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Terms And Conditions
Please read these Terms of Sale carefully before placing an order with Us.
These Terms of Sale, together with any other documents referred to herein (unless
otherwise stated), set out the terms under which Goods are sold by Us to consumers
through this website, www.thecentstore.com (“Our Site”).
These Terms of Sale explain who We are, how Our Goods will be provided to you,
how you or We may change, cancel, or otherwise end the Contract, what to do in the
event of problems, and other important information.
You will be required to read and accept these Terms of Sale when ordering Goods. If
you do not agree to comply with and be bound by these Terms of Sale, you will not be
able to order Goods through Our site. These Terms of Sale, as well as all Contracts,
are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following
expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods,
as explained in Part 10;
“Contact Tools” means any online communications facility that We
make available on Our Site enabling you to contact Us
including, but not limited to, contact forms and live
chat;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your
Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means MadebyCent™.
1.2 Unless the context otherwise requires, each reference in these Terms of Sale
to:
1.2.1 “writing”, and any similar term, includes a reference to any
communication effected by electronic or facsimile transmission or
similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or
provision as amended or re-enacted at the relevant time;
1.2.3 a Part or paragraph is a reference to a section, part, or clause of these
Terms of Sale.
2. Information About Us
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2.1 Our Site is operated by Madebycent™. Our main trading address is 30 King
Street, Manchester M2 6AZ.
3. How to Contact Us
3.1 To contact Us with any communication please send an email to [insert email
address]
4. Access to Our Site and Use of Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to
access Our Site.
5. Changes to these Terms of Sale
5.1 We may alter these Terms of Sale from time to time, for example, to reflect
changes in relevant laws and regulatory requirements. If We do so, details will
be highlighted at the top of this page. If the changes are likely to affect your
Order, We will inform you in advance by email and you may contact Us to end
the Contract before the changes take effect. If you end the Contract for this
reason, you will receive a refund for any Goods paid for but not received.
5.2 If any part of the current version of these Terms of Sale conflicts with any
previous version(s), the current version shall prevail unless We explicitly state
otherwise.
6. Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the course of
business.
7. International Customers
The actual charge price to overseas customers will be subject to the exchange rate
applied by the customer’s credit or debit card company. PLEASE NOTE: Customs,
duties and taxes are not included in any item price. All international orders are
shipped with delivery duties unpaid meaning any fees are charged once the parcel
reaches its final destination and must be paid by the recipient.
8. Goods, Descriptions, and Changes
8.1 We make all reasonable efforts to ensure that all descriptions and images of
Goods available from Us on Our Site match the actual Goods. Please note:
a) 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 due to differences in computer or device displays and lighting
conditions; and
b) Images or descriptions of packaging are for illustrative purposes only
and the actual packaging may vary.
8.2 Please note that Part 8.1 does not exclude Our responsibility for mistakes due
to Our negligence. It refers only to minor variations in the correct Goods, not to
different Goods. If you receive Goods that are not as described, please refer
to Part 14.
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8.3 Minor changes may be made to certain Goods from time to time. This may
happen between you placing your Order and the Goods being dispatched.
Minor changes may be made, for example, to reflect changes in relevant laws
and regulatory requirements or to address particular technical or security
issues.
Minor changes will not change the main characteristics of the Goods and will
not affect your use of those Goods.
9. Pricing
9.1 We make all reasonable efforts to ensure that prices shown on Our Site are
correct. We may change prices from time to time. Changes in price will not
affect any Order that you have already placed.
9.2 All prices on Our Site include VAT if and where applicable. If the VAT rate
changes between your Order being placed and Us taking payment, the
amount of VAT payable, if and where applicable, will be automatically adjusted
when taking payment.
9.3 All prices are checked before We accept your Order. If We have shown
incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We
will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We
will give you the option to purchase the Goods at the correct price or to cancel
your Order (or the affected part of it). We will not proceed with processing your
Order in this case until you respond. If you do not respond within 7 days We
will treat your Order as cancelled and inform you of the cancellation in writing.
9.4 If We mistakenly accept and process an Order where an obvious and
unmistakeable pricing error has been made, which you could have reasonably
recognised as mispricing, We have the right to end the Contract, refund any
sums paid, and require you to return the affected Goods to Us.
9.5 Delivery charges are not included in the price of Goods shown on Our
Site. Delivery options and related charges will be presented to you as part of
the order process.
