Terms & Conditions
These are the terms and conditions for www.waxlyrical.com and all other websites, mobile applications, onboard media, blogs, phone, in person, social media and other places, and other online or wireless offerings, whether accessed via computer, mobile device or other technology, owned or operated by Wax Lyrical Limited and its parent or subsidiaries (“we”, “our” or “us”) or on our behalf for the United Kingdom (collectively, our “Access Points”).
This page together with the documents expressly referred to within it state the legal terms and conditions (“Terms”) under which you may use the Access Points and under which we offer and sell you any of the products (“Products”) available through the Access Points. By using any of the Access Points and/or placing an order for any Products you agree to be bound by these Terms. If you do not agree to these Terms please refrain from using the Access Points.
These Terms will apply to any contract for the sale of Products by us to you (“Contract”). Please read through these Terms carefully before placing your order and retain a copy for future reference. Please note that before placing an order you will be asked to agree to these Terms.
Before you place an order, if you have any questions relating to these Terms please contact our Customer Service department by e-mailing email@example.com, or call us on +44 (0)1229 461140 between 9.00am and 4.30pm UK time (Monday to Friday, excluding public holidays in England). Our customer services operators speak only English. Please note that all calls made from UK landlines will be charged at your standard landline rate. Mobile phone and international call charges will vary.
We may revise these Terms at any time by updating this page. You should visit this page periodically to review the Terms because they are binding on you. Continued use of the Access Points constitutes your agreement to all such revised terms. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
INFORMATION ABOUT US
Wax Lyrical Limited is a limited company registered in England and Wales under company number 01499611 and has its registered office and main trading address at Lindal Business Park, Lindal In Furness, Ulverston, Cumbria, LA12 0LD. Our VAT number is GB 659 8959 45.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
You will be guided through the process of placing an order by a series of simple instructions on the Access Points. Please take the time to read and check your order at each stage of the order process.
You will have the opportunity to review your order and to correct any errors before placing your order. You will find further instructions on the Access Points.
You complete and place your order by clicking on the button marked “Pay Now”. After you place an order, you will receive an e-mail from us acknowledging that we have received your order and setting out the details of your order. However, please note that this does not mean that your order has been accepted. Your order is an offer to purchase the Products and no contract exists between you and us for the sale of any Products at this point.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send to you the Dispatch Confirmation.
The Contract will be exclusively in the English language. We will not file a copy of the Contract.
In using any of the Access Points and/or by placing an order you warrant that you are legally capable of entering into a binding contract with us. You may only purchase Products from our websites if you are at least 18 years old.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on the Access Points, or because of our inability to obtain authorisation for your payment, we will inform you of this by e-mail without undue delay and we will not process your order. If you have already paid for the Products, we will refund you the full amount without undue delay.
DESCRIPTION AND PRICE OF PRODUCTS
We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Access Points are correct at the time when the relevant information was entered onto our system. Although we aim to keep the Access Points as up to date as possible, the information, including the descriptions of Products, appearing on the Access Points at a particular time may not always reflect the position at the time you place your order.
The images of the Products on the Access Points are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer, tablet or mobile phone (your “Device”) will display those colours accurately to reflect the colour of the Products. Your Products may vary slightly from those images.
We offer a large number of Products on and through the Access Points. It is always possible that, despite our reasonable efforts, some of the Products available on and through the Access Points may be incorrectly priced. We cannot confirm the price of a Product until your order is accepted by us. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. We are not obligated to provide the Products to you at the incorrect price.
Prices for our Products may change from time to time, but changes will not affect any order that we have confirmed with a Dispatch Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges, which are payable by you in addition. Our delivery charges are as quoted in these Terms and they will be explained to you during the ordering process, and before you place your order.
Offers and promotional discount codes offered by us are valid only for use as part of a purchase made through the Access Points or by telephone order, unless otherwise stated, and cannot be combined with other offers or applied to past purchases. Such promotional discounts are not valid for use as part of a purchase in our retail outlets or any other shops.
Offers and promotional discounts are only available subject to their specific terms and conditions which will be shown on the Access Points.
YOUR RIGHT TO CANCEL
If you are a consumer (that is, you enter into the Contract for a purpose outside your trade, business or profession), you have a legal right to cancel the Contract, without giving any reason, during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
However, this cancellation right does not apply in the case of Products which have been personalised to your specification.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. Our systems are set up to dispatch Products as quickly and efficiently as possible and therefore if you cancel your order on the same day or even directly after you placed it, the Products may still be delivered. Your right to cancel period lasts 14 days after the Products, including Products which are described as not of first quality (i.e. ‘seconds’), are delivered to you. If your order is dispatched in multiple deliveries, your right to cancel period lasts 14 days after the date of the final delivery.
