Quirky Creations by Gemma

Returns Policy

Quirky Creations by Gemma

Website: https://www.quirky-creations.com

Email: quirkycreationsbygemma@gmail.com

This Returns Policy is a practical guide to cancelling an Order and to returning Goods. It details sections 12 and 13 of my Terms and Conditions. Those Terms remain the Contract terms. If there is any gap, the Terms and UK consumer law apply. This page does not take away rights you have under the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

I am not currently listing a company number. I am not currently listing a VAT number.

Definitions

Words defined in the Terms and Conditions have the same meaning here, including "I", "me", "my", "the Seller", "you", "your", "the Customer", "the Website", "the Goods", "Commission", "Order", "Contract", "Personalisation" and "Working day".

In this Policy:

• "cooling-off cancellation" means the statutory 14-day right to cancel a distance contract where that right applies, as described in section 12 of the Terms.
• "faulty Goods" means Goods that are not as described, not of satisfactory quality, or not fit for a particular purpose I agreed, as described in section 13 of the Terms and the Consumer Rights Act 2015.

I shall give you a return address in writing when a return is needed. I do not print a public returns warehouse address on this page, because I work from a home studio in England and the address may be confirmed per Order.

1. Two different situations

Please read this first. It will save a wasted parcel.

A. Change of mind (cooling-off). This is the 14-day distance-selling right. It applies only where the law gives it. It usually does not apply once I have started personalised or made-to-order work. See section 2.

B. Something is wrong with the Goods. Faults, damage in transit, missing items, or engraving that does not match what you ordered or what I approved with you. See section 3. This is always separate from change of mind.

If you are unsure which applies, email me anyway and say what happened. I shall tell you which process we are using.

2. Cooling-off: the 14-day cancellation (where it applies)

The legal right

If you are a consumer and you buy Goods at a distance (including through the Website), you may have a legal right to cancel within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. That right, where it applies, is in addition to your rights if the Goods are faulty.

Important limitation for personalised and made-to-order Goods. The cooling-off right does not usually apply to Goods made to your specifications or clearly personalised. Most of my shop items and Commissions fall into that category once I have started work to your wording or design. This does not take away your rights if the Goods are faulty, not as described, or not fit for purpose.

If you cancel a Commission or personalised Order before I have started work, I shall refund what you have paid for that work. If I have already started work made to your specification, I am not obliged to refund for change of mind, except where the law requires it.

The rest of this section 2 applies only where a cooling-off right does apply (for example a non-personalised item I can reasonably resell, if I offer one).

Deadline

You must tell me you wish to cancel within 14 days of the day after you receive the Goods (or within 14 days of the Contract if the Goods have not arrived and the law starts the clock differently — if you are unsure, email me promptly).

Step-by-step: how to cancel and send the Goods back

Step A — Email me first. Write to quirkycreationsbygemma@gmail.com. Please include:

• the words "I wish to cancel" (or clear words to that effect);
• your name and the email used at checkout;
• your Order reference if you have one;
• which item(s) you are sending back;
• whether the parcel has arrived.

Step B — Wait for my confirmation. I shall confirm that I have received your cancellation and, if a return is required, I shall give you the return address in writing. Please do not post anything until you have that address. Returning an item without agreeing it first can delay the process and you may be uninsured in the post.

Step C — Pack the Goods. Use original packaging where you still have it. If you do not, wrap the piece so that wood, slate or corners cannot be scuffed in the post. Include a note with your name and Order reference. Do not send cash.

Step D — Post within 14 days of telling me. You must return the Goods to me without undue delay and in any event within 14 days of telling me that you cancel, in the same condition, unused so far as possible. You are responsible for the cost of return postage unless I have agreed otherwise or the Goods are faulty. Please use a service you can track or photograph the receipt.

Step E — Refund. I shall refund the price you paid for the Goods, and standard delivery charged to you, within 14 days of receiving the Goods back or of receiving evidence that you have sent them, whichever is earlier. Refunds are made to the original payment method where that is reasonably possible. I may reduce the refund if the Goods have been handled beyond what is necessary to establish their nature, characteristics and functioning.

Standard delivery on the Order is currently £4.95 once per Order (Royal Mail unless I told you otherwise), as shown in the Terms. Where the law requires that delivery charge to be refunded on a cooling-off cancellation, I shall refund it. I am not obliged to refund extra-cost delivery you chose, if I ever offer it, beyond the standard method — I do not currently offer a paid upgrade at checkout.

3. Faulty Goods, damage and "not as described"

This section describes how we deal with problems. It does not replace the Consumer Rights Act 2015. In short, Goods must be as described, of satisfactory quality, and fit for any particular purpose I have agreed.

Natural variation in wood and slate, and the nature of laser engraving, mean that no two pieces are identical. That variation is part of the Goods and is not, by itself, a fault (Terms, section 5). If I engraved exactly what you approved or typed, and the Goods are otherwise satisfactory, a change of mind about the wording is not treated as a fault (Terms, section 13).

