Terms & Conditions
Terms and Conditions
This website at the URL (www.cuppycuts.com) ("the Cuppy Cuts website") is owned by Cuppy Cuts Limited, a company registered in England and under Company number 13586503, whose registered office is at 41 Toynbee Street, London, England, E1 7NE ("Cuppy Cuts").
Products purchased via the Cuppy Cuts website will be sold to you by Cuppy Cuts Limited. Cuppy Cut's VAT number [ ].
It is important that you read these terms and conditions ("Sales Terms") carefully before ordering any Products from the Cuppy Cuts website. Your purchase of Products via the Cuppy Cuts website will be governed by the Sale Terms. By ordering any Products, you agree to be bound by the Sale Terms.
- About These Sales Terms
- These Sales Terms are applicable to all orders and purchases made via the Cuppy Cuts website. Cuppy Cuts may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply on or after the date that the revised Sales Terms are published. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
- Cuppy Cuts offers products for sale via the Cuppy Cuts website to consumer customers. Cuppy Cuts reserves the right to not fulfil orders placed by non-consumers or by individuals who fail to comply with these terms.
- With regard to purchases made by you via the Cuppy Cuts website, Cuppy Cuts will usually communicate with you electronically by email, using the email address provided to Cuppy Cuts when you place an order or otherwise communicate with Cuppy Cuts. You may still contact us using one of the methods referred to in section 17 (Contact Details) below or by using the contact details on the Cuppy Cuts website.
In using the Cuppy Cuts website you agree to comply with Cuppy Cuts' Acceptable Use Policy
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF SECTION 15 (LIABILITY). IF YOU FIND YOURSELF UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS LISTED ON THE CUPPY CUTS WEBSITE.
- Your account
- If you create an account (personal user identification or username) on the Cuppy Cuts website, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password.
- By creating an account, you agree to accept responsibility for all activities and purchases that occur under your account, unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
- Cuppy Cuts makes no guarantee that the Cuppy Cuts website or your account will be error free or secure from bugs or viruses. You are responsible for your own information technology and security and you should use your own virus protection software. Please tell us immediately if your account or payment details have been lost or stolen. If we become concerned about the security of your account we may block access and usage.
- Placing an Order
- To be able to buy Products you must:
- 3.1.1.read and accept these Sales Terms;
- 3.1.2.provide your name and address, phone number, email address, payment details and other required information;
- 3.1.3.provide an eligible delivery address in Great Britain or Northern Ireland (see below for further details);
- 3.1.4.be legally capable of entering into binding contracts; and
- 3.1.5.be the owner or authorised holder of a valid debit/credit card, gift card or Apple Pay account (see section 6 (Payment) for details of the payment methods accepted on the Cuppy Cuts website).
- You may place an order by clicking on the "ADD TO BAG" button and proceeding to the checkout page.
- At the checkout page you will be provided with an opportunity to review your order(s), read and accept these Sales Terms, check the total price of your order(s) and the information you have provided, and correct any input errors before confirming your order(s).
- You must check and ensure that your delivery address is correct before placing your order as it may not be possible to change your address before the order is dispatched. Please see section 4 (Order Processing) below which deals with this in more detail.
- The Cuppy Cuts website currently ships to all addresses within Great Britain and Northern Ireland excluding hotels, hostels, prisons, P.O. Boxes and BFPO (British Forces Post Office) addresses. We do not currently deliver to Channel Islands.
- Order Processing and Contract Formation
- Once you have submitted your order(s) using the Cuppy Cuts website, Cuppy Cuts will send you an email acknowledging receipt of your order(s) ("Order Receipt Confirmation") and setting out details of the ordered Product(s).
- Cuppy Cuts may not always be able to accept your order and Cuppy Cuts may choose not to accept your order in its sole discretion. For example (without limitation) there may be pricing errors, insufficient stock, unusual orders or orders which Cuppy Cuts suspects are not placed in good faith. There may also be unexpected events outside of our control meaning we may be unable to fulfil your order.
- If your order is not accepted Cuppy Cuts will inform you via email, and if any payment has already been taken you will be reimbursed in full for any sums paid to Cuppy Cuts for that order.
- After receiving your order(s), Cuppy Cuts will check that the relevant Product(s) is/are in stock. A contract for the sale of Products between you and Cuppy Cuts, which will be governed by these Sale Terms, will only be formed when Cuppy Cuts emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched ("Shipment Confirmation").
- The contract is formed upon Cuppy Cuts sending the Shipment Confirmation to you at the email address provided with your order. Please contact Cuppy Cuts' Customer Care Team if you have not received your Shipment Confirmation within 72 hours of placing your order.
- A contract for the sale of Products will relate only to those Products whose dispatch has been confirmed in the Shipment Confirmation. Cuppy Cuts will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.
- In the Order Receipt Confirmation you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation and these Sales Terms for your records.
