Quirky Creations by Gemma

Terms and Conditions

Quirky Creations by Gemma

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

Email: quirkycreationsbygemma@gmail.com

Draft — not legal advice. This document is a working draft for the Website. It is written in the first person because I trade as a person, not as a limited company. It is not a substitute for advice from a solicitor qualified in England and Wales. Statutory rights of consumers in the United Kingdom are not affected. Please have this draft reviewed professionally before you treat it as a final published policy.

Last updated: 26 September 2026.

Definitions

In these Terms, unless the context otherwise requires, the following words and expressions shall have the meanings set out below. Headings are for convenience only and shall not affect interpretation. Words in the singular include the plural and vice versa.

References to "writing" or "written" include email.

1. About these Terms

These Terms govern your use of the Website and any Contract between you and me for Goods or a Commission. By browsing the Website, creating an Order, submitting a Commission brief, or paying through checkout, you confirm that you have read these Terms and that you agree to be bound by them.

If you do not agree with these Terms, you should not use the Website or place an Order.

These Terms apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, except where the law requires otherwise. Nothing in these Terms is intended to exclude or limit any right you have as a consumer under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or any other applicable UK consumer law. Those rights remain in full force.

If any part of these Terms is held to be invalid, unlawful or unenforceable, that part shall be treated as deleted and the remaining provisions shall continue in full force and effect.

2. About me

I am Gemma. I trade under the name Quirky Creations by Gemma. I design and make laser-engraved gifts and homeware from a home studio in England.

I am not currently listing a company number. I am not currently listing a VAT number. If that position changes, I shall update these Terms and any required checkout information.

The best way to contact me is by email at quirkycreationsbygemma@gmail.com. I may also be reached via the contact details published on the Website from time to time.

I sell to customers for personal and domestic use. If you are buying in the course of a business, you must tell me before you Order, because some consumer protections described in these Terms may then apply differently.

3. The Website

The Website is provided so that you may view the Goods, read about my work, submit a Commission brief, and (where checkout is available) place an Order and pay.

I take reasonable care to keep the Website accurate and available, but I do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. Descriptions, photographs and colours of the Goods are given in good faith. Natural materials such as wood and slate vary in grain, tone and surface. Images are illustrative; the piece you receive may differ in small ways from the photograph.

I may change, suspend or withdraw any part of the Website, including prices, descriptions, availability and shop categories, without prior notice, except that a change shall not affect a Contract already formed unless the law requires it or we agree otherwise in writing.

You are responsible for ensuring that the device, browser and internet connection you use to access the Website are suitable and secure.

4. The Goods

The Goods are handmade or hand-finished laser-engraved pieces. Many items are made to order rather than held as identical stock. Quantity, price, materials and any Personalisation shown at checkout or in my written confirmation form part of the Contract.

I may mark items as sold out. Sold-out Goods cannot be purchased until I make them available again. If an item is unavailable after you have paid, I shall contact you and refund the amount you paid for that item (and any delivery charge that then no longer applies), unless we agree a substitute.

I may offer Goods which are not suitable for children or which contain adult wording or imagery. Those Goods are described further in section 14.

You are responsible for checking that the Goods are suitable for your intended use (for example, indoor display, gifting, or contact with food or drink where relevant). If you are unsure, please ask me in writing before you Order.

5. Made-to-order work and Personalisation

A large part of what I make is personalised or otherwise made to your instructions. Where you provide a name, date, message, spelling, layout or other Personalisation:

If I send you a proof (for example a layout image or PDF) and you approve it, that approval is your instruction to proceed. Please read proofs carefully, including spelling and dates.

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.

6. Custom commissions

If you send a Commission brief through the Website form or by email, that brief is a request, not a finished Contract, until I confirm that I can take the work and we agree the essentials (what I will make, the price, and any timing I can offer).

I aim to review Commission briefs and reply within a reasonable time. A quote or proof is an invitation to proceed, not a guarantee that I can start immediately. I may decline a Commission (for example if the design is not something I can produce, or if I do not have capacity).

Unless we agree otherwise in writing:

Statutory rights for faulty or misdescribed work still apply. Changing your mind after I have begun work made to your specification is dealt with in section 12.

7. Prices and VAT

Prices for the Goods are shown on the Website in pounds sterling (GBP) and are as displayed at the time you place the Order, unless an obvious pricing error has occurred.

Delivery, where charged, is shown in the basket and at checkout. At the date of this draft, delivery is charged once per Order at £4.95, and is described as Royal Mail unless I tell you otherwise. If I change the delivery charge, the amount payable for your Order is the amount shown to you before you pay.

I am not currently listing a VAT number. Prices are presented as the amount you pay. If my VAT position changes, I shall update the Website and these Terms.

I reserve the right to correct an obvious error (for example a price that is clearly wrong). If you have already paid the incorrect amount, I shall contact you before proceeding and you may choose to continue at the correct price or cancel that Order for a refund of what you have paid.

