Terms

The Wishing Jar Terms & Conditions

General

The website www.thewishingjar.co.uk is a trading style of The Wishing Jar which is owned and operated by Lois Hedley

– E-Mail:  wishes@thewishingjar.co.uk

– Telephone:  07561 254 374

 

These terms and conditions apply to the use of this website – www.thewishingjar.co.uk. By accessing this website you confirm that you have read, understood and agreed to these terms and conditions. If you have any questions, please contact us before placing an order.

We may have to change these terms and conditions from time to time. You should check before you order to see if any changes have been made since your last visit.

When you buy from us, your contract is made with The Wishing Jar. When you place an order with us, you agree that these terms and conditions shall form the contract between us.

The contract between us will only begin to exist when you receive confirmation from us that we have accepted your order.

Our relationship with you is based on these terms and conditions alone.  Any changes must be made in writing and signed by you and by us.

You agree that all information you provide for the purposes of ordering or purchasing goods are accurate and complete, and that the credit or debit card you are using is not being used fraudulently.

Your statutory rights are not affected by these terms and conditions.

These terms and conditions and the contract between us are made under the laws of England. Any dispute arising from our dealings must be heard in the courts of England.

 

Payment

The Wishing Jar accepts payment from PayPal which is one of the world’s leading online secure payment companies. When you place an order on our website you will be redirected to PayPal, who will then take your card details over a secure connection. You will then return to our website.

You can also pay by card over the phone, bank transfer or bespoke payment plan using GoCardless.  Please contact me for these alternative payment methods.

When paying by card, you confirm that the credit/debit card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. Your invoice address must match that of your card statement address. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

Goods will not be dispatched until your payment has been authorised by the card issuer. If your card issuer refuses to authorise payment we will not be liable for any delay or non-delivery of goods.

Please see our Privacy Policy for information about how we secure and use your personal data.

 

Ordering

 

All invoices must be paid in Pounds Sterling.  All orders are subject to acceptance by us and to product availability. You must make sure that the details you provide are true and accurate. We cannot take responsibility for problems caused if the details you provide are incorrect. You may only use your own credit or debit card when buying from The Wishing Jar.

In the unlikely event that you order goods and they are not available, we will contact you as soon as possible.  You can then choose to wait until the goods are available or cancel your order in accordance with our cancellation and returns policy. If only part of your order is out of stock we can dispatch the in stock items immediately and outstanding items will be dispatched when available at no extra cost.

We reserve the right to change the prices of our products at any time. Please check all prices before placing your order.

Sale items are excluded from any other offers and promotions.

We will send the confirmation email to the email address you give to us when you place your order. It sets out details of the products you wish to buy, the cost (including any P&P charges), your method of payment and our expected dispatch times.

You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are wrong. Once production of a personalised or bespoke product has commenced, then you will be unable to cancel or amend an order.

If your order has not been accepted, we will notify you to inform you of the reason for non-acceptance.

 

Delivery

 

We can only give approximate delivery periods based on approximate dispatch times. We endeavour to dispatch all orders within our standard timescales, but this may be longer during busy periods such as sale times or special occasions through the year.  If your order is urgent, please select the appropriate priority service, or email us wishes@thewishingjar.co.uk and we will do our best to help you. Your purchases will be sent to the address that you give in your order.

 

If your delivery address is outside of the UK, you may have to pay import taxes on the products you buy. Any such taxes are your responsibility.  You should contact your local customs office for further information.
Our delivery charges are set out in the product descriptions of our website, and are valid of UK deliveries only, they may also be subject to change without notice. It might not be possible for us to deliver to some locations.

All UK orders will be sent by Hermes Parcelnet Ltd. Please contact us for a quote for International Delivery.

 

Handcrafted items will be dispatched within 14-21 days of us receiving your useable prints.

 

Order Confirmation

 

After placing an order, you will receive a confirmation email. If you do not receive an email then please contact us at wishes@thewishingjar.co.uk. It may mean that there is an error in the email address you gave us or that the email is caught up in your spam or junk mailbox.

 

Lost or Delayed Items

 

If your items are lost or delayed, please email us at wishes@thewishingjar.co.uk including your full name and address and we will do our best to investigate this for you.

 

Postage Claims

 

If your parcel doesn’t turn up when you expect it, please contact us as soon as possible. You must contact us a maximum of 10 days after your expected delivery date in order for us to progress a claim with Hermes Parcelnet Limited.

 

Customs Information

 

We are unable to calculate and are not responsible for any customs or import duties levied when the goods arrive in your country. Delays may occur in customs which effect the delivery time quoted and this is beyond our control.

Cancellations, Returns, Refunds and Exchanges

 

We hope that your product reaches you in great condition. If you think it’s damaged or faulty, please contact us wishes@thewishingjar.co.uk and we will endeavour to resolve any issues with you.