- If you would like to amend or cancel your order before you have received your Shipment Confirmation, you must contact the Cuppy Cuts Customer Care Team as soon as possible using one of the methods set out in section 17 (Contact Details) or as otherwise set out in the Order Receipt Confirmation. It may not be possible to amend or cancel your order, or to prevent dispatch of the Products, due to the speed with which orders are processed. If Cuppy Cuts is unable to amend or cancel your order and the Products are dispatched to you, you have the option of either refusing to accept the delivery, in which case the Products will be returned to Cuppy Cuts, or accepting the delivery and then returning the Products to Cuppy Cuts in accordance with section 12 (Returns and Refunds).
Once you have received your Shipment Confirmation, it will be too late to prevent the Products from being dispatched to you. If you would like to cancel your order after this point, please see section 12 (Returns and Refunds) below.
- Prices, Shipping and Handling, Charges and Taxes
- The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation and in your Shipment Confirmation. All prices are payable in Great British Pound Sterling (GBP).
- In the event of a pricing error, whether on the Cuppy Cuts website or in an Order Receipt Confirmation or otherwise, you accept that Cuppy Cuts has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation, Cuppy Cuts will notify you of the correct price and give you the option of proceeding with the order or cancelling it. If we are unable to contact you or if we do not receive a response from you, your order will be cancelled and any amounts paid by you to Cuppy Cuts for the Products will be reimbursed. If you do not want to proceed with your order your sole remedy in the event of such a pricing error is to cancel your order.
- You acknowledge that even after Cuppy Cuts has sent you the Shipment Confirmation, if the pricing error is obvious and could reasonably have been recognised by you as an error, then Cuppy Cuts will be under no obligation to provide the relevant Product(s) to you at the incorrect price.
- Prices for the Products include VAT and/or other applicable taxes but do not include charges for shipping and handling. Separate charges for shipping and handling (and their related VAT or other taxes) will be clearly displayed on the screen prior to the completion of your order and will be confirmed in your Order Receipt Confirmation.
- Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipment Confirmation (save in the case of a manifest pricing error as described above).
- Payment
- Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, Maestro, PayPal, Apple Pay, or Cuppy Cuts Gift Card).
- Approved credit and debit card types are listed at the Cuppy Cuts website checkout. In the event Cuppy Cuts does not receive the appropriate authorisation from your card or payment service provider, Cuppy Cuts reserves the right to reject your order.
- For most payment methods, payment for your order, including all applicable taxes, shipping and other charges, will be taken from the applicable card or payment service once Cuppy Cuts has sent you the Shipment Confirmation.
- Delivery
- You should allow up to 3 business days (excluding Sunday and bank holidays) for standard delivery and up to 1 business days for Next Day delivery (orders must be placed by 6pm, excludes Sundays and bank holidays) for in stock items (check here for current delivery periods). Delivery shall in any event take place within 30 days after Cuppy Cuts has sent you the Shipment Confirmation. Cuppy Cuts reserves the right to substitute another carrier of equal or lesser cost to deliver your order. The delivery options described above are the only shipping options available for sales through the Cuppy Cuts website. Cuppy Cuts is unable to accept any special delivery requests, which are outside the scope of these two options.
- If Cuppy Cuts cannot deliver your order within the period specified in your Shipment Confirmation, Cuppy Cuts will notify you as soon as possible. You may choose to cancel your order, in which case Cuppy Cuts will provide you with a full refund. If you choose not to cancel your order, Cuppy Cuts will endeavour to deliver your order within a reasonable period of time.
- If you unreasonably defer delivery or delay the receipt of delivery after Cuppy Cuts has notified you that the carrier has tried to deliver the ordered items to you, or if you have provided Cuppy Cuts with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to Cuppy Cuts, your order will be cancelled and a full refund will be issued to you.
- Events Outside the Control of Cuppy Cuts
- Cuppy Cuts shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control, including, but not limited to:
- 8.1.1.civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 8.1.2.strikes or lock-outs (or other industrial action);
- 8.1.3.national or local states of emergency;
- 8.1.4.interruption or failure of communication or transportation facilities;
- 8.1.5.power or utility outages;
- 8.1.6.non-performance by suppliers or subcontractors (other than by companies in the same group of companies as Cuppy Cuts A/S);
- 8.1.7.earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
- 8.1.8.impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
- 8.1.9.the acts, decrees, legislation, regulations or restrictions of any government.
In such circumstances, Cuppy Cuts will notify you and take reasonable steps to minimise any delay. The time for Cuppy Cuts's performance of its obligations is deemed to be extended for the period that any of the above continues. If Cuppy Cuts is unable to fulfil your order because of any circumstances outside of its control, or if there is a substantial delay to our delivering your order, you may cancel your order and obtain a full refund.
- Product Availability
- Cuppy Cuts uses reasonable efforts to ensure the availability of Products you order from the Cuppy Cuts website. However, Products are made available to purchase on a "first in-first out" basis and are only available while stocks last.
- Compatibility, Product Information
- Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the Cuppy Cuts website as your final point of reference when checking compatibility. In the event of a difference between the Cuppy Cuts website content and any other website (or any other source of information) the compatibility of Products as shown on the Cuppy Cuts website at the time of purchase will be seen as taking precedence.