10. Orders and How Contracts Are Formed
10.1 Our Site will guide you through the ordering process. Before submitting your
Order, you will be given the opportunity to review and amend it. Please ensure
that you check your Order carefully before submitting it.
10.2 If you provide Us with incorrect or incomplete information during the order
process, please contact Us as soon as possible. Where any information is
required, it will be stated on Our Site, either in the product descriptions or
during the order process, as applicable.
If We cannot process your Order due to incorrect or incomplete information,
We will contact you to ask you to correct it or provide the missing information
required for Us to supply the Goods to you.
If you do not provide the required information within a reasonable period of Us
asking for it, or if the information is inaccurate or incomplete, We may either
end the Contract or charge you a reasonable sum as compensation for the
extra work required as a result.
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We will not be responsible for supplying the affected Goods late or for not
supplying the affected Goods if this is due to you not providing Us with the
required information within a reasonable period of Us asking for it.
10.3 No part of Our Site constitutes a contractual offer capable of acceptance.
Your Order constitutes a contractual offer. Our acceptance of that offer is
indicated by Us sending you an Order Confirmation by email.
Only once we have sent you an Order Confirmation will there be a legally
binding Contract between Us and you for the sale of the Goods.
10.4 Order Confirmations contain the following information:
a) Your Order Number;
b) Confirmation of the Goods ordered including full details of their main
characteristics;
c) Fully itemised pricing for the Goods ordered including, where
appropriate, taxes, delivery, and other additional charges; and
d) Estimated delivery date(s).
10.5 Please quote your Order Number if you contact Us about your Order for any
reason. You do not have to do this, but it may help Us to locate your Order
and help you more quickly and easily.
10.6 In the unlikely event that We cannot accept your Order, We will inform you in
writing and explain why. No payment will be taken under normal
circumstances. If We have taken payment, any such sums will be refunded.
We may not accept your Order because the Goods are out of stock, because
of unexpected limits on Our resources that We could not have reasonably
planned for, because We have identified a mistake in the description or price
of the Goods, or because We are not able to meet a delivery deadline that you
have set.
11. Payment
11.1 Payment for Goods and related delivery charges must always be made in
advance. You will be prompted to provide payment details during the ordering
process.
11.2 We will not charge your chosen payment method until We dispatch the Goods.
11.3 We accept the usual debit and credit card payments.
11.4 We may charge you interest if you pay late. If a payment to Us is not made by
the due date, We may charge you interest on the overdue sum at the rate of
4% per annum above the base lending rate of Barclays Bank PLC from time to
time. Interest shall accrue on a daily basis from the due date until the actual
date of payment, whether before or after judgment. You must pay Us any
interest due together with the overdue sum.
11.5 If you believe that We have charged you an incorrect amount, please contact
Us as soon as possible to let Us know. You will not be charged interest under
Part 11.4 on any sums disputed in good faith under this Part 11.5.
12. When You Own the Goods
Ownership of the Goods passes to you once We have received payment in full of all
sums due.
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13. Delivery
13.1 All Goods purchased through Our Site will normally be delivered within 30
calendar days after the date of Our Order Confirmation unless otherwise
agreed or specified during the ordering process.
13.2 We will not be responsible for 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.
13.3 If there is a risk of a substantial delay to delivery, you may contact Us to end
the Contract and will be refunded any sums paid for Goods that you have not
received.
13.4 If you (or someone on your behalf) are not available at your address to take
delivery of the Goods and they cannot be posted through your letterbox, We
will leave a note informing you of how to arrange for re-delivery or of where to
collect the Goods.
13.5 If you do not arrange to have the Goods re-delivered or do not collect them,
We will contact you to ask for further instructions.
We may charge you for storage and for further delivery costs. If, despite Our
reasonable efforts, We cannot contact you or cannot arrange for re-delivery or
collection of the Goods, We may end the Contract and issue you with a
refund. We may deduct a reasonable sum in compensation for any net costs
incurred by Us as a result.
13.6 In the unlikely event that We do not deliver the Goods on time (within 30
calendar days of the Order Confirmation or as otherwise agreed or specified),
you have certain legal rights. If any of the following apply, you may treat the
Contract as being at an end immediately:
a) We have refused to deliver the Goods;
b) In light of all relevant circumstances, delivery within the specified or
agreed time period was essential; or
c) You told Us when ordering the Goods that delivery within the specified
or agreed time period was essential.