 

If you wish to cancel your order before receiving confirmation of your order, please email us as soon as possible at wishes@thewishingjar.co.uk with “Cancellation” as the subject of your email. If we receive this email in time, we will not send the kits or products to you and will not charge you for the products that you ordered. If you wish to cancel your order after you have received a confirmation email from us, you will need to contact us to check on the progress of your order. It may be necessary for you to wait until you have received the products and then follow the Returns Policy.

 

Under the Distance Selling Regulations, you have a “cooling off period” of seven days from the day on which you receive the products. In this time, you can decide that you do not wish to keep the products. If you decide not to keep them, you must let us know by emailing wishes@thewishingjar.co.uk before the seven day period ends and then return the products to us in the same condition as they were received by you. You may be charged a re-stocking fee.

Please note that this does not apply to personalised items.

 

The Consumer Protection (Distance Selling) Regulations 2000

 

If a free gift or promotional item was enclosed as part of your purchase then this should also be returned or the retail cost of the item will be deducted from your refund.

Once you have returned the products in unused condition, we will refund the sum you paid for them within 5 working days.

Please note that items are returned at the customers’ expense and we recommend that your returns should be sent by recorded delivery, we will not take responsibility for goods which do not reach us.

Free or promotional items may be substituted for an alternative product. Returns or replacements of free or promotional products will not be accepted under any circumstances.

Our return address is The Wishing Jar, 23 The Riding, Newcastle Upon Tyne, NE3 4LQ.

You will receive your refund credit or exchange order (when in stock) within 5 working days of us receiving the goods. We endeavour to process this as quickly as possible. Your refund will exclude the original delivery charge (or cost, if the item included free delivery).

We are also unable to remake an item free of charge should it become damaged over time due to wear and tear.

 

Liability

 

You agree that if you breach these terms and conditions, or if any liability arises from the way that you use our website, you will be responsible for the cost of any damage that we suffer as a result. This may include our reasonable legal fees.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury resulting from our negligence.

Our liability to you in respect of each order you make is capped at a sum equal to the cost of the products included in that order.

We do not accept liability for any errors and/or omissions appearing on thwishingjar.co.uk. We reserve the right to change product specifications, prices and availability of our products and services at any time and without notice to you.

If an error is discovered in the price of the goods that you have ordered, we will email you as soon as possible to let you know. We are not obliged to fulfil an order for a product that was advertised at an incorrect price.  If you order a product and the price published on thewishingjar.co.uk is incorrect for any reason, we will email you to let you know that we have not accepted your order. We will tell you the correct price for the product and you may choose to buy it at the correct price.

If you have already paid for the wrongly-priced goods, we will refund the full amount within 30 days of the date of your order. If you choose to buy the product at the corrected price, we will charge this separately to your debit or credit card.

If you receive products which are not what you ordered, please contact us within 7 working days of receiving the order and we’ll do all we can to correct the problem. You may be required to return some products to us before we can resolve the problem.

We do everything we can to make sure that the product pictures we use are accurate, but as your computer and/or monitor will have its own colour settings, we are not responsible for any differences in colour between the image on wishingjar.co.uk and the product that you receive.

We work hard to ensure that the data we collected from you is stored as securely and safely as possible. However, we cannot be held responsible for any breach in our secure computer servers. For more information on privacy, please see our privacy policy.

Please check our expected dispatch dates carefully. However, we do not have any liability to you for delay in the delivery of the products that you order, whether or not the delay is beyond our control.

We do not warrant that our website will meet your requirements or will be uninterrupted, timely or error-free. We do not warrant that our website or the server that makes it available are free of viruses or bugs. We will not be responsible for any loss of content or material uploaded or transmitted through our website.

 

Participation Disclaimer

 

We do not and cannot review all communications and materials posted to or created by users accessing the site, and we are not in any manner responsible for the content of these communications and materials.  However, we reserve the right to block or remove communications or materials that we determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable.

 

Links to and from other websites

 

Links to third party websites are provided for your convenience. We are not responsible for these websites or their content or availability. If you decide to access any of the third party websites linked to our website, you do so at your own risk.

 

Privacy, Security and Cookies

 

The Wishing Jar is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website you can be assured that it will only be used in accordance with this privacy statement.

The Wishing Jar may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from May 2018.

In this Privacy policy, any mention of ‘we,’ ‘us’ and ‘I’ is in reference to The Wishing Jar and/or the owner of The Wishing Jar. Any mention of ‘You’ and ‘Your’ is in reference to You, the customer.
This Privacy Policy is to ensure, we, The Wishing Jar, meet the requirements for The EU General Protection Data Regulation (GDPR.) We have the right to change or modify this policy at any time, to be GDPR compliant. This Privacy Policy does not apply to Third Parties that I do not own or control. Please refer to individual Third Party Privacy Policies to learn how your information is used/stored.
Why we collect information about you;
To fulfil an order
To contact you regarding an order you wish to place
To send you a newsletter
To fulfil a request, such as a refund, as part of our Customer Service
To contact you to inform you if you are a winner of a competition we have ran on Facebook.

