IMPORTANT: Please read these terms and conditions carefully. They form a legally binding agreement between you and us. If you do not agree with these terms and conditions, please do not place any orders with us through the website or by phone.
When placing an order, you will be invited to agree to these terms and conditions by ticking the box marked “I agree to the terms and conditions”. If you don’t accept the terms and conditions by ticking this box, you will not be able to order any products from our site.
These terms and conditions apply to your access and use of the website and / or to any orders you place through the website or by phone. By: clicking the “I ACCEPT” button on the website to accept these terms and conditions accessing or using the website; placing an order with us through the website; and / or confirming, whether by email, post or phone, that you accept these terms and conditions, you are agreeing to be bound by these terms and conditions and enter into a contract with Fabricsmart Limited (doing business as Scrummi) Limited, a company registered in England and Wales, whose registered number is 05952714 and whose registered office is at Star House, Star Hill, Rochester, Kent, ME1 1UX.
If you do not accept these terms and conditions, you should not click “I ACCEPT” or place an order with us through the website or by phone.
You are responsible for the accuracy and completeness of the personal information that you give to us, and you warrant that such information is accurate and complete in all respects. You agree to notify us of any change to such information.
3.1 You must be aged 18 or over to place an order via the website
3.2 You are resident in and require delivery to one of the locations set out in our delivery section and;
3.3 You are accessing our website from within the United Kingdom. (excluding Guernsey and Northern Ireland)
3.4 After placing an order online and clicking “complete order”, we will take payment for your order; you will then receive an email from us acknowledging that we have safely received and accepted your order. We will provide an estimated date on which such product(s) will be delivered to you as outlined in our current lead times.
3.5 That confirmation of dispatch will then follow from our delivery partners and constitutes our acceptance of your offer and the formation of a contract between you and us for the sale of such product(s) under these terms and conditions.
3.6 All items are subject to stock availability. We will inform you as soon as possible if, for any reason, the products you have ordered are not available. Please note that, on rare occasions, stock may become unavailable after we have accepted your order. In such circumstances, we may need to cancel the contract with you. In such circumstances, if we have taken payment from your credit card or debit card, we will refund the amount paid by you in full and we will thereafter have no other liability to you.
3.7 You can make changes to your order up to the point at which you click on the “complete order” button at the end of the checkout process. Please take the time to read your order carefully before you click the “complete order” button.
3.8 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide.
3.9 Fabricsmart Limited (doing business as Scrummi) makes every effort to present accurate and reliable information on this website.
4.1 The prices payable for products are shown on the website and will be discussed with you if you place an order by phone.
4.2 Additional delivery charges will be clearly shown during the checkout process and included in the ‘Total Cost’ as well as the breakdown of your order, as set by our delivery partners. We also offer a Saturday delivery which charged at £15 per item ordered. This service is only available for deliveries to UK Mainland addresses, excluding Highlands.
4.3 All product prices on the website are in UK Pounds sterling and exclude VAT at the current rate and exclude any delivery charges is applicable. VAT will be added at check out as will any applicable delivery charges.
4.4 Due to the large number of products on our site, it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our order-handling procedure so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If the product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of the rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have accepted payment and/or sent you an order acceptance if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
NON-ACCEPTANCE OF ORDERS BY US
5.1 We can refuse to accept or fulfil any order in our absolute discretion, including, without limitation, if:
5.1.1 There is a pricing or description error when the order is placed which is obvious and unmistakable and could have reasonably been recognised as mispricing as stated in section 4.4.
5.1.2 Your payment is refused
5.1.3 We do not deliver to the area in which your delivery address is located; and/or
5.1.4 It is not possible or practical for us to deliver to, or we have any other concerns with, the delivery address that you have given us
5.2 If we refuse to accept an order in accordance with this Clause 5, we will not be obliged to offer any compensation for loss or disappointment suffered by you.
6.1 We accept payment by credit or debit card (Visa, MasterCard, Visa Debit, American Express)
6.2 We do not accept cash, cheques, or gift vouchers as payment online.
6.3 We do not allow orders to be placed by paying a deposit and paying the balance of the purchase price for the product(s) ordered at a later date.
6.4 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. Notwithstanding that an order may not have been accepted, we will process your credit or debit card details immediately after you place your order.
6.5 All payment transactions may be subject to validation checks and authorisation by the relevant card and service providers and/or by us. If your card issuer/payment service provider refuses to authorise payment to us, we will not be liable for any delay or non-acceptance of orders made by you.