If the Goods arrive damaged, tell me in writing as soon as you reasonably can, ideally within a few days of delivery, and include photographs of the Goods and, where useful, the packaging. Do not throw the packaging away until we have agreed what happens next. You should not continue to use Goods that have arrived damaged if that would make the problem worse (Terms, section 10).

Step-by-step if something is wrong

Step 1 — Tell me. Email quirkycreationsbygemma@gmail.com as soon as you reasonably can. Include your name, Order reference or approximate date of Order, a description of the problem, and photographs where they help (for example a fault, a misspelling I made, or damage).

Please also say whether you can still use the piece, and whether you would prefer a repair, a replacement or a refund if the law gives you a choice. I cannot promise every preference, but it helps me reply clearly.

Step 2 — I review. I shall reply to acknowledge your message and, if I need more information, I shall ask for it. Please do not post the Goods back until I have confirmed the address and whether a return is needed. Returning an item without agreeing it first can delay the process and you may be uninsured in the post.

I aim to acknowledge within a few Working days. If I need the physical item, I shall say so and give you the return address and how postage will be handled.

Step 3 — Outcome. Depending on the facts and your legal rights, I may:

• repair the Goods;
• replace the Goods;
• refund some or all of the price;
• ask you to return the Goods so that I can inspect them; or
• explain why I do not consider there is a fault (you may still escalate as set out below).

If the Goods are faulty, I shall cover reasonable return postage that I have asked you to use, or I shall deduct it from the process in a way that does not leave you out of pocket for a return I required.

If I ask you to return a faulty item:

• pack it as in section 2, Step C;
• use the address I give you in writing;
• keep proof of postage.

I shall then inspect the Goods and confirm the repair, replacement or refund.

Step 4 — Refund method and timing. Refunds are made to the original payment method where that is reasonably possible. I shall make a refund without undue delay and within the timescales required by law (typically within 14 days of agreeing the refund or of receiving the Goods back, as applicable). Delivery charges are refunded where the law requires (for example a full rejection of the Order, or a cooling-off cancellation where that right applies).

Step 5 — If we cannot agree. You may contact Citizens Advice or another independent advisory service, and you may use an alternative dispute resolution scheme if one is available. You may also bring a claim in the courts of England and Wales (see section 20 of the Terms).

4. What is covered and what is not

This list is a plain-English summary of the Terms. It does not cut down your statutory rights.

Usually covered (I shall put it right, or refund, in line with the law and the Terms):

• Goods that arrive broken, cracked, or otherwise damaged in a way that is not ordinary natural variation.
• Missing items from the Order I accepted.
• Engraving that does not match the Personalisation you supplied or a proof you approved, where that is my error.
• Goods not as described on the Website in a material way.
• Goods that are not of satisfactory quality or not fit for a purpose I agreed.
• An Order I cannot fulfil after payment: I shall refund the amount you paid for that item (and any delivery charge that then no longer applies), unless we agree a substitute (Terms, section 4).
• Cooling-off cancellation where that right applies, if you follow the steps in section 2.
• Cancellation of a Commission or personalised Order before I have started work: I shall refund what you have paid for that work.

Usually not covered as a "return because I changed my mind", once work has started:

• Personalised or made-to-order Goods, including most shop items with a name, date or message, and Commissions, after I have started work to your wording or design.
• Spelling, dates or layout that match what you typed or approved.
• Ordinary differences in wood grain, slate colour, or laser tone between the photograph and the piece in your hand.
• Wear, knocks or water damage after delivery that are not a manufacturing fault.
• Return of unused personalised Goods because the gift is no longer wanted, other than as required by law or as I agree in writing in a particular case.
• Extra postage to redeliver after you gave a wrong or incomplete address, as described in section 10 of the Terms (I may ask you to pay extra postage reasonably incurred).
• Delay caused by the carrier after I have handed the Goods over, except to the extent the law requires otherwise, or except where the delay is caused by my failure to dispatch with reasonable care (Terms, section 10). Events outside my control are dealt with in section 18 of the Terms.

I do not offer a general "unused — send it back" returns policy for personalised Goods made to your specification, other than as required by law or as I agree in writing in a particular case.

5. How to contact me and when I will reply

Email quirkycreationsbygemma@gmail.com.

Please put "Return" or "Faulty Goods" in the subject line if you can, and include the Order reference.

I aim to acknowledge returns and fault reports within a few Working days. Putting something right (repair, replacement, refund, or a question back to you) then depends on photographs, whether the item must come back to me, and Royal Mail timings. I shall tell you what happens next in my reply.

If you need to change a delivery address before dispatch, email immediately (Terms, section 10). That is not a return; it is a correction.

6. Changes to this Policy

I may update this Policy from time to time. The version that applies to your Contract is the version in force when the Contract is formed, unless a change is required by law. The date at the top shows when this draft was last revised.

End of draft Returns Policy.