terms and conditions of sale

TERMS AND CONDITIONS OF SALE

Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We
are Lavender and Blue whose trading name is Matly Products a company registered in England and
Wales under number 11139276 whose registered office is at 14 Sherwood Glen, Sheffield, South
Yorkshire, S7 2RB with email contact available through the website: www.matlylife.com
(the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be
bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these
Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter
into a contract and are at least 18 years old.

Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade,
business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as
set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed
personally to the recipient, enables the recipient to store the information in a way accessible for future
reference for a period that is long enough for the purposes of the information, and allows the unchanged
reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as
set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by
step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal
information received from you via the Website;
10. Website means our website www.matlylife.com on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of
advertisement. Any description is for illustrative purposes only and there may be small discrepancies in
the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any
information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety
requirement. We will notify you of these changes.

Personal information
15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post
and you expressly agree to this.

Basis of Sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods.
When an Order has been submitted on the Website, we can reject it for any reason, although we will try to
tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors
before submitting the Order. It is your responsibility to check that you have used the ordering process
correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us
confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete
and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the
Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by
means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order
Confirmation within a reasonable time after making the Contract, but in any event not later than the
delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it
at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made
after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a
Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract
with terms which are more appropriate for you and which might, in some respects, be better for you, e.g.
by giving you rights as a business.

Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at
the date of the Order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.

25. You must pay by submitting your credit or debit card details with your Order and we can take
payment immediately or otherwise before delivery of the Goods.

Delivery
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing
any agreement, without undue delay and, in any event, not more than 30 days after the day on which the
Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can
(in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the
relevant circumstances at the time the Contract was made, or you said to us before the Contract was
made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the
circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all
payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from
cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we
will (in addition to other remedies) without delay return all payments made under the Contract for any
such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow
us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would
materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order
for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. If, we accept an Order for delivery outside England and Wales, Scotland, Northern Ireland, the Isle of
Man and Channels Islands, you may need to pay and handle import duties or other taxes, as we will not
pay them.
32. You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine
and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fails, through no fault of ours, to take delivery of the Goods at the Delivery
Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection.
You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step
occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use
the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and cancellation

37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change
your mind and without giving us a reason, and without incurring any liability.
38. You can cancel the Contract except for any Goods which are made to your special requirements
(the Returns Right) by telling us no later than 28 calendar days from the day the Contract was entered
into, if you simply wish to change your mind and without giving us a reason, and without liability, except
in that case, you must return to any of our business premises the Goods in undamaged condition at your
own expense. Then we must without delay refund to you the price for those Goods which have been paid
for in advance, but we can retain any separate delivery charge. This does not affect your rights when the
reason for the cancellation is any defective Goods. This Returns Right is different and separate from the
Cancellation Rights below.
39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation
Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following
goods (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which
are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.
40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature)
with other items after delivery.

Right to cancel
41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without
giving any reason.
43. The cancellation period will expire after 14 days from the day on which you acquire, or a third party,
other than the carrier indicated by you, acquires physical possession of the last of the Goods
44. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear
statement setting out your decision (eg a letter sent by post or email). In any event, you must be able to
show clear evidence of when the cancellation was made, so you may decide to use a model cancellation
form.
44. You can also electronically fill in and submit the model cancellation form or any other clear statement
of the Customer's decision to cancel the Contract on our website www.matlylife.com. If you use this
option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable
Medium (eg by email) without delay.
45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your
exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period
46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received
from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of
delivery other than the least expensive type of standard delivery offered by us). If an item has already
been dispatched, delivery will not be refunded.

Deduction for Goods supplied
47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss
is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to

establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling
that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that
deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement
48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and
not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement
without undue delay, and not later than 14 days after the day on which we are informed about your
decision to cancel this Contract.
50. We will make the reimbursement using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a
result of the reimbursement.

Returning Goods
51. If you have received Goods in connection with the Contract which you have cancelled, you must send
back the Goods to 14 Sherwood Glen, Sheffield, South Yorkshire, S7 2RB without delay and in any
event not later than 14 days from the day on which you communicate to us your cancellation of this
Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You
agree that you will have to bear the cost of returning the Goods.
52. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised
distance sales or service-provision scheme without the simultaneous physical presence of the trader
and the consumer, with the exclusive use of one or more means of distance communication up to and
including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of
goods to a consumer and the consumer pays or agrees to pay the price, including any contract that
has both goods and services as its object.

Conformity and Guarantee
53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have
conformed if it does not meet the following obligation.
54. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract
is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely,
on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
55. It is not a failure to conform if the failure has its origin in your materials.
56. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by
the manufacturer of the Goods. Details of the guarantee, including the name and address of the
manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's

guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered,
and will not reduce your legal rights.

Successors and our sub-contractors
57. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the
other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors
who it chooses to help perform its duties.

Circumstances beyond the control of either party
58. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act
reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but
this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Privacy
59. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection
Regulation with regard to your personal information.
60. These Terms and Conditions should be read alongside, and are in addition to our policies, including
our privacy policy
61. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data,
including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
62. We are a Data Controller of the Personal Data we Process in providing Goods to you.
63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal
Data in the course of providing the Goods to you, we will comply with our obligations imposed by the
Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information
is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
64. For any enquiries or complaints regarding data privacy, you can contact our Data Protection
Officer through our website / by post.

Excluding liability

65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or
personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this,
the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when
the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession
which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying
the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints
66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
67. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the
Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
68. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs
customers should contact us to find a solution. We will aim to respond with an appropriate solution within
5 days.