6.6 If for any reason any payment is refused after we have dispatched any product, we will have the right to request the payment from you or recover the relevant product(s) from you. We may charge you for our costs in recovering the product(s) or seeking further payment.
6.7 Full ownership and title in any product ordered from us will remain with us and will not pass to you until we have received payment of the full purchase price for such product.
7.1 We currently deliver within the UK only. (Excluding Guernsey Northern Ireland)
7.2 We aim to ship all orders the same working day if received by 2pm. Orders to UK mainland addresses (excluding Highlands) are shipped on a next working day courier service (DPD etc.). Working days are Monday to Friday. This may vary during promotional periods; delivery times will be updated on our website to reflect this. For Non-mainland and Highland deliveries we aim to deliver within 72 hours of receipt of order. Please note we do not guarantee these delivery times as they are subject to stock availability and the delivery option available to your area by our preferred courier.
Please check our Delivery Page for more info.
7.3 Our delivery partners operate Monday to Friday (excluding bank and other public holidays) and there must be a person aged 18 or over at the delivery address when the product is delivered.
Once you have submitted an order; you may not be able to change the delivery address. If you would like to discuss a change to the delivery address after you have submitted an order, please contact us as soon as possible using the information available on our website.
7.4 The estimated delivery date of a product is based on the delivery address you have provided to us and is subject to receipt by us from you of payment for such product. Although we endeavour to deliver products on the estimated delivery date, such date is indicative only and we cannot guarantee that the delivery will take place on such date.
7.5 Although we will make every reasonable effort to ensure your products are delivered within the timescales given above, unfortunately, we cannot guarantee that they will not be affected by unforeseen issues affecting our delivery partners. Where your delivery is delayed by unforeseen circumstances, we will work with our delivery partners to get your products to you as soon as possible. We do not refund delivery charges (if any) in such circumstances.
7.6 You must inform us, by email or phone if there are any special circumstances which might be relevant to your delivery, including, without limitation, factors relating to access: to your delivery address (e.g., low bridges, narrow lanes etc); and/or to the premises at your delivery address (e.g., small door frames, narrow passages, steps etc). Please take appropriate measurements to confirm whether there are any such factors.
7.7 You may be liable to pay us extra delivery charges if:
7.7.1 We are unable to complete a delivery because a person aged 18 or over is not present at the delivery address on the date of delivery to accept the product
7.7.2 You attempt to change the delivery address after the product has been dispatched to you; and/or
7.7.3 You fail to notify us of special circumstances which are relevant to Clause 7.6.
7.8 Notwithstanding Clause 6.7 once we have delivered any product to you: risk in that product passes to you, and you are responsible for its insurance and security.
IF YOU CHANGE YOUR MIND
9.1 You may cancel your order for any product for any reason at any time from the date on which you placed the order up to 14 working days after the day after you received such product by notifying us in writing pursuant to Clause 11 below, in which case:
9.1.1 We will, as soon as possible and, in any event, within 30 days of such cancellation, refund any sums paid to us by you, and any provider of credit facilities, as envisaged by Clause 6.7, in respect of the purchase price for the product and any charges for delivering the product to you.
9.1.2 You must return the product to us at your cost, and we request that you follow our returns policy, as set out in Clause 11 below. If you fail to return the product to us and we have to arrange for it to be collected, you will be charged the amount of (£17.00) for the cost of collection; and
9.1.3 You are under a statutory duty to take reasonable care of the product until it is returned to us.
9.2 If you want to cancel before your product has been delivered, please contact us using the information available on our website, although, if your order has already been processed for delivery, we may not be able to prevent the product from being delivered to you.
9.3 If you want to exercise your right to cancel under Clause 9.1, after the products have been processed for delivery or have been delivered at the time you notify us of your wish to cancel the contract, then the products must be returned to us at your own risk. We request that you do not use the product and that any packaging which is still on the product is not removed or, to the extent that such packaging has been removed but is still in your possession, that you return the product with such packaging.
9.4 You may still be entitled to cancel the order, in relation to our products even after the 14 working days deadline set out in Clause 9.1 above, in which case we will refund any sums paid to us by you and any provider of credit facilities as envisaged by Clause 6.7, in respect of the purchase price for the product, provided that:
9.4.1 We will not refund the cost of delivering the product to you.
9.4.2 You return at your cost the applicable product to us in accordance with our returns policy, as set out in Clause 11 below. If you fail to return the product to us and we have to arrange for it to be collected, you will be charged the amount of (£17.00) for the cost of collection.