To cancel a Contract, you must inform us by giving a clear statement of your decision to cancel. You can inform us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to us at: Customer Services Team, Lindal Business Park, Lindal In Furness, Ulverston, Cumbria, LA12 0LD
You may wish to keep a copy of your cancellation notification for your own records.
You can also inform us by calling the customer services team on +44 (0)1229 461140, or by using the contact form available on the Access Points. You do not have to use the form, but if you do we will acknowledge your cancellation by email. Our customer services operators speak only English. Calls may be monitored for quality and training purposes.
If you send us your cancellation notice by e-mail or by letter, then your cancellation is effective from the date you sent the e-mail or the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us. If you use the contact form on the Access Points, your cancellation is effective as soon as you submit the form.
Effects of cancellation
If you cancel the Contract, we will refund to you all payments you have made to us under the Contract. We will also refund you for the costs of delivery, except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery.
We will refund you without undue delay, and in any event no later than 14 days after we have collected the Products from you. We will refund you using the payment method you used to pay for the Products, unless you expressly agree otherwise. You will not have to pay any fees as result of the refund.
Once we have received your cancellation notification, we will arrange to have the Products collected by a nominated carrier and delivered to us. You will have to bear the costs of collection. We may deduct this charge from any refund that we give to you.
If the value of the Products has been reduced by any amount as a result of your handling of them (beyond what is necessary to establish the nature, characteristics and functioning of the Products), we may recover that amount from you. We may deduct this amount from any refund that we give to you.
Before collection, we ask that you:
re-package the Product(s) in their original boxes along with the dispatch note or order acknowledgement) stating the reason for the return. In the case of a defective product, please provide a full description of the fault;
wrap the package securely; and
label the package(s) with your Sage Pay or PayPal reference number and collection reference number that will be supplied to you by the customer service representative. There is no need to address the parcel.
Please note that your right to cancel does not depend on complying with these requests but complying will assist us in ensuring that your refund is processed promptly.
We are under a legal duty to supply you with Product(s) which are of satisfactory quality, fit for purpose and in conformity with our contract with you i.e. match the description (‘Expected Standards’) - and will use our reasonable endeavours to do so taking into account all the relevant factors in the nature and manufacture of the Products supplied. Products which do not meet these Expected Standards are described as 'defective' for the purpose of explaining your rights to a replacement or refund below.
We endeavour to secure high standards of materials and workmanship. If you receive any Products from us which can be shown to have had any defect of materials or workmanship at the time we dispatched the Products to you, or do not meet the Expected Standards as described above, you should notify us in writing at the address or email address shown below in the “Contact” section within 30 days from delivery (or, if you are a resident of an EU member state other than the UK, any longer period which may apply under the law of the state in which you reside).
Following receipt of such notification (and if we require, return of the defective Products) you have the option to receive replacement Products (where applicable) free of charge or we will offer you a refund for the affected Products, as set out in the “Refunds Procedure for Defective Products” section below. Replacements will be provided within a reasonable time and without causing significant inconvenience to you. If you choose to receive a replacement, this 30 day period is paused to enable you to receive your replacement and check it is acceptable.
Where Products are described as not of first quality (i.e. ‘seconds’) before purchase you also have 30 days to notify us if the Products are defective (or, if you are a resident of an EU member state other than the UK, any longer period which may apply under the law of the state in which you reside) however if you would like the option of a replacement the sooner you notify us the more likely we will be able to provide this as due to the nature of these products and limited stock, replacements may not be available. In this instance, only a refund will be offered, as set out in the “Refunds for Defective Products” section below. The above rights to a replacement or refund for defective Products do not apply to any flaws or defects in any Products described as not of first quality that were described to you on the Access Points before you placed your order.
Our replacement or refund policy for defective Products will not apply to:
Any defect in the Products arising from:
fair wear and tear;
wilful damage, incorrect handling or storage, misuse, accident, negligence by you or any third party;
use other than recommended by us and/or failure to follow our instructions; or
any incorrect information or specification supplied by you; and
Products which you have not paid for.
Returns Procedure for Defective Products
If you notify us that the Products are defective or do not meet the Expected Standards, we will arrange to have the Products collected by a nominated carrier and delivered to us.