13.7 If you do not wish to cancel under Part 13.6, or if none of the specified
circumstances apply, you may specify a new (reasonable) delivery date. If We
fail to meet the new deadline, you may then treat the Contract as being at an
end.
13.8 You may cancel all or part of your Order under Parts 13.6 or 13.7 provided
that separating the Goods in your Order would not significantly reduce their
value.
Any sums that you have already paid for cancelled Goods and their delivery
will be refunded to you.
If any cancelled Goods are delivered to you, you must return them to Us. We
will cover the costs of postage. Please contact Us using the details provided
above in Part 3 for a return label.
13.9 Responsibility for the Goods passes to you once We have delivered the
Goods to the address you have provided or once you (or a carrier organised
by you, if applicable) collect the Goods from Us.
13.10 As explained in Part 10.2, We will not be responsible for delivering Goods late
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or for not delivering Goods if this is due to you not providing Us with required
information within a reasonable period of Us asking for it.
14. Faulty, Damaged, or Incorrect Goods
14.1 This Part 14 provides a summary of your legal rights as a consumer. These
rights may be subject to certain exceptions. For full details please refer to the
Citizens Advice website or contact them on 0808 223 1133. Nothing in these
Terms of Sale will affect your legal rights.
14.2 The Consumer Rights Act 2015 requires that goods must be as described, fit
for purpose, and of satisfactory quality. During the expected lifespan of a
product, your legal rights are as follows:
a) Beginning on the day that you receive the Goods (and ownership of
them) you have a 30 calendar day right to reject them and to receive a
full refund if they do not conform as stated above.
b) If you do not wish to reject the Goods, or if the 30 calendar day
rejection period has expired, you may request a repair of the Goods or
a replacement. We will cover any associated costs and will carry out
the repair or replacement within a reasonable time and without
significant inconvenience to you. In certain circumstances, where a
repair or replacement is impossible or otherwise disproportionate, We
may instead offer you the alternative (i.e. a replacement instead of a
repair or vice versa) or a full refund. If you request a repair or
replacement during the 30 calendar day rejection period, that period
will be suspended while We carry out the repair or replacement and will
resume on the day that you receive the replacement or repaired
Goods. If less than 7 calendar days remain out of the original rejection
period, the time remaining will be extended to 7 calendar days.
c) If, after a repair or replacement, the Goods still do not conform (or if
We cannot repair or replace them, as described above, or have failed
to act within a reasonable time or without significant inconvenience to
you), you may ask Us to attempt the repair or replacement again (you
do not have to give Us multiple opportunities to do so if you do not
want to), or you have the right either to keep the Goods at a reduced
price, or to reject them in exchange for a refund.
d) If you exercise the final right to reject the goods more than six months
after you have received the Goods (and ownership of them), We may
reduce any refund to reflect the use that you have had out of the
Goods.
e) Within a period of six years after you have received the Goods (and
ownership of them), if the Goods do not last a reasonable length of
time, you may be entitled to a partial refund. Please be aware that after
six months have passed since you received the Goods, you must prove
that the defect or non-conformity existed at the time of delivery.
14.3 Please note that you will not be eligible to claim under this Part 14 if:
a) We informed you of the problem(s) with the Goods before you
purchased them or you had the opportunity to examine them before
purchase and the problem(s) should have been obvious to you; or
b) You have caused the problem(s) yourself, for example, through misuse
or intentional or careless damage; or
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c) You have purchased the Goods for an unsuitable purpose that is
neither obvious nor made known to Us and the problem(s) has/have
resulted from your use of the Goods for that purpose; or
d) The problem(s) is/are the result of normal wear and tear; or
e) You have changed your mind (please refer to Part 16).
14.4 If there is a problem with the Goods, please contact Us using the details
provided above in Part 3.
14.5 If you exercise your legal right to reject the Goods, you must return them to
Us.
14.6 To return Goods to Us for any reason under this Part 14, please post them to
Us. We will cover the costs of postage. Please contact Us using the details
provided above in Part 3 for a return label.
15. Your Rights to Cancel and End the Contract
15.1 If the Goods are faulty or misdescribed, you may have a legal right to end the
Contract, to have the Goods repaired or replaced, or to get a full or partial
refund. Please refer to Part 14, above, for more information.
15.2 If you are a consumer and have changed your mind, you may have a legal
right to a “cooling-off period” within which you can end the Contract for any
reason. Please refer to Part 16, below, for more information.