- Images on the Cuppy Cuts website may vary depending on your device's display quality. Whilst every effort is made to reproduce images of the Products in the most accurate way possible, these images are for illustrative purposes only and your Products may vary from those images for example, in colour, size, pattern and texture. The packaging of Products may also vary from that shown in images on the Cuppy Cuts website.
- If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact the Cuppy Cuts Customer Care Team for assistance without delay, either via email or by phone.
- Title to Products
- Ownership of the Products will pass to you only when Cuppy Cuts has received full payment in respect of your order, including all taxes, shipping and other charges. The Products will be at your risk from the time of delivery.
- Return and Refund
- The Cuppy Cuts website does not accept returns or exchanges of: (i) Cuppy Cuts Gift Cards or eGift Cards; (ii) products purchased from any Cuppy Cuts store, Cuppy Cuts concession store, Cuppy Cuts outlet store, from stores which do not exclusively sell Cuppy Cuts products, or from any overseas Cuppy Cuts store; (iii) any bespoke, made-to-order, hand-made or customised products.
- Please note all our products are hand-made.
- If you need to return any Product because you believe it is faulty, you must contact the Customer Care Team for further assistance before returning your product, either by either by using our contact us form, or by ordinary mail to Cuppy Cuts at 41 Toynbee Street, London, England, E1 7NE.
- Once you have returned your Product in accordance with our instructions and your refund has been approved by Cuppy Cuts, Cuppy Cuts will replace the faulty item.
- If you do not return a Product and you are unable to provide proof of postage of the said item(s)), Cuppy Cuts reserves the right to refuse a replacement.
- Third-Party Links
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. Cuppy Cuts is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- Cuppy Cuts is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- User Comments, Feedback And Other Submissions
- If, at the request of Cuppy Cuts, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that Cuppy Cuts may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Cuppy Cuts. Cuppy Cuts is, and shall, be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- Cuppy Cuts may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Cuppy Cuts takes no responsibility and assume no liability for any comments posted by you or any third-party.
- Errors, Inaccuracies And Omissions
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- Liability
- Cuppy Cuts warrants to you that any Product purchased from the Cuppy Cuts website is of satisfactory quality and fit for all the purposes for which products of the same kind are commonly supplied.
- Cuppy Cuts is only liable for reasonably foreseeable loss and damage. Cuppy Cuts is not responsible for any loss or damage that is not reasonably foreseeable.
HOWEVER, NOTHING IN THESE SALES TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER. TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CUPPY CUTS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS FROM THE CUPPY CUTS WEBSITE.
- Severability
- If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable (deleted) from these Sales Terms and this will not affect the validity and enforceability of any remaining provisions.
- Contact Details
- Cuppy Cuts' Customer Care Team will assist you with any Cuppy Cuts website order related questions or complaints.
- You can contact the Cuppy Cuts Customer Care Team via the contact us form on the Cuppy Cuts website or in writing to Cuppy Cuts Limited at 41 Toynbee Street, London, England, E1 7NE.
- Cuppy Cuts will endeavour to resolve any complaint you may have.
- Your rights and obligations to another person or organisation
- These Sales Terms are binding on you and Cuppy Cuts. It will also be binding on any person or organisation to which Cuppy Cuts might transfer its rights and obligations to.
- You may not transfer or otherwise dispose of your contract with Cuppy Cuts, or any of your rights or obligations arising under it, without Cuppy Cuts' prior written consent.
- Cuppy Cuts may transfer or otherwise dispose of a contract with you, or transfer any of Cuppy Cuts' rights or obligations arising under it, at any time. If you have an outstanding order with Cuppy Cuts at the time of any such disposal or transfer, you will be contacted if Cuppy Cuts and you may cancel your outstanding order if you do not want to proceed.
- Third Party Rights
- Any person who is not a party to the contract between you and Cuppy Cuts is not entitled to enforce any of its terms.
- Intellectual Property Rights
- The content on the Cuppy Cuts website including all jewellery design, copyright, trademarks and other intellectual property rights it contains, including the name Cuppy Cuts is the sole property of Cuppy Cuts or its licensors.
- Data Protection
- Cuppy Cuts believes strongly in protecting user privacy and personal data.
- Waiver
- If Cuppy Cuts fails, at any time, to insist that you comply with your obligations under these Sales Terms, or if Cuppy Cuts does not exercise any of its rights under these Sales Terms, this does not constitute a waiver of such rights and does not mean that you are free to ignore your obligations. Cuppy Cuts can still require you to comply at a later date.
- Indemnification
- You agree to indemnify, defend and hold harmless Cuppy Cuts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Entire Agreement
- These Sales Terms and any document that we have referred to within them (including via hyperlink) represent the entire agreement between Cuppy Cuts and you and takes precedence over any other previous agreement or representation made to you whether oral or in writing.
- You acknowledge that, in entering into a contract with Cuppy Cuts, you have not relied on any representation or promise given by Cuppy Cuts or anyone else except as set out in these Sales Terms.
- Governing Law and Jurisdiction
- These Sales Terms and your purchase of Products from Cuppy Cuts through the Cuppy Cuts website shall be governed by and construed in accordance with the laws of England.
- Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from Cuppy Cuts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.