Terms of service

Overview

Welcome to WoollyHeaded. In these Terms, "we", "us" and "our" refer to WoollyHeaded, a business based in the United Kingdom. We operate this store and website, including all related information, content, features, tools, products and services (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them (our "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully.

Nothing in these Terms affects your statutory rights as a consumer under UK law, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where any provision of these Terms is inconsistent with your statutory rights, your statutory rights will prevail.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

1. Access and Account

By agreeing to these Terms, you confirm that you are at least 18 years old, or that you have the consent of a parent or guardian to use the Services.

To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information such as your email address, billing, payment and delivery details. You confirm that all information you provide is accurate, current and complete, and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or licence your account to any other person.

2. Our Products

Our hats are hand-knitted, and each item is unique. We do our best to represent our products accurately, but please note that colours and finish may vary slightly from how they appear on your screen due to lighting, screen settings and the handmade nature of the goods.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product and may limit quantities on a case-by-case basis.

As a consumer, you are entitled under the Consumer Rights Act 2015 to goods that are of satisfactory quality, fit for purpose and as described. These statutory rights are not affected by anything in these Terms.

3. Orders

When you place an order, you are making an offer to purchase. A binding contract is formed only when we confirm acceptance of your order by email (our "Order Confirmation"). Receipt of an order acknowledgement is not itself acceptance.

We reserve the right to decline an order for any lawful reason, including where the product is out of stock, where there is an error in the price or description, or where we suspect fraudulent activity. If we cannot accept your order, we will notify you and refund any payment taken.

You may have a statutory right to cancel your order under the Consumer Contracts Regulations 2013 — see section 6 (Cancellation and Returns) below.

4. Prices and Payment

All prices are shown in pounds sterling (GBP) and include UK VAT where applicable. Delivery charges are shown separately at checkout before you place your order.

Prices, discounts and promotions are subject to change without notice, but the price charged for a product will be the price in effect at the time we accept your order and will be set out in your Order Confirmation.

In the event of an obvious pricing error (for example, where a product is listed at a price significantly below its normal retail price), we reserve the right to cancel the order and refund any payment taken, even after an Order Confirmation has been sent.

You confirm that: (i) any payment information you provide is true, correct and complete; (ii) you are authorised to use the payment method; and (iii) you will pay the charges incurred at the posted prices, including delivery charges and any applicable taxes.

5. Delivery

We will deliver your order to the address you specify at checkout. Estimated delivery times will be provided at the point of order, but these are estimates only and are not guaranteed.

Under the Consumer Rights Act 2015, the goods remain at our risk until they are delivered to you (or to someone you have nominated to receive them). Risk of loss or damage passes to you on delivery. Ownership of the goods passes to you once we have received payment in full and the goods have been delivered.

If delivery is delayed by an event outside our reasonable control, we will contact you as soon as possible and take reasonable steps to minimise the delay.

6. Cancellation and Returns

If you are a consumer based in the UK, you have a statutory right to cancel your order within 14 days of receiving the goods, without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

To exercise this right, you must notify us of your decision to cancel before the 14-day period ends, by email to contact@woollyheaded.co.uk or by post. You must then return the goods to us within 14 days of notifying us.

You are responsible for the cost of returning the goods unless we agree otherwise or the goods are faulty. We will refund the price you paid, together with any standard delivery charges, within 14 days of receiving the goods back or receiving evidence that you have returned them.

This right to cancel does not apply to goods that have been made to your specifications or are clearly personalised (such as bespoke or custom-made hats). Further details are set out in our Refund Policy.

If your goods are faulty, not as described, or not of satisfactory quality, you have separate statutory rights to a repair, replacement or refund under the Consumer Rights Act 2015. Please contact us at contact@woollyheaded.co.uk.

7. Intellectual Property

The Services, including all trademarks, brand names, text, images, graphics, product photographs, reviews, video, audio and the design, selection and arrangement of those elements, are owned by WoollyHeaded or our licensors and are protected by UK and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent.

"WoollyHeaded" and associated logos and product names are trademarks of WoollyHeaded. "Shopify" and associated marks are trademarks of Shopify. All other trademarks referenced on the Services are the property of their respective owners. Nothing in these Terms grants you any licence or right to use any trademark without prior written permission.

8. Third-Party Tools and Links

The Services may include tools, content or links provided by third parties. We do not control, endorse or monitor these third-party services, and we accept no responsibility for them.

Any use of third-party tools is at your own risk, and you should review the relevant third party's terms and privacy policy before using them. Complaints or concerns about third-party products or services should be directed to the relevant third party.

9. Relationship with Shopify

Our store is powered by Shopify, which provides the underlying e-commerce platform. Any sale or purchase you make is directly with WoollyHeaded, and Shopify is not a party to that sale.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and WoollyHeaded, including any injury, damage or loss resulting from products purchased. You release Shopify and its affiliates from any claims arising from your transactions with us, save where such a release is prohibited by law.

10. Privacy and Data Protection

We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and our Privacy Policy, which is available on our website. Our Privacy Policy explains what personal data we collect, how we use it, the lawful bases we rely on, and your rights as a data subject.

Because our store is hosted by Shopify, some personal data will be processed by Shopify in order to provide the Services. Please see Shopify's own privacy policy for details of how Shopify processes your data.

You have the right to lodge a complaint with the Information Commissioner's Office (ICO) at ico.org.uk if you believe we have not handled your personal data in accordance with the law.