15.3 If you wish to end the Contract because of something We have done or are
going to do, please refer to Part 17, below, for more information.
16. Cancelling and Ending the Contract if You Change Your Mind
16.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you
the legal right to change your mind and end the Contract for any reason. This
14 calendar day “cooling-off period” begins once your Order is complete and
we send you the Order Confirmation, i.e. when the Contract is formed, and
ends as set out below. You may also cancel for any reason before We send
the Order Confirmation.
a) If the Goods are being delivered to you in a single instalment, the
cooling-off period ends 14 calendar days after the day on which you (or
someone you nominate) receive(s) the Goods.
b) If the Goods are being delivered in separate instalments on separate
days, the cooling-off period ends 14 calendar days after the day on
which you (or someone you nominate) receive(s) the final instalment of
Goods.
16.2 If you wish to end the Contract for this reason, you must inform Us within the
cooling-off period. You may inform Us in any way you wish (including by email,
post, or telephone). Please state that you want to cancel and end the
Contract, providing your name, address, details of your Order and, where
possible, your email address and telephone number. Our contact details are
provided above in Part 3.
16.3 Your cancellation notice is effective from the date on which you send it.
Provided you send your cancellation notice or contact Us directly by 23:59:59
on the final day of the cooling-off period, your cancellation will be valid and
accepted.
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16.4 Please note that this right to cancel may not apply in the following
circumstances:
a) If the Goods are sealed for health or hygiene reasons and you have
unsealed them after receiving them;
b) If the Goods consist of sealed audio or video recordings or sealed
computer software on physical media and you have unsealed them
after receiving them;
c) If the Goods are likely to deteriorate quickly, for example, flowers or
food;
d) If the Goods have been personalised or custom-made for you;
e) If the Goods have been inseparably mixed with other items (according
to their nature) after you have received them.
17. Cancelling and Ending the Contract Because of Something We Have Done or
Will Do
17.1 You may have the right to cancel and end the Contract because of something
We have done or have informed you that We are going to do. This right to
cancel applies in the following circumstances:
a) We have informed you about an upcoming change to these Terms of
Sale that you do not agree to (see Part 5.1);
b) We have informed you about an upcoming change to the Goods that
you do not agree to (see Part 8.4);
c) We have informed you about an error in the price or description of the
Goods and you do not wish to proceed;
d) There is a risk that delivery of the Goods will be substantially delayed
due to events outside of Our control (see Part 13.3);
e) You have a legal right to end the Contract because We have done
something wrong (including where We have not delivered the Goods
on time and the circumstances in Part 13.6 or 13.7 apply).
17.2 If you cancel and end the Contract for any of the reasons set out in this Part
17, the Contract will end immediately and you will receive a full refund for any
Goods which have not yet been provided. You may also be entitled to
compensation.
17.3 If you wish to end the Contract for this reason, you may inform Us in any way
you wish (including by email, post, or telephone). Please state that you want to
cancel and end the Contract, providing your name, address, details of your
Order and, where possible, your email address and telephone number.
18. Returning Goods After Cancelling and Ending the Contract
18.1 Subject to your right to partially cancel your Order under Part 13.8, if you
cancel and end the Contract for any reason after Goods have been dispatched
or delivered to you, you must return the Goods to Us. Please contact Us using
the details provided above in Part 3 for a return label.
18.2 If you are exercising your right to change your mind under the cooling-off
period as set out in Part 16, you must return the Goods to Us no more than 14
calendar days after the day on which you informed Us that you wish to cancel.
18.3 We will cover the costs of returning the Goods to Us in the following
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circumstances:
a) The Goods are faulty or misdescribed;
b) You are cancelling and ending the Contract because of upcoming
changes to these Terms of Sale that you do not agree to;
c) You are cancelling and ending the Contract because of upcoming
changes to the Goods that you do not agree to;
d) You are cancelling and ending the Contract because We have made
an error in the price or description;
e) You are cancelling and ending the Contract because there is a risk that
delivery of the Goods will be substantially delayed due to events
outside of Our Control; or
f) You are cancelling and ending the Contract because you have a legal
right to do so because We have done something wrong (including
where We have not delivered the Goods on time and the
circumstances in Part 13.6 or 13.7 apply).
18.4 In all other circumstances including where you are exercising your right to
change your mind under the cooling-off period, you must cover the costs of
returning the Goods to Us.
