11 Your consumer right of return and refund
11.1 Consumers have a legal right to cancel a Contract during the period set out below in clause 11.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
11.2 However, this cancellation right does not apply in the case of:
(a) Any Personalised Products that have been sent for production (see clause 10.1);
(b) Any perishable Products; and
(c) Any audio recordings or video recordings or computer software which has been opened.
11.3 Your legal right to cancel a Contract starts from the date the Contract between us is formed (see clause 8.3). You will have a limited period of time to cancel your Contract depending on what you have ordered and how it is delivered. Please see the table below for further information:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
1 one Product which is delivered in instalments on separate days; or
2 multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
11.4 To cancel a Contract, you must contact us using one of the methods set out in clause 11.5 and let us know (before any Personalised Products have gone into production – see clause 10.1) that you have decided to cancel.
11.5 If you would like to cancel a Contract, there are a few options available to you:
a() contact our Customer Services team by telephone on 028 258 61058 between the hours of 9.00am - 5.30pm on Monday to Friday; or
(b) email us at mygiftstuff.co.uk.
11.6 If you cancel your Contract within the cancellation periods set out in clause 11.3 above, we will:
(a) Refund you the price you paid for the Products (excluding any applicable delivery charges). We are permitted by law to reduce your refund to reflect any reduction in the value of the goods caused by your use of the Products. Please be aware that if you have ordered Products in accordance with a promotion or discount offer on our Website and your cancellation of part of that order means that you no longer qualify for that promotion, we may reduce your refund to reflect this;
(b) Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For the avoidance of doubt, if there is more than one Product in your order and you only cancel part of that order we will not refund the delivery charge. We will only refund the delivery charge if you cancel your order as a whole and no Products are delivered to you at all or if you return all Products to us in accordance with clauses 11.10–11.14. If you have ordered a Product and you have paid a specialised delivery charge and successfully cancel your order for that Product, we will refund the specialised delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website; and
(c) Make any refunds due to you as soon as possible and in any event within the time periods indicated below:
(i) If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, 14 days after the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us see clauses 11.10-11.14 below.
11.7 If you have returned the Product to us in accordance with this clause because it is faulty or does not match its description, we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you have incurred in returning the Product to us. If you are returning a Product under this clause. Please be aware you will be required to produce a photo of the damage and/or problem with a Product before returning the item.
11.8 We will refund you by the same method of payment that you used to place your order.
Our right to cancel
11.9 We reserve the right to cancel any order at any time and issue a full refund.
Returns and exchange
11.10 If a Product has already been delivered to you before you decide to cancel your Contract (which must be done in accordance with clauses 11.1–11.8 above), then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
11.11 Unless the Product is faulty or not as described (please see clause 11.7), you will be responsible for the cost of returning the Products to us.
11.12 Subject to you contacting us in accordance with clauses 11.3–11.5 above, we will contact you by email to advise whether you have satisfied our cancellation terms and are eligible for a refund and, if necessary, provide further information detailing how to proceed with your return.
To return a Brollyy & Co Limited product: You must request an RMA (Return Merchandise Authorisation) number before making a return. To obtain an RMA number simply email us and request an RMA number. Please be sure to let us know in your email the date of your purchase and the relevant order reference, what you would like to return and why you want to return it. The RMA number, once received, must be written in a conspicuous place on the outside of the return parcel.
What cannot be returned: No returns will be accepted after 14 days of receipt of purchase. Items that are not in their original packaging cannot be returned. Items with noticeable wear cannot be returned. Items must be in like new condition to be eligible for return. Goods that have been Personalised as specified in your order will not be accepted for return unless the goods are faulty.
The returns address will be on the RMA Note
11.14 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 11 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.