11. Feedback

If you submit any ideas, suggestions, reviews, proposals or other content to us ("Feedback"), you grant us a perpetual, worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, publish, distribute and display that Feedback for any reasonable business purpose, including promotional use.

You confirm that: (i) you own or have all necessary rights to the Feedback you submit; (ii) the Feedback does not infringe any third-party rights, including copyright, trademark, privacy or personality rights; and (iii) the Feedback is not unlawful, defamatory, abusive, obscene or otherwise objectionable.

We may, but are not obliged to, monitor, edit or remove Feedback at our discretion. We are not responsible for Feedback submitted by you or by any third party.

12. Errors and Inaccuracies

Occasionally information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges or availability. We reserve the right to correct any such errors and to update information at any time without prior notice. Where an error affects an order you have placed, we will contact you as soon as reasonably possible.

13. Acceptable Use

You may use the Services for lawful purposes only. You must not use the Services:

•         for any unlawful, fraudulent or malicious purpose;

•         in any way that breaches applicable UK, EU or international laws or regulations;

•         to infringe our intellectual property rights or those of any third party;

•         to harass, abuse, threaten, defame or harm any person;

•         to transmit false, misleading or harmful information;

•         to send unsolicited advertising or promotional material, chain letters or spam;

•         to impersonate any person or entity;

•         to upload or transmit viruses, malware or other harmful code;

•         to reproduce, duplicate, scrape, resell or exploit any part of the Services;

•         to collect or harvest personal data of other users;

•         to use any automated means, robots, spiders, scrapers or AI tools to access the Services without our written permission; or

•         to interfere with or bypass any security or authentication measures.

We reserve the right to suspend or terminate your access to the Services if we reasonably believe you have breached this section.

14. Automated Agents

This section applies if you use or deploy an automated agent ("Agent") to access or interact with the Services. An Agent means any software that takes autonomous or semi-autonomous action on behalf of a person or entity.

Agents must not access the Services unless they identify themselves clearly and operate transparently. Specifically, Agents must:

•         identify themselves in HTTP request headers using the format "Agent/[agent name]";

•         not conceal or obfuscate their nature, including by mimicking human behaviour or bypassing CAPTCHA or similar verification measures;

•         respond truthfully if asked whether they are human or automated; and

•         respect any technical measures we use to limit or control automated access.

We may, at our discretion, apply technical measures to limit, modify or block automated access to the Services.

15. Termination

We may terminate or suspend your access to the Services at our reasonable discretion if you materially breach these Terms. Where reasonably practicable, we will give you notice and an opportunity to remedy the breach.

Termination does not affect any rights or obligations that have accrued before the date of termination. The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnity, Severability, Waiver; Entire Agreement, Assignment, Governing Law, and any other provisions that by their nature should survive.

16. Disclaimer

Information on the Services is provided for general information purposes only. While we take reasonable care to ensure accuracy, we do not warrant that the information is complete, up to date or error-free, and any reliance you place on it is at your own risk.

Except as expressly stated in these Terms and except in relation to your statutory rights as a consumer, the Services are provided "as is" and "as available". Nothing in these Terms excludes or limits any warranty, condition or other term that cannot lawfully be excluded or limited under UK law, including your rights under the Consumer Rights Act 2015.

17. Limitation of Liability

Nothing in these Terms excludes or limits our liability for:

•         death or personal injury caused by our negligence;

•         fraud or fraudulent misrepresentation;

•         breach of your statutory rights as a consumer under the Consumer Rights Act 2015; or

•         any other liability that cannot lawfully be excluded or limited.

Subject to the above, we will not be liable to you for any loss or damage that is not reasonably foreseeable. Loss or damage is "reasonably foreseeable" if, at the time the contract was made, it was an obvious consequence of our breach or if it was contemplated by you and us.

If you are a consumer, we supply our products for your domestic and private use only. If you use the products for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Subject to the paragraphs above, our total liability to you in connection with any single order will not exceed the price paid for that order.

18. Indemnity

If you use the Services in breach of these Terms or in breach of applicable law, you agree to reimburse us for any reasonable losses, costs or expenses (including reasonable legal fees) that we incur as a direct result. This clause does not apply to you in your capacity as a consumer except to the extent permitted by law.

19. Severability

If any provision of these Terms is held to be unlawful, void or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

20. Waiver; Entire Agreement

A failure or delay by us to enforce any provision of these Terms will not constitute a waiver of that provision.

These Terms, together with our Privacy Policy, Refund Policy and any other policies posted on our website, constitute the entire agreement between you and us in relation to your use of the Services, and supersede any prior agreements.

21. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms where this does not adversely affect your rights.

22. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of England and Wales.

If you are a consumer, you and we agree that the courts of England and Wales will have non-exclusive jurisdiction, which means you may bring a claim in the courts of the part of the UK in which you live. If you are a business, the courts of England and Wales will have exclusive jurisdiction.

23. Headings

Headings in these Terms are for convenience only and do not affect their interpretation.

24. Changes to These Terms

You can review the current version of these Terms at any time on our website. We may update these Terms from time to time. Where changes are material, we will give you reasonable notice (for example, by email or by a notice on our website) before they take effect. Your continued use of the Services after the effective date of any change constitutes your acceptance of the updated Terms.

25. Contact

Questions about these Terms, or about your order, can be sent to us at contact@woollyheaded.co.uk.