BACKGROUND: 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Items are sold by Us to consumers through this website, https://www.beyondtheink.co.uk (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Items from Our Site. You will be required to read and accept these Terms of Sale when ordering Items.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Items through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

  1. Definitions and Interpretation 
    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
  1. Information About Us
    1. Our Site, https://www.beyondtheink.co.uk, is owned and operated by Beyond The Ink, a company trading in England from the following address:

Beyond The Ink
Unit 13,
Louis Pearlman Centre,
Goulton Street,
Hull,
HU3 4DL

  1. Access to and Use of Our Site
    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    4. Use of Our Site is subject these Terms and Conditions.  Please ensure that you have read them carefully and that you understand them.
  1. Age Restrictions
    1. Consumers may only purchase Items through Our Site if they are at least 14 years of age.
    2. None of the Items on Our Site may be purchased by anyone under 14 years of age.
  2. International Customers

Please note that We only sell to customers in the United Kingdom.  We do not accept orders from, or deliver to, customers outside the United Kingdom.

  1. Items, Pricing and Availability
    1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Items available from Us correspond to the actual Items.  Please note, however, the following:
        1. Images of Items are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
    2. Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).
    3. We cannot guarantee that Items will always be available.  Stock indications are not provided on Our Site
    4. Minor changes may, from time to time, be made to certain Items between your Order being placed and Us processing that Order and dispatching the Items. However, if any change is made, suitable information will be provided to you.
    5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed.
    6. All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Items at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 3 working days, We will treat your Order as cancelled and notify you of this in writing.
    7. In the event that the price of Items you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    8. Delivery charges are not included in the price of Items displayed on Our Site.  Delivery options and related charges will be presented to you as part of the order process.
  1. Orders – How Contracts Are Formed
    1. Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
    3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
    4. Order Confirmations shall contain the following information:
        1. Your Order Number;
        2. Confirmation of the Items ordered including full details of the main characteristics of those Items;
        3. Fully itemised pricing for the Items ordered including, where appropriate delivery and other additional charges;
        4. Estimated delivery date(s).
    5. We will also include a paper copy of the Order Confirmation with your Items.
    6. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 working days.
    7. Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Items unless you specifically request that We make a refund using a different method.
  1. Payment
    1. Payment for Items and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will not be charged until We dispatch your Items.
    2. We accept the following methods of payment on Our Site:
        1. Stripe
  1. Delivery, Risk and Ownership
    1. All Items purchased through Our Site will normally be delivered within the times stated on our delivery information page unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13).
    2. In the unlikely event that We fail to deliver the Items to the United Kingdom within 7 working days or the rest of the world within 25 working days of Our Order Confirmation, if any of the following apply you may treat the Contract as being at an end immediately:
        1. We have refused to deliver your Items; or
        2. In light of all relevant circumstances, delivery within that time period was essential; or
        3. You told Us when ordering the Items that delivery within that time period was essential.
    3. If you do not wish to cancel, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.
    4. You may cancel all or part of your Order provided that separating the Goods in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Items and their delivery will be refunded to you within 14 working days.
    5. Delivery shall be deemed complete and the responsibility for the Items will pass to you once We have delivered the Items to the address including, where relevant, any alternative address you have provided.
    6. Ownership of the Items passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
    7. Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Items unless you specifically request that We make a refund using a different method.
  1. Faulty, Damaged or Incorrect Items
    1. By law, We must provide Items that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any illustrations that you have seen. If any Items you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Items, please contact Us at hello@beyondtheink.co.uk as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:
        1. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar days right to reject the Goods and to receive a full refund if they do not conform as stated above.
    2. Please note that you will not be eligible to claim under this Clause 10 if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Items for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 10 merely because you have changed your mind.  If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason.
    3. To return Goods to Us for any reason under this Clause 10, please contact Us at hello@beyondtheink.co.uk to arrange for a return.
    4. Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
    5. Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Items were originally purchased.
    6. Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Items unless you specifically request that We make a refund using a different method.
    7. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  1. Cancelling and Returning Items if You Change Your Mind
    1. If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.  This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation.
    2. If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling-off period.  You may do so in any way you wish.  Cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling-off period lasts for whole calendar days.  If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:
        1. Email: hello@beyondtheink.co.uk;

providing Us with your name, address, email address, telephone number, and Order Number.

  1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
  2. Please note that you may lose your legal right to cancel under this Clause 11 in the following circumstances:
      1. If the Items have been personalised or custom-made for you;
  3. Please ensure that you return Items to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 11.
  4. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 11. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
  5. Refunds under this Clause 11 will be issued to you within 14 calendar days of the following:
      1. The day on which We receive the Goods back; or
      2. The day on which you inform Us (supplying evidence) that you have sent the Goods back; or
      3. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
  6. Refunds under this Clause 11 may be subject to deductions in the following circumstances:
      1. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).  Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
      2. Standard delivery charges will be reimbursed in full as part of your refund.  Please note, however, that We cannot reimburse for premium delivery.  We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 11.
  7. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
  1. Our Liability to Consumers
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    2. We only supply Items for domestic and private use by consumers.  We make no warranty or representation that the Items are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  1. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
        1. We will inform you as soon as is reasonably possible;
        2. We will take all reasonable steps to minimise the delay;
        3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
        4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Items as necessary;
        5. If the event outside of Our control continues for more than 14 working days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled;
        6. If an event outside of Our control occurs and continues for more than 14 working days and you wish to cancel the Contract as a result, you may do so in any way you wish.  If you would prefer to contact Us directly to cancel, please use the following details:

Email: hello@beyondtheink.co.uk;

providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled.

  1. Communication and Contact Details
    1. If you wish to contact Us with general questions, your Order, cancellations or complaints, you may contact Us by email at hello@beyondtheink.co.uk.
  1. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
  1. How We Use Your Personal Information (Data Protection)
    1. All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation and your rights under that Regulation.
    2. We may use your personal information to:
        1. Provide Our Items to you;
        2. Process your Order (including payment) for the Items; and
        3. Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that We stop sending you this information at any time.
    3. We will not pass on your personal information to any third parties without first obtaining your express permission.
  1. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
  1. Law and Jurisdiction
    1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    3. If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.