Before collection, we ask that you:
re-package the Product(s) in their original boxes along with the dispatch note or order acknowledgement) stating the reason for the return. In the case of a defective product, please provide a full description of the fault;
make sure you wrap the package securely; and
label the package(s) with your Sage Pay or Paypal reference number and collection reference number that will be supplied to you by the customer service representative. There is no need to address the parcel.
Please note the following:
You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession; and
Products purchased from the Access Points can only be returned directly to Wax Lyrical Limited and not to subsidiaries, independent retailers, concessions, stockists, factory shops or alike.
Refunds for Defective Products
Where we refund the price of any Products that are defective or do not meet the Expected Standards we will refund the price of the Products in full, any applicable delivery charges, and any reasonable costs you incur in returning the Products to us. We will refund you without undue delay, and in any event no later than 14 days after we have agreed that you are entitled to a refund.
We will instruct the relevant payment provider to refund you on the credit card or debit card used by you to pay.
Our returns and refunds policy does not affect your statutory rights.
As our Products are often glass or other delicate objects, we’ve found the best companies to handle your orders are Royal Mail or TNT depending on the size and weight of the package.
A signature is required for all deliveries, just to make sure your order ends up in the right hands. Please make sure someone is available to receive your order at the delivery address you give us.
Although we package each and every order in strong boxes with bubblewrap and air pillows, it’s always best to be on the safe side, which is why all Products are insured in transit and any claims for damages must be made to the carrier at the time of delivery – please check your parcel before signing for receipt of it. If it’s damaged, it is necessary to sign and state “received damaged” on the carrier’s manifest.
The damaged items must be retained in case the carrier wishes to reclaim the package. Please notify us of any damaged parcels within seven working days, and we will happily replace your Products as soon as we can.
If you have received a package that looks fine on the outside, but the Product is damaged inside, please let us know and we will do our best to resolve this for you.
UK MAINLAND (EXCLUDING SCOTTISH HIGHLANDS AND ISLANDS) ORDERS
Standard UK Mainland (excluding Scottish highlands and islands) delivery costs £4.95, or spend £35 or more to receive free delivery, this takes around 1 - 2 working days to reach you. Please note: The minimum spend for free delivery applies to orders placed online at www.waxlyrical.com. If you wish to place your order over the phone we can transfer your call to our Lindal Outlet store, but please be aware that the minimum order value for free deliveries from our outlets is £40.
Our Next Working Day Service costs £7.95 (although there are no deliveries on weekends or bank holidays). Please place your order before 1pm to receive your order on the next working day.
Please note: Orders placed after 1pm on a Thursday will not be delivered until Monday. If your parcel is being delivered to a remote postcode, the Scottish Highlands and Islands or Ireland, our Next Day Delivery service is not available. Any orders placed during a bank holiday will not be processed until the next working day.
UK SCOTTISH HIGHLANDS AND ISLANDS ORDERS
Please be aware that any additional duty or customs charges applicable in the destination country are payable by the recipient and are not the responsibility of Wax Lyrical. We have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, any further information can be found from your local customs office.
For all offshore deliveries we use either Royal Mail or Courier. Packages must be signed for on receipt, there is a tracking facility on www.royalmail.com which unfortunately, can only track packages until the point that they leave the UK.
Delivery will be completed when we deliver the Products to the address you gave us. If there is no one at the address given when we attempt to deliver the Products, the postman or courier should notify you of an alternative delivery date, an alternative place to collect the Products, or details of how to arrange an alternative delivery date.
We may deliver orders of Products by instalments each of which shall be deemed to be the subject of a separate Contract and, unless otherwise agreed in writing, no failure by us in any one or more instalments shall entitle you to repudiate any Contract for Products previously delivered or to refuse to accept any undelivered Products (although this does not affect your rights under “Cancelling your order” above and/or any of your statutory rights).
RISK AND TITLE
From the completion of delivery to you, you will be responsible for the Products and for any loss or damage to them.
You will become the owner of the Products once we have received payment in full, including all applicable delivery charges.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
The Terms under this section do not affect your statutory rights if you are dealing as a consumer when purchasing goods.
