conditions

These are the terms and conditions of supply for www.smiffys.com (Site). The Site is operated by Smiffys II trading as Smiffys (we, us and our). We are a limited company, registered in England. Our registered company number is 15792926, and our registered office is at C/O Enesco Limited Brunthill Road, Kingstown, Carlisle, England, CA3 0EN. We are a member of the Giftware Association. Our VAT registration number is GB 470 3892 77.

Your purchase of any of the products offered on this Site (Products) is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of the Site itself is subject to our Website Terms of Use. Use of your personal information submitted to or via the Site is governed by our < ahref="https://www.smiffys.com/cms/page/view/page_id/9">Privacy and Cookies Policy.

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed. These terms and conditions were last updated on 26 May 2017.

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the "Complete Payment" button on the checkout page.

After placing an order, you will receive an email acknowledging that your order has been received and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy Product(s). All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Complete Payment" button, you enter into an obligation to pay for the Product(s) in the event that your order is accepted. Once your order is accepted, you will be sent an email that confirms that the Products have been despatched (Despatch Confirmation). The Contract between you us in relation to the Products ordered will only be formed when the Despatch Confirmation is sent. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

The Contract will relate only to those Products whose despatch has been confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

In the event that you provide us with any specification, design or other material ("Customer Material") in relation to a proposed bespoke order (i.e. an order for Products which are not available from stock but which, by special arrangement, we may (in our discretion) agree to supply following a specific request from you) ("Bespoke Order"), you are responsible for such Customer Material as submitted by you. You must not submit any Customer Material that:

• infringes on the intellectual property rights or other rights of any third party, or is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent or offensive;
• contains or distributes any viruses and/or other code that has contaminating or destructive elements; or
• impersonates, or misrepresents an affiliation with, any person or entity.

By submitting any Customer Material, you confirm you have the right to do so and grant to us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify and adapt such Customer Material (in whole or part) and/or to incorporate it in other works in any form.

Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the United Kingdom delivery address you specify when placing your order, unless you opt (where available) to collect it from one of the collection points offered by our courier from time to time, where the courier offers such a collection service. A current list of the available collection points can be found on the Site. If you opt for this collection service, your entire order will be delivered to your chosen collection point and will be available for collection by you from the date notified to you by our courier. When collecting your order, you should take with you the Despatch Confirmation, along with some form of identification (such as a credit card or driving licence).

You are responsible for making sure your delivery address is correct. If the delivery address is a business address, please ensure the business name is specified in the first address line. If your address is geographically remote, for example certain outlying islands or other isolated locations, it may not be possible to deliver there. If that is the case, you will be notified before your order is accepted. Orders cannot be delivered to PO Box or similar addresses.

Products comprised within the same order cannot be delivered to different addresses.

Orders are delivered by courier, using your chosen delivery method and service where prompted on the Site. Courier deliveries take place on Monday to Saturday, excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require a delivery to be signed for.

Products ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Products ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Products, including any delivery charges, has been received.

The price of Products is as quoted on the Site from time to time.

Prices include VAT but exclude delivery costs, which will be added (at the cost shown) to the total amount due, once you have selected your chosen delivery method and service where prompted on the Site.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which a Despatch Confirmation has already been sent.

The Site contains a large number of Products and it is always possible that, despite best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of the despatch procedures so that, where a Product's correct price is less than the stated price, you will be charged the lower amount. If a Product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before the Product is despatched, or reject your order and notify you of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page. Most major credit and debit cards are accepted. Your credit or debit card will not be charged until your order is despatched.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Except in relation to certain Products set out below, you may cancel a Contract at any time before your order is delivered and up to 28 days afterwards, beginning on the day after your order (in its entirety) is delivered to you or, if you opt (where available) to collect it from one of the collection points offered by our courier and that collection point is managed by a third party other than the courier (for example, a local convenience store), the day after it is delivered to that third party.

If you cancel, you will receive a full refund of the price paid for the Products in accordance with the refunds policy (see below).

To cancel a Contract, you must clearly inform us, preferably:

• in writing or by email to customerservices@smiffys.com, giving us your name, address and order reference; or
• by completing our cancellation form available on the Site here and returning it to the address specified in that form.

You must also return the Products within 28 days after the day of cancelling, in the same condition in which you receive them, together will all the original packaging, labels and tags. This does not affect your right to take reasonable steps to examine the Products, including taking them out of the packaging and trying on any item of clothing.

You have a legal obligation to take reasonable care of the Products whilst in your possession. If you fail to comply with this obligation and you return the Products not in the same condition in which you receive them (for example, they are returned stained, marked, torn or showing other signs of having been worn (and not merely tried on) or otherwise used), then the cost of any such deterioration, up to the full purchase price of the Product, may be deducted from any refund to which you are otherwise entitled. This may mean you receive no refund at all.

You will not have any right to cancel a Contract for the supply of any Products that have been personalised or made to your own bespoke specifications (if such options are offered), unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.

To return the Products, you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if you have been provided with one) inside the parcel) and then return it, either by courier or by recorded delivery mail or other form of certified mail, to the following address: 

Smiffys.com Returns 
Unit 3/4
Corringham road industrial estate
Gainsborough
DN21 1QB

You are advised to take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products. Unfortunately, Products cannot be returned to any store.

If you cancel a Contract within the 28-day cooling-off period (see above), the refund due to you will be processed as soon as possible and, in any case, within 14 days after the day on which the Products are received back or, if earlier, the day on which you provide evidence that you have returned the Products to the returns address (see above). The full price of the Products will be refunded to you, in full (subject to any deduction we are entitled to make due to your use of or damage to the Products). However, your cost of returning the Products will not be refunded.

Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.

If any Product you order is damaged or faulty when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

Whilst reasonable steps have been taken to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it

Any information on the Site regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order (see Contacting us).

Nothing in these terms and conditions shall limit or exclude liability to you:

• for death or personal injury caused by negligence;
• for fraudulent misrepresentation;
• contrary to section 17, Part 1, Chapter 2 Consumer Rights Act 2015;
• for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted.

We will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under any Contract that is caused by events outside our reasonable control, save that nothing in this clause 10.3 shall in any way restrict your statutory rights..

The Product(s), our service to you; or any other matter, please contact us as soon as possible.

If you and we cannot resolve a dispute using out internal complaint handling procedure, we will:

let you know we cannot settle the dispute with you: and

give you certain information required by law about our alternative dispute resolution (ADR) provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the 'Your Europe' portal : https://webgate.ec.europa.eu/odr

If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.

Relevant United Kingdom law will apply to this contract.

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.