18.5 If you are responsible for the costs of returning the Goods to Us and We are
collecting them, the cost charged to you will only be the direct cost to Us of
collecting the Goods.
19. Refunds
19.1 All refunds due to you will be made using the same method used by you when
paying for the Goods. You will be refunded the price paid for the Goods and
for delivery, subject to the following limitations and deductions:
a) If you are exercising your right to change your mind under the cooling-
off period, We may reduce or extinguish your refund to reflect any
reduction in the value of the Goods if that reduction has been caused
by your handling of the Goods in a way that would not be permitted in a
shop. If We issue the refund before inspecting the Goods and
subsequently discover that you have handled them in this way, We
may charge you an appropriate sum up to and including the full value
of the Goods. The Goods must be returned to us in precisely the same
condition that they were despatched to You and if there is reasonable
evidence to suggest that they have been worn or used in any way, We
will not provide a refund.
b) Standard delivery charges (i.e. the cheapest option available for your
Order) will be refunded, but we do not reimburse premium delivery
charges.
19.2 All refunds due to you will be made as soon as possible. If you are exercising
your right to change your mind under the cooling-off period, We will issue your
refund within 14 calendar days of:
a) The day on which We receive the returned Goods;
b) The day on which you inform Us (supplying evidence) that you have
sent the Goods back (if this is earlier); or
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c) If We have not yet provided an Order Confirmation or have not yet
dispatched the Goods, the day on which you inform Us that you wish to
cancel and end the Contract.
20. Our Liability to Consumers
20.1 We will be responsible for any foreseeable loss or damage that you may suffer
as a result of Our breach of these Terms of Sale (or the Contract) or as a
result of Our negligence. Loss or damage is foreseeable if it is an obvious
consequence of Our breach or negligence or if it is contemplated by you and
Us when the Contract is created. We will not be responsible for any loss or
damage that is not foreseeable.
20.2 We only supply goods for domestic and private use by consumers. We make
no warranty or representation that the Goods are fit for commercial, business
or industrial use of any kind (including resale). We will not be liable to you for
any loss of profit, loss of business, interruption to business, or for any loss of
business opportunity.
20.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death
or personal injury caused by Our negligence (including that of Our employees,
agents or sub-contractors); or for fraud or fraudulent misrepresentation.
20.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a
consumer including, but not limited to, those explained above in Part 14.
21. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, available
from [insert website link]
22. What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Sale (and
the Contract) to a third party (this may happen, for example, if We sell Our business).
If this Occurs, We will inform you in writing. We will ensure that your rights under
these Terms of Sale (and the Contract) will not be affected and Our obligations under
these Terms of Sale (and the Contract) will be transferred to the third party who will
remain bound by them.
23. Other Important Terms
23.1 You may not transfer (assign) your obligations and rights under these Terms
of Sale (and under the Contract, as applicable) without Our express written
permission.
23.2 The Contract is between you and Us. It is not intended to benefit any other
person or third party in any way and no such person or party will be entitled to
enforce any provision of these Terms of Sale.
23.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid
or otherwise unenforceable by any court or other authority, that / those
provision(s) shall be deemed severed from the remainder of these Terms of
Sale. The remainder of these Terms of Sale shall be valid and enforceable.
23.4 No failure or delay by Us in exercising any of Our rights under these Terms of
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Sale means that We have waived that right, and no waiver by Us of a breach
of any provision of these Terms of Sale means that We will waive any
subsequent breach of the same or any other provision.
24. Law and Jurisdiction
24.1 These Terms of Sale, and the relationship between you and Us (whether
contractual or otherwise) shall be governed by, and construed in accordance
with, English law.
24.2 If you are a consumer, you will benefit from any mandatory provisions of the
law in your country of residence. Nothing in Part 26.1 takes away from or
reduces your legal rights as a consumer.
24.3 If you are a consumer, any dispute, controversy, proceedings, or claim
between you and Us relating to these Terms of Sale or to the relationship
between you and Us (whether contractual or otherwise) shall be subject to the
jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as
determined by your residency.
24.4 If you are a business user, any dispute, controversy, proceedings, or claim
between you and Us relating to these Terms of Sale or to the relationship
between you and Us (whether contractual or otherwise) shall be subject to the
exclusive jurisdiction of the courts of England and Wales.
© MadebyCent ™ 2023
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