8. Placing an Order

When you place an Order through checkout, you are offering to buy the Goods at the price and on the delivery terms shown. The Contract is formed when I accept that Order, which will usually be when payment is successfully taken and I send you an order confirmation (or otherwise confirm in writing that I have accepted it).

I may refuse or cancel an Order before it is accepted, for example if the Goods are unavailable, if payment fails, if I reasonably believe the Order is fraudulent, or if I cannot fulfil it. If I have already taken payment, I shall refund you.

You must provide a complete and accurate delivery name, address and email address. I am entitled to rely on the details you enter. Please see section 10 if the address is wrong.

Basket contents on the Website do not reserve stock until the Order is accepted.

9. Payment

Payment for shop Orders is taken through the checkout I provide, which at the date of this draft is hosted by SumUp (or such other payment provider as I may use from time to time). I do not receive or store your full card details on the Website. The payment provider's own terms also apply to the payment itself.

You must be authorised to use the payment method you choose. The Goods will not be treated as paid for until I (or my payment provider) have received cleared funds.

For Commissions, I may ask for payment of the agreed price (or a deposit, if we have agreed one) before I start or before I dispatch, as set out in my written confirmation.

If a payment is reversed, charged back, or otherwise fails after I have begun work or dispatched Goods, the sums due remain payable and I may suspend further work until the matter is resolved.

10. Delivery

What I offer

I currently offer delivery within the United Kingdom. Dispatch is typically described on the Website as around 3 to 5 days for many Orders, but this is an estimate, not a guarantee. Made-to-order work, busy periods, proofs that need your approval, and Royal Mail or other carrier performance can all affect timing. If I have given you a different timescale in writing for a particular Order, that timescale applies instead.

Delivery is charged once per Order at the amount shown at checkout (currently £4.95) unless I have agreed otherwise. The carrier shown at checkout is Royal Mail unless I state another method. If you are nearby, we may agree local delivery instead; that is by arrangement and is not an automatic checkout option.

I shall dispatch the Goods to the address you give at checkout (or any other address we agree in writing). Tracking, where available, will be shared when I mark the Order as shipped.

You must inspect the parcel on arrival so far as is reasonable and keep the packaging if you need to report damage.

Delay

If I become aware that dispatch or delivery will be materially later than the estimate I gave you, I shall contact you using the email address on the Order and tell you what I know.

I am not responsible for 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. If a delay is caused by an event outside my control, section 18 applies.

If delivery is later than you can reasonably accept, you may contact me. Depending on the circumstances and your statutory rights, options may include waiting for the delivery, agreeing a new date, or cancelling for a refund of amounts you have paid for Goods not yet received, without affecting any other right you have.

Damage in transit

If the Goods arrive damaged:

  1. Please 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.
  2. Do not throw the packaging away until we have agreed what happens next.
  3. I shall tell you whether I need the item returned, and I shall repair, replace or refund in accordance with the Consumer Rights Act 2015 and section 13 of these Terms.

You should not continue to use Goods that have arrived damaged if that would make the problem worse.

Wrong or incomplete address

You are responsible for the accuracy of the delivery address. If you notice a mistake, email me immediately. If the parcel has not yet been dispatched, I shall try to correct the address.

If the Goods are dispatched to the address you supplied and then cannot be delivered (for example because the address is incomplete, you are not available where a signature is required, or the parcel is returned to me), I shall contact you. I may ask you to pay any extra postage reasonably incurred to send the Goods again. If you do not respond within a reasonable time, I may treat the Order as closed and refund only such amount as is fair after deducting reasonable costs I have already incurred, except where the law requires a different outcome.

If I send the Goods to an address other than the one you supplied, that is my responsibility and I shall put it right at my cost.

Failed delivery and collection

If Royal Mail or another carrier leaves a card or notice, you should follow their instructions. If the Goods are returned to me because they were not collected or accepted, I shall contact you about redelivery and any extra postage.

11. Risk and title

Risk in the Goods (meaning responsibility if they are lost or damaged) passes to you when the Goods are delivered to the address you gave, or when you collect them, whichever happens first. If you have asked me to leave a parcel in a specified safe place, delivery to that place is delivery to you.

Title (ownership) in the Goods passes to you when I have received payment in full in cleared funds.

Until title passes, I may require the Goods to be returned if payment is reversed or remains unpaid.

12. Cancelling your order (cooling-off)

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.

Where a cooling-off right does apply (for example a non-personalised item I can reasonably resell, if I offer one):

  1. Email me at quirkycreationsbygemma@gmail.com within 14 days of the day after you receive the Goods, stating clearly that you wish to cancel, and including your Order reference if you have one.
  2. I shall confirm that I have received your cancellation.
  3. You must then 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, and with original packaging where you still have it. I shall give you the return address in writing.
  4. You are responsible for the cost of return postage unless I have agreed otherwise or the Goods are faulty.
  5. 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. I may reduce the refund if the Goods have been handled beyond what is necessary to establish their nature, characteristics and functioning.

