Use of the Website

Welcome to the madeinthecellar.co.uk website (the “website”). By accessing this website you agree to these terms and conditions (the”Terms”). By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.

Madinthecellar.co.uk is an online service (“Madinthecellar.co.uk”/”Made in the Cellar”/”We”/”our”/”us”) provided solely for your personal use for the sale of furniture, homeware, gifts and other items (“items”).

We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.

We may update these Terms and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Terms periodically for changes.

1. To be eligible to purchase Items on this Website you must:

a) Be the holder of a valid debit/credit card.

b) Warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.

If your personal information changes then please notify us immediately by contacting us via email at [email protected]

By using this site you agree to comply with, and be bound by, these Terms.

2. Making a purchase

When you order an item from Madeinthecellar.co.uk you are offering to buy it for the price stated, subject to these Terms.

You will be guided through the process of placing an order by a series of instructions on the Website.

Once you have placed your order, you will receive an email acknowledging the exact details of your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card. This is not an order confirmation or order acceptance from Made in the Cellar.

Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in section 3b below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you.

Our acceptance of your order will be deemed complete and received by you at the time and date of sending the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.

If you require any information regarding your order(s) please contact Made in the Cellar at [email protected] during our office hours of Monday to Friday 10.00am – 5pm.

We may not accept your order if (i) an item you have ordered is out of stock, (ii) we are unable to obtain authorisation for your payment or (iii) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.

If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section 3b below.

We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we can’t supply any Item we will release the funds being held in your account for the purchase.

3. Price and Delivery

3a Orders & Delivery

Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company will contact you once your Items are in customs to let you know the cost. Be aware that this may delay your delivery time as goods held at customs will be your responsibility to pay the necessary charges for local authorities to release the goods.

Delivery charges vary according to the type of goods ordered.

Our delivery charges are available on our Delivery & Returns page.

You will be required to pay extra for overseas delivery and it may not be possible for us to deliver to some locations.

We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions. We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. In any event, we will aim to deliver your goods within 30 days from the day after we receive your order.

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

Please order from madeinthecellar.co.uk with enough lead-time to prevent any loss or disappointment resulting from the delivery time as madeinthecellar.co.uk cannot be responsible for this.

If we are unable to deliver your order within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.

All new orders are deemed separate and each is treated individually.

3b Returns

Madeinthecellar.co.uk is confident that you will be happy with your purchase(s). However in the event that you are not completely satisfied with your order we will be happy to offer you a full refund (excluding postage) for the value of the product within 14 days of placing your order. In order to do so the item(s) must be in new, unworn condition with all packaging and garment tags still attached. We cannot accept any used items; such items will be directly returned to the purchaser.

We will not refund or accept returns or exchanges of earrings due to hygiene reasons.

– We will not refund or accept returns or exchanges on all sale items.

We are unable to accept returns or exchanges of personalised products or that have been modified to your specification. This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.

To return your item please include a cover letter stating name, address and order number to:

Made in the Cellar
Bruce Works

49 Mowbray Street

Sheffield

S3 8EN

Items must be returned via a recorded courier service such as DHL or Royal Mail recorded delivery. Please note all returns must be sent via recorded signed for delivery, madeinthecellar.co.uk can take no responsibility for returned items until signed for by madeinthecellar.co.uk.

Unsuitable items will only be refunded when returned within 14 days of receipt. Returns received after the 14 day time frame will only be accepted at the discretion of madeinthecellar.co.uk

All correctly returned items will only be credited to the account from which the original purchase was made, less any taxes or import duties incurred in delivery.

We advise that all customers check items thoroughly on receipt of goods, prior to removing and disposing of labels and original packaging. If you have any queries or would like to discuss the returns procedure with a member of our team please do not hesitate to contact us on the following details:

Returns Department Contacts:

[email protected]

4. Cancellation rights

Under the Consumer Protection (Distance Selling) Regulations 2000 you have the legal right to cancel your order up to seven working days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us in writing or in any other durable medium if you wish to cancel your contract.

You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order.)

If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

Once you have notified us that you are cancelling your contract, any sum debited by us from your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of cancellation.