If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, unless our failure to comply with these Terms was deliberate. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We have no liability for loss arising from:
any Products which after delivery have been subjected to wilful damage, incorrect handling or storage, accident, negligence by you or by any third party; or
any failure by you to operate or use the Products in accordance with our instructions.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
Whilst we do use industry standard software and systems we do not warrant that the Access Points will operate error-free nor that the Access Points and servers are free of computer viruses. If your use of the Access Points results in the need for servicing or replacing any data or equipment (including your Device), we are not responsible for those costs.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 9 to 17 (as applicable to the Products we supply) of the Consumer Rights Act 2015;
breach of the terms implied by section 28 and 29 of the Consumer Rights Act 2015 (delivery of goods and passing of risk); and
defective products under the Consumer Protection Act 1987.
Except for death or personal injury caused by our negligence, to the extent permitted by law, our liability under or in connection with any Contract shall in no circumstances exceed the invoice value for that Contract.
Our liability will not be limited in circumstances where it would be unlawful to do so.
USE OF THE ACCESS POINTS
You agree to fully indemnify, and keep indemnified, us, our officers, directors, employees, agents and suppliers immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of the use of these Terms or any other liabilities arising out of your use of the Access Points, or the use by any other person accessing the Access Points using your personal information.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You must notify us immediately if you know or suspect that anyone else knows your user identification code or password. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms.
We are the owner or the licensee of all intellectual property rights in the Access Points, and in the material published on them, including, without limitation, all pictures, designs, logos, photographs and written text. These works are protected by copyright, trademarks and other intellectual property rights. All such rights are reserved. Unauthorised use of these intellectual property rights is prohibited.
Our Access Points Change Regularly
We aim to update the Access Points regularly, and may change the content at any time. If the need arises, we may suspend access to the Access Points, or close any or all of them indefinitely.
Reliance on Information Posted
While we use all reasonable endeavours to keep the information on the Access Points accurate and up to date, the material displayed on the Access Points is provided without any guarantees, conditions or warranties as to its accuracy.
Materials on the Access Points are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on any materials by any visitor to the Access Points or by anyone who may be informed of any of those materials.
You warrant that all data provided on the Access Points by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by contacting our Customer Service department.
Viruses, Hacking and Other Offences
You must not misuse or attack the Access Points by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Access points, servers, or any other computer or database connected with the Access Points.
By breaching this provision you may be committing a criminal offence and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use the Access Points will cease immediately.
We will not be liable for any loss or damage caused by a denial of service attack directed at the Access Points, viruses or other technologically harmful material that may infect your Device, programs, data or other proprietary material due to your use of the Access Points or any material posted on it, or on any websites, applications, or other online or wireless media linked to it.
Links from the Access Points
Where the Access Points contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content, policies or practices of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
Subject to our right to transfer set out above, each Contract is between you and us. No other person shall have any rights to enforce any of the terms of a Contract, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each Contract constitutes the entire agreement between us in respect of its subject matter. You agree that you shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in the Contract. You shall have no claim for innocent or negligent misrepresentation based upon any statement in the Contract. Nothing in this clause shall limit or exclude any liability for fraud.
These Terms shall be governed by and construed in accordance with the law of England and Wales. This means a Contract for the purchase of Products through the Access Points and any dispute or claim arising out of or in connection with it will be governed by English law. However, this does not affect the application of any provisions under the law of the EU state in which you reside which are mandatory.
You and we agree that the courts of England and Wales will have exclusive jurisdiction, subject to the exceptions below if you reside outside of England and Wales.
If you are a resident of Scotland you may bring proceedings either in Scotland or in England and Wales. If you are a resident of Northern Ireland you may bring proceedings either in Northern Ireland or in England and Wales.
If you are a consumer residing in an EU member state other than the UK, you may bring proceedings in either that state or in England and Wales, but we may only bring proceedings against you in the state in which you reside.
The Access Points are owned and operated by Portmeirion Group UK Limited, registered in England and Wales under company number 417484, with our registered office at London Road, Stoke-on-Trent, ST4 7QQ, England and/or its subsidiaries including Wax Lyrical Limited. Portmeirion Group UK Limited’s VAT number is GB592326332. Wax Lyrical Limited’s VAT number is GB 659 8959
You can contact our Customer Service department by e-mailing email@example.com , or call us on +44 (0)1229 461140 between 9.00am and 4.30pm UK time (Monday to Thursday, excluding public holidays in England)or 9.00am to 3.30pm UK time (Friday). Our customer services operators speak only English. Please note that all calls made from UK landlines will be charged at your standard landline rate. Mobile phone and international call charges will vary.
In the event a complaint has not been resolved by the procedures above, please follow our complaints policy which is to refer the matter to the Managing Director at the registered address above.