The Constant Maker & Co.

Terms & Conditions of Business
You can find everything you need to know about us, The Constant Maker & Co., and our services on our website at www.theconstantmaker.com or from our sales staff before you order. We also confirm the key information to you in writing after you order by email.

When you buy from us you are agreeing that:

• We only accept orders when we've checked them.

• Sometimes we reject orders.

• We charge you when we accept your order.

• We charge interest on late payments.

• We pass on increases in VAT.

• We're not responsible for delays outside our control.

• Products can vary slightly from their pictures.

• You're responsible for making sure your measurements are accurate.

• We charge you if you don't give us information we need or do preparatory work as agreed with us.

• You have a legal right to change your mind.

• You can end an on-going contract (find out how).

• You have rights if there is something wrong with your service.

• We can change services, products and these terms.

• We can suspend supply (and you have rights if we do).

• We can withdraw products.

• We can withdraw services.

• We can end our contract with you.

• We don't compensate you for all losses caused by us or our services.

• We use your personal data as set out in our Privacy Notice.

• You have several options for resolving disputes with us.

• Other important terms apply to our contract.

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We only accept orders when we've checked them
We contact you to confirm we've received your order and then we contact you again to confirm we've accepted it.

Sometimes we reject orders
Sometimes we reject orders, for example, a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the product is age-restricted), because you are located outside the UK or because the service or product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
 

We charge you when we accept your order
However, for some services we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than services), you will own it once we have received payment in full.

We charge interest on late payments
If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.

We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the service or product, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control
If our supply of your service is delayed by an event outside our control we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us to end the contract and receive a refund for any services you have paid for in advance, but not received.
 

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Where our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website can be out by up to 2%.

You're responsible for making sure your measurements are accurate 



If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. We charge you if you don't give us information we need or do preparatory work as agreed with us.

We charge you if you don't give us information we need
We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery of products. For example, we might need to re-deliver on another vehicle.

You have a legal right to change your mind
For most of our products bought, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below. You have rights if there is something wrong with your products. You have 14 days to change your mind for the purchase of products but you must pay the cost for their return to us.

For most of our services, you have 14 days after the date we confirm your order to change your mind about a purchase, but you lose the right to cancel any service, when it's been completed (and you must pay for any services provided up to the time you cancel).

How to let us know and what happens next.

If you change your mind contact us through our website at www.theconstantmaker.com (Website) or by telephone. For the services we provide, we do not provide refunds, but will always do our best to offer an alternative placement in one of our other sessions.

You have to return the product at your own cost. If your product is goods, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can:
 

• bring the product to our address (details of which are contained on our website). You will need proof of purchase and the card you paid with.

 

• send the product back to us using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.

 

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.

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When and how we refund you. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment.

When you can't change your mind. You can't change your mind about an order for:

• services, once these have been completed;

• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

• goods that are made to your specifications or are clearly personalised; and

• goods which become mixed inseparably with other items after their delivery.

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You can end an on-going contract (find out how)
We will tell you when and how you can end an on-going contract with us (for example, for regular services) during the order process and we will confirm this information to you in writing after we've accepted your order. If you have any questions, please contact us.
 

You have rights if there is something wrong with your service
If you think there is something wrong with your service, you must contact us. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.


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Summary of your key legal rights 

​Services:
With the provision of services to you, which will be the case here with our arrangement, the Consumer Rights Act 2015 says:

• You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill.

• If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.

• If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

 

Goods:
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get a refund.  

• Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.  

We can change services, products and these terms
Changes we can always make. We can always change a service or a product:

• to reflect changes in relevant laws and regulatory requirements; and

• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the service or are in your best interests and which do not unduly reduce the quality of our offering.

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Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the service, products or these terms, but if we do so we'll notify you and you can then contact us to end the contract before the change takes effect and receive a refund for any product you've paid for in advance, but not received.

We can suspend supply (and you have rights if we do)
We can suspend the supply of a service or product. We do this to:

• deal with technical problems or make minor technical changes;

• update the service or product to reflect changes in relevant laws and regulatory requirements; or

• make changes to the service or product.

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If we do this, we will let you know, may adjust the price and may allow you to terminate. We will contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the service for longer than one month we will adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 2 months you can contact us to end the contract and we'll refund any sums you've paid in advance for services you won't receive.

We can withdraw services or products
We can stop providing a service or product. In the unlikely event that we are unable to provide our agreed service to you, we will use our best efforts to offer an alternative placement in one of our events or workshops. We will always try to offer as much advance notice as possible where this is the case.
 

We can end our contract with you
We can end our contract with you for a service and claim any compensation due to us if:

• you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;

• you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service, or as requested under this contract;

• you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.

 

We don't compensate you for all losses caused by us or our services or products
We're not responsible for losses you suffer caused by us breaking this contract if the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

• Caused by a delaying event outside our control. As long as we have taken the steps set out above (as contained in the section ‘We're not responsible for delays outside our control’).

• Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

Save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the services or product and all claims for loss of profit or indirect or consequential loss are wholly excluded.
 

Personal data
The data we collect about you.
We may collect, use, store and transfer different kinds of personal data about you as follows:

• Identity Data: includes first name, last name, any previous names, username or similar identifier, marital status, title, date of birth and gender.

• Contact Data: includes billing address, delivery address, email address and telephone numbers.

• Financial Data: bank account and payment card details.

• Transaction Data: includes details about payments to and from you and other details of products and services you have purchased from us.

• Technical Data: includes such things as your internet protocol (IP) address, your login data, browser type and version.

• Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

• Usage Data: includes information about how you interact with and use our website, products and services.

• Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

We use different methods to collect data from and about you including through:
Your interactions with us; automated technologies or interactions; third parties or publicly available sources.

How we use your personal data
We will only use your personal data for the purpose for which we collected it which includes the following:

• To register you as a new customer.

• To process and deliver your order.

• To manage your relationship with us.

• To enable you to participate in a prize draw, competition or complete a survey.

• To improve our website, products/services, marketing or customer relationships.

• To recommend products or services which may be of interest to you.

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How we share your personal data. We may share your personal data within our organisation or with external third parties, in accordance with applicable data protection laws. We require all third parties to respect the security of your personal data and to treat it in accordance with the law.



 

International transfers. We may transfer, store and process your personal data outside the UK in accordance with applicable data protection laws.

Data retention. We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

You have several options for resolving disputes with us
Our complaints policy. If you are unhappy with the services that we have provided, please contact us and we will endeavour to respond to you as quickly as possible and use our best efforts to find a satisfactory solution to any complaints.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.