How you give consent to the information we have about you
When you place an order with us, we take it that you have consented to us contacting you via your address, email or telephone to enable us to fulfil your order.
Occasionally we will obtain your name and address via Facebook (usually using Facebook Messenger.) You would normally contact us first by either directly sending a Private Message or by commenting on our Facebook Page. This is normally done so that we can send you a prize if you are the winner of our competition or if you would like to place an order. By providing us with an address, so that an order/prize can be fulfilled, we take it as that you have consented to us using your details for such purposes.
When you give explicit consent to us sending you newsletters for marketing purposes.

How your data is stored
We use a Cloud hosting service to store your personal information.
We keep a physical of your order for TAX purposes (this would be held on file for a maximum of seven years)
We keep physical copies of Fingerprints (in the form of Fingerprint Moulds) on file for 3 years for customers to place additional orders. This is not always a guarantee. After this time, fingerprints are discarded if they are no longer required by the customer.
We keep digital copies of Handprint, Footprints and Paw-prints using a Cloud hosting service for three years, so that customers can place additional orders. This is not always a guarantee. After this time, Prints are deleted if they are no longer required by the customer.
Third Party Services outside of the EU
We use Third Party Services to access and store your information, such services are known as ‘Data Processors’ in regards to the EU General Data Protection Regulation (GDPR). The EU Data Protection Regulation states the following for companies outside the EU: “The GDPR will also apply to the processing of personal data of data subjects in the EU by a controller or processor not established in the EU, where the activities relate to: offering goods or services to EU citizens (irrespective of whether payment is required) and the monitoring of behaviour that takes place within the EU. Non-Eu businesses processing the data of EU citizens will also have to appoint a representative in the EU.” These services have their own Privacy Policies and we advise you to read through them to make sure you understand how your information is being used and stored.

These are the following Third Party Data Processors we currently use.
Wordpress – our website is hosted by wordpress to process orders and transactions made on our website. Read WordPressws Privacy Policy HERE.
Paypal: All our online transactions are made via Paypal – an online card/payment processing service. Read Paypal’s Privacy Policy HERE.
Mailchimp: We use Mailchimp – a marketing platform, for email marketing puposes. We use Mailchimp to send out our newsletters and to post Landing Pages on our website about current promotions. Mailchimp’s Privacy Policy can be read HERE.
Gmail: We correspond with our customers via email using Gmail (owned by Google). Read Google’s Privacy Policy HERE.
Icloud: Any Handprints, Footprints or Paw-prints that are sent to us are stored on icloud (owned by Apple Inc), a Cloud Service. Your Handprints, Footprints or Paw-prints are saved under your first name only. We also store photos of our products we have made for customers on Google Drive. Read Apple’s Privacy Policy HERE.
Canva: Photos of finished keepsakes are stored using Canva – a photo editing site. Only first names are visible on photos. Read Canva’s Privacy Policy HERE.
Pixlr: An online photo editing site is used to edit Handprints and Footprints for orders. No Hand or Footprints are kept on this site. It is used for online editing purposes only. Read Pixlr’s Privacy Policy HERE.
Facebook: Occasionally we will obtain your name and address via Facebook (usually using Facebook Messenger.) You would normally contact us first by either directly sending a Private Message or by commenting on our Facebook Page. Read Facebook’s Privacy Policy HERE.

Social Media
As stated in our Terms and Conditions, we use photos of the products we make, across our social media platforms, which include, Facebook, Instagram, Twitter, Pinterest and Linkedin. We never share full names of our customers unless you have given written consent to do so. First names will usually be displayed on keepsakes and will therefore be visible on photos that are shared on our social media pages.
Printed Marketing Material
As stated in our Terms and Conditions, we use photo of the products we make on printed marketing material such as Business Cards and Leaflets. First names will usually be displayed on keepsakes and will therefore be visible on photos printed for marketing purposes.

Your rights
You can, at any time, request information about the personal data we hold, how it is stored and for how long.
You can, at any time, revoke your consent to us using your personal data.
You can, at any time, request that your personal data be erased under the conditions of Article 17 “Right to erasure (Right to be forgotten.)”

How your Personal Data is shared
We take the protection of your Personal Data seriously and would never share your information with third parties other than the ones we have referenced in this Privacy Policy.
If requested by a governing body, we have the legal right to share your Personal Information to inform governing bodies of suspected fraud or actions that would be deemed illegal. We have the right to share your Personal Information with law enforcement bodies to uphold our Terms and Conditions if necessary.
How to contact us
I, Lois Hedley am the owner of The Wishing Jar and the ‘Data Controller’ (The person responsible for how the data is processed.) You can contact me by email: wishes@thewishingjar.co.uk or by requesting our correspondence address.

 

Security

 

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

How we use cookies

 

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email to wishes@thewishingjar.co.uk.  If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

 

General Terms

 

All copyright in this site is owned by The Wishing Jar and can only be re-used if we grant a licence permitting it.

If any of these Terms and Conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms and Conditions are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms and Conditions, you and we shall submit to the exclusive jurisdiction of the English courts.

 

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