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.

13. Returns, replacements and refunds (including faulty Goods)

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.

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).

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.

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

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.

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).

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.

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.

14. Age-restricted Goods

Some Goods on the Website contain adult language, adult humour, or imagery that is not suitable for children. Those items are marked on the Website (for example as 18+ or explicit).

By ordering such Goods you confirm that you are aged 18 or over and that you will not give them to anyone under 18. I may refuse an Order if I reasonably believe this confirmation is untrue.

Images of age-restricted Goods may be blurred or hidden until you choose to view them. That is a courtesy on the Website; it does not change the nature of the Goods once ordered.

15. Intellectual property

I own, or I am entitled to use, the designs, photographs, layout, text, logos and other content on the Website, except where a third party's rights are acknowledged. You may view and print pages for your own personal use in connection with an Order. You may not copy, sell, scrape or commercially reuse the Website content without my prior written permission.

When I make Goods or a Commission for you, I retain my design rights in my own artwork, layouts and methods unless we agree otherwise in writing. You are buying the physical Goods (and the Personalisation engraved on them), not the right to reproduce my designs for sale.

If you supply a photo, logo, character, trademark or other material, you warrant that you have the right to use it and to ask me to engrave it. You shall indemnify me against claims from third parties that arise because the material you supplied infringes their rights, except to the extent a claim is caused by my own error in how I reproduced it.

I may photograph finished Goods and use those photographs on the Website or social media unless you ask me in writing not to, before dispatch, in relation to a clearly identifiable personal commission.

16. Acceptable use of the Website

You agree to use the Website only for lawful purposes. You shall not:

I may suspend access, refuse an Order, or cancel a Contract (with a refund of sums you have paid for unfulfilled Goods) if I reasonably believe you have breached this section.

The Website may contain links to third-party sites (for example Facebook or a payment provider). Those sites have their own terms. I am not responsible for their content or their practices.

17. Limitation of liability

Nothing in these Terms excludes or limits my liability for death or personal injury caused by my negligence, for fraud or fraudulent misrepresentation, for defective products under the Consumer Protection Act 1987, or for any other liability that cannot lawfully be limited or excluded. Your statutory rights are not affected.

Subject to that:

I strongly recommend that you do not rely on the Website or the Goods as your sole record of important dates or legal documents. Keep your own copy of names, dates and Order emails.

This section applies only to the extent permitted by law.

18. Events outside my control (force majeure)

I shall not be in breach of the Contract, and I shall not be liable for delay or failure to perform my obligations, to the extent that the delay or failure is caused by an event beyond my reasonable control. Such events include, without limitation: fire, flood, storm or other natural disaster; epidemic or pandemic; failure or delay of Royal Mail or any other carrier; failure of utilities, internet or payment providers; accident to equipment; shortage of materials that I cannot reasonably obtain; industrial action; war, terrorism, riot or civil commotion; and acts or omissions of government.

If such an event occurs:

  1. I shall contact you as soon as reasonably practicable and tell you what has happened, so far as I know it;
  2. my affected obligations shall be suspended for as long as the event continues;
  3. I shall take reasonable steps to reduce the effect of the event and to resume work when it is reasonable to do so;
  4. if the event continues for more than 30 days, either you or I may cancel the affected Order by giving written notice. I shall refund amounts you have paid for Goods I have not yet dispatched, less any reasonable costs I have already necessarily incurred with your agreement, except where a full refund is required by law.

This section does not affect your statutory rights in respect of Goods that are faulty or not as described.

19. How I use your information

I use the personal information you give me (typically your name, email address, delivery address, Order details, and any Personalisation or Commission notes) in order to perform the Contract, to contact you about the Order, to arrange delivery, and to meet my legal records obligations.

Payment card details are handled by the payment provider, not stored in full by me on the Website.

I shall not sell your details. I may share what is necessary with Royal Mail or another carrier, with my payment provider, and with any professional adviser or authority where required by law.

A separate Privacy Policy and Cookie Policy will describe this in more detail when those pages are published on the Website. Until then, this section and any privacy wording on the Website apply. You may email me to ask what information I hold about your Order.

20. Changes, governing law and contact

I may update these Terms 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 or we agree otherwise in writing. The date at the top of this document shows when this draft was last revised.

These Terms, and any Contract between you and me, are governed by the law of England and Wales. If you are a consumer, you also have the benefit of any mandatory protections of the country in which you live, where those protections cannot be disapplied. The courts of England and Wales shall have jurisdiction, save that if you are a consumer you may bring proceedings in your local courts where the law allows.

If you have a question or a complaint, please email me first at quirkycreationsbygemma@gmail.com and I shall do my best to resolve it.

Nothing in these Terms is intended to confer any right on a person who is not a party to the Contract, except that this does not affect any right or remedy that exists apart from the Contracts (Rights of Third Parties) Act 1999.

End of draft Terms and Conditions.