These Terms will apply to any contract between us for the supply of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. If you refuse to accept these Terms, you will not be able to order any Products from and must not use the Site. Please note, many of our Products contain content of an adult nature. Such content is intended to be humorous only and is not intended to be offensive in any way to you or any third party. It shall be your responsibility to ensure that any Products you purchase through the Site do not cause offence to any third party, including without limitation any intended end recipient of the Product.
We amend these occasionally. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st of January 2021.
Information About Us
1.1 We operate the Site www.cuteasduck.co.uk. We are Cute As Duck. Our trading address is Cute As Duck, 23 Buchanan Close, Coleford, Gloucestershire, GL16 8EG. This is a mailing address only and is not open to the public at any time.
2.1 The images of the Products on the Site are for illustrative purposes only. We have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 We try to ensure that every Product is shown accurately on the Site and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout.
How We Use Your Personal Information
3.1 We only use your personal information in accordance with our Privacy and Cookies Policies. Please take the time to read these as they include important terms which apply to you.
4.1 You may only purchase Products from the site if you are at least 18 years old.
4.2 Certain Products on the Site can only be purchased if you satisfy the legal age requirement for that product. If you are underage, please do not attempt to order these Products through our site.
How The Contract Is Formed Between You And Us
5.1Our shopping pages will guide you through the steps you need to take to place an order with us. (Please take the time to read and check your order at each stage of the order process, in particular the delivery address and any personalisation requested.)
5.2 After you place an order, you will receive an e-mail acknowledging that we have received your order. This is deemed as confirmation of your order stating the receipt of your purchase and amount.
5.3 The placing of a Product on the Site is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5.5 we reserve the right to refuse any order that we deem to contain racist, homophobic or otherwise overtly offensive.
Our right to vary these terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
Your Consumer right of return and refund
7.1 You have a legal right to cancel a Contract during the period set out below in clause 7.2. 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. However, this cancellation right does not apply in the case of:
(a) Any Product which has been personalised or made bespoke for you at your request; and/or
(b) any Products which have been used, written on or marked in any way (in whole or in part), intentionally or otherwise.
7.2. Subject to clause 7.8. your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
7.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact us on our Contact Page You can also e-mail us at email@example.com or by post to Cute As Duck, 23 Buchanan Close, Gloucestershire, GL16 8EG. If you are emailing or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
7.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products.
Your Contract End of the cancellation period. The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with an Order 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 multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last of the separate Products ordered. Example: if we provide you with an Order Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 10th January you may cancel in respect any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
(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 (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 working days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines 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, the day on which you provide us with evidence that you have sent the Product back to us.
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days afer you inform us of your decision to cancel the Contract.
7.5 If you have returned the Products to us under this clause 7 because they are faulty, not what you ordered or materially mis-described, please notify us straight away and in any event within 3 days of delivery. Subject to you providing reasonable evidence of the defect / damage / mis-description (as applicable) and, where we request and at our expense, returning the Product to us, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.6. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.7. If a Product has been delivered to you before you decide to cancel your Contract: (a) 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. You must send it back to us at Cute As Duck, 23 Buchanan Close, Coleford, Gloucestershire, GL16 8EG by post. All products to be returned must be in the condition they were in when first received by you with the original packaging; and (b) Unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us.
7.8. Please be aware you will not be entitled to cancel the contract where you or a third party has used or marked the Product in any way (in whole or in part) and/or in respect of a personalised Product, which includes without limitation a Product made bespoke for you (unless such personalised Product is damaged or defective in some way).
8.1. The estimated delivery time is 3-5 working days after the date of the Order Acceptance Please note that the despatch date is the day we send the item you have ordered, NOT the day it will be delivered. We do not guarantee delivery dates or times.
8.2. If no one is available at your address to take delivery, our couriers/Royal Mail will leave a note to rearrange delivery or collection. If this is not possible within a reasonable timeframe your parcel may be returned to us. In this case you will need to contact us by email or in writing to rearrange delivery at an additional cost to yourself. This fee will be for actual mailing costs only.
8.3. Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.4. You own the Products once we have received payment in full, including all applicable delivery charges.
8.5. Please note that if a product is unavailable, we may contact you to offer an alternative product. If no suitable alternative is agreed then we will cancel your order and refund any payment as soon as possible.
9.1. Unfortunately, we do not deliver to addresses outside of the UK.
9.2. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
Price of Products and Delivery Charges
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered. 10.2. Prices for our Products may change from time to time, but changes will not a affect any order you have already placed. 10.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK. 10.4. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
How To Pay
11.1. We use both Paypal and Stripe to accept payments. This is for your convenience and security.
11.2. Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card before we dispatch your order.
Use of Site
12.1. All copyright, database rights, trade marks and all other intellectual property rights in the Products, the Site and its content are owned by us.. No permission is given by us for use by any person of any intellectual property in the Products and/or Site which may constitute an infringement of our intellectual property rights or the rights of any third party.
12.3. The content of the Site does not constitute advice and you use the Site at your own risk. We are not responsible for any loss or damage arising from the use of such material and information.
13.1. Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
13.2. In respect of any cause of action (including an action for negligence) arising out of or in connection with any Product supplied by us, our entire liability shall be limited, to the extent that the cause of action relates to the Product to (at our option): (a) repairing the defective Product; (b) replacing the defective Product; or (c) refunding the amount paid by you in respect of the Product purchased.
13.3. Please note, many of our Products contain content of an adult nature. Such content is intended to be humorous only and is not intended to be offensive in any way to you or any third party. You understand and agree that we shall not be responsible for how you use the Product and you will not (and will not allow or assist a third party to) use the Product in any way that: (a) will or could cause offence to a third party, including without limitation any recipient of the product; and/or (b) could be considered defamatory, abusive or threatening.
Events Outside Our Control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An ‘Event Outside Our Control’ means any act or event beyond our reasonable control.
14.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will contact you by email to notify you.
Other Important Terms
5.1 When we refer, in these Terms, to “in writing”, this will include email.
5.2 We may transfer our rights and obligations under a Contract to another organisation, such as a third party printer but this will not affect your rights or our obligations under these Terms.
5.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of third Parties) Act 1999 or otherwise.
5.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 5.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non‐exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you have any concerns about material which appears on the Website, please contact firstname.lastname@example.org or write to us at the address given at the top of these Terms and Conditions