9.4.3 You may only make and cancel such an order once / you may not order the same or a similar product.
IF A PRODUCT IS DAMAGED OR FAULTY OR NOT WHAT YOU ORDERED
10.1 Please keep all the product information and packaging that comes with your product as it may be needed in the future if you wish to contact us in regards to your product
10.2 We request that you check over your goods on delivery to ensure that the packing is intact and that all items appear to be in good condition before you sign for them. If you find your goods to be faulty, damaged, or incorrect please refuse the items and contact our Customer Service team as soon as possible. If you find that your goods are damaged after you have taken delivery, please notify us as soon as possible. We ask that you inspect your goods within a reasonable time scale and prior to them being transported anywhere else.
10.2.1 We will replace it with an equivalent product, if possible; or
10.2.3 If it is not possible to replace it with an equivalent product, we will refund any sums paid to us by you in respect of the purchase price for the product and any charges for delivering the product to you.
In relation to any such returns, we request that you follow our returns policy, as set out in Clause 11 below.
10.3 If we discover that a product you have returned to us on the basis that it was damaged or faulty is not in fact damaged or faulty, we may: return it to you and cancel any refund that you have requested, or if we have already refunded you, we may recharge you for the product and the original delivery costs, using the payment information provided to us when you placed your order; and charge you for the costs of returning the product to us and of redelivering the product to you.
10.4 If a product you have received from us is not the product which you ordered from us, please notify us, and return the product to us, at our cost, either by post or by requesting that we collect the product from you,
10.4.1 We will deliver the product which you ordered, if possible; or
10.4.2 If it is not possible to deliver the product which you ordered, we will refund the purchase price and any in relation to any such returns; we request that you follow our returns policy, as set out in Clause 11 below.
11.1 You can return a product at any time up to 14 calendar days starting on the day, after which you receive the products as outlined below. If you want to return a product please email us (or, if you do not have an email address, write to us) for the attention of Fabricsmart Limited t/a Scrummi 45 High Street, West Malling, Kent ME19 6QH and we will give you a returns number, which we request that you use when you return the product to, and in all correspondence with, us (otherwise our response may take longer).
11.2 Our products can be returned at any time from the date on which you placed the order up to 14 working days after the day after you received such product. You will be responsible for paying your own shipping cost for returning your item.
11.3 You must return the product to us at your cost, and we request that you follow our returns policy. If you fail to return the product to us and we have to arrange for it to be collected, you can be charged up to the amount of (£17.00) for the cost of collection depending on the product.
11.4 You are under a statutory duty to take reasonable care of the product until it is returned to us. We cannot accept the return of any products which are not defective and have been opened due to hygiene reasons.
11.5 We reserve the right, at our sole discretion, to charge you for our direct costs incurred in relation to the return of products to us. If a collection is arranged but you do not make the products available for collection on the day, a charge of (£17.00) will be payable. Fabricsmart Limited (doing business as Scrummi) cannot be responsible for failed or delayed collections.
11.6 Please ensure that all products packaged for return are clearly labelled with your name, postal address, and order number. You must ensure that the products which you wish to return are adequately packaged to protect them from being soiled or damaged whilst being returned to us. Please ensure that you keep the original packaging in which the products are delivered in case you wish to make a return.
11.7 Subject to Clauses 9.1 and 10.1, if you ask us to collect products that have been soiled or damaged since they have been delivered to you, we may refuse to collect or take away those products. If (on return to our premises) we find that products collected from you are in a soiled or damaged state, we reserve the right to re-deliver those products to you and/or to require payment in full from you for those products and you hereby authorise us to collect all sums required for us to effect payment in full using the debit/credit card details provided to us at the time of placing your order.
12.1 We will make any refunds due to you in accordance with these Terms and Conditions using the same method of payment as you used when placing your order. Please note that we cannot influence any part of a refund after we have submitted the request to a bank and that banks can take up to 5-10 days to process.
USE OF PRODUCTS
13.1 You agree only to use the products for their normal and proper use and not to alter or modify or otherwise interfere with them.
14.1 Nothing in these Terms and Conditions excludes or limit our liability for:
14.1.1 death or personal injury caused by negligence.
14.1.3 any breach of any terms implied by sections 1 2 and 14 of the Sale of Goods Act 1979 or sections 2 and 4 of the Supply of Goods and Services Act 1 982, any defective products under the Consumer Protection Act 1 987 and/or any other statutory or other liability which cannot be excluded under applicable law