Cancellation by us

We reserve the right not to process your order if:

We have insufficient stock to deliver the goods you have ordered;

We do not deliver to your area; or

One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 30 days.

5. Passing of property and risk

We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you.

Risk in the Items will pass to you on delivery to you.

6. Refunds

Madeinthecellar.co.uk wants to ensure your complete satisfaction with the Items. For online purchases, we will accept Items not worn, used or damaged for a full refund as set out above.

7. Contacting Us

If you would like some help when ordering, have a query about your order or to provide us with feedback on our service, please email us at [email protected]

8. Copyright and Trade Marks

All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of madeinthecellar.co.uk, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.

The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of madeinthecellar.co.uk, our affiliates, our licensors or our partners, in the UK and other countries, and are protected by UK and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Except as set forth in the limited licence in the section entitled “Limited Licence” below, or as required under applicable law, neither the Content, the Trade Marks, designs nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

9. Limited Licence

We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.

The limited licence set forth in this section does not include the right to:

a) modify or download the Website or its contents (except caching or as necessary to view content);

b) make any use of the Website or it’s Content other than personal use;

c) create any derivative work based upon either the Website, designs shown, or its Content;

d) collect account information for the benefit of another party;

e) use any meta tags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or

f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may.

a) link to, but not replicate, our Content;

b) not imply that we are endorsing such website or its services or products;

c) not misrepresent its relationship with us;

d) not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;

e) not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;

f) not use any Trade Mark without our prior written consent; and

g) not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.

10. Third Party Links

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms. You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.

11. Representations and Warranties: Limitations of liability 

We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any

a. interruption of business;

b. access delays or access interruptions to the Website;

c. data non-delivery, mis-delivery, corruption, destruction or other modification;

d. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;

e. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;

f. any inaccuracies, omissions or misleading, false or deceptive statement in the content; or

g. events beyond our reasonable control.

Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.

12. Disputes

Any purchase or refund made on this website will be subject to English Law and you shall agree to the exclusive jurisdiction of the English courts.

13. General

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Items from madeinthecellar.co.uk and supersede and govern all prior proposals, agreements, or other communications.

If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by madeinthecellar.co.uk shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.

No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.

We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

If you have any questions regarding these Terms, please contact us by email at [email protected]

14. Governing Law

Your use of this Website and any purchase by you of any Item from Made in the Cellar shall be governed by English law and you hereto submit to the exclusive jurisdiction of the English courts.

15. Privacy policy

madeinthecellar.co.uk takes a great deal of care in ensuring that information which is obtained about you is treated appropriately and in accordance with the Data Protection Act 1998 (‘the Act’). We will not sell your personal information to any third parties.

We use the information that we collect about you to:

a) Process your order quickly and efficiently.

b) In order to enable the goods to be delivered to you we have to pass on your address to our third party couriers. If it is in our possession we will also pass on details of your telephone number in order to allow our couriers to contact you directly in the event of a query regarding delivery.

c) Contact you regarding forthcoming offers by email only.

We will not telephone you unless the telephone call relates to a particular order that you have made. Credit card and debit card details are checked and verified by a third party and goods are only dispatched once authorisation has been obtained.

If you would like to see a copy of the personal data that madeinthecellar.co.uk hold on you then please write to.

Made in the Cellar
49 Mowbray Street,
Bruce Works,
Sheffield,
S3 8EN

For the attention of the Data Protection Manager. There is a £5 fee for this service to cover our administration costs

16. Cookies

We collect information directly from you in a number of ways. One way is through our use of ‘cookies’. Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website. They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site. Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you. This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.

Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.

Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.

The rules about cookies on websites have recently changed. If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer. You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work. This is because some of the cookies we use are essential for parts of our website to operate. Likewise, you may not be able to use some products and services on other websites without cookies.

To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, or post. Feel free to e-mail us at madeinthecellar.co.uk.

17. Security

We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.

18. Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.

19. Safety and Security Tip

If using a public computer or terminal, always log out and close the browser when you complete an online session.

Keep your passwords private. Remember, anybody who knows your password may access your account.

When creating a password, a combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal information that can be easily obtained. It is also recommended that you frequently change your password.

Avoid using the same password for multiple online accounts.

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