1. These terms
1.1 What these terms cover. These are the terms and conditions on which you may purchase products from Vendors via the 10 Curates website (the “Website”).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how products will be provided to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Zac Publishing Limited (trading as 10 Magazine or 10 Curates). We are a company in England and Wales. Our company registration number is 04192161 and our registered office is at 1 Vincent Square, London, SW1P 2PN. References to “We” in these terms and conditions may include references to us alone or to us and the Vendor together.
2.2 Who the Vendors are. The Vendors are the individuals and companies supplying the products listed on the Website. When you purchase products from the Website you will be purchasing products directly from the Vendors, not from us. Therefore, your contract will be with them. Whilst we have made all reasonable efforts to carefully choose the Vendors, we offer no guarantees or accept any liability for them or the products they supply. Each Vendor’s details are included on the Website.
2.3 How to contact us. You can contact us by telephoning our customer service team at +44 (0) 207 434 0042, Monday – Friday 9am-6pm, or by writing to us at firstname.lastname@example.org or 10 Curates, 10 Magazine, 3 Lower John Street, London, W1F 9DX.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. How a contract is formed
3.1 We are an intermediary. We act as an intermediary between you and the Vendors listed on the Website
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and the Vendor.
3.3 If we cannot accept your order. If the Vendor is unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on their resources which could not reasonably be planned for, because we have identified an error in the price or description of the product or because they are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when your order is accepted. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your measurements and specifications are accurate. If we are making the product to measurements or specifications you have given us, you are responsible for ensuring that they are correct. Please contact us if you are in any doubt about how the measurements or specifications should be taken.
5. Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the change cannot be made, or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. The Vendor may change the product to reflect changes in relevant laws and regulatory requirements.
6.2 More significant changes to the products and these terms. If the Vendor needs to make more significant changes to the products we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs and arrangements. The costs of delivery and any special arrangements regarding delivery will be as displayed to you on the Website.
7.2 When we will provide the products. During the order process we will provide an anticipated delivery date, but final delivery times will be determined by the carrier delivering the products. Unavoidable delays may be incurred due to, for example, customs checks.
7.3 We are not responsible for delays outside our control. If the supply of products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will need to liaise with the carrier to arrange an alternative delivery time or to collect the products from their depot.
7.5 When you become responsible for the goods. Products will be your responsibility from the time a carrier collects it from us or the Vendor.
7.6 When you own goods. You own a product once we have received payment in full.
7.7 What will happen if you do not give required information to us. We may need certain information from you so that the Vendor can supply the products to you. If so, this will have been stated in the description of the products on the Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.8 Reasons the Vendor may suspend the supply of products to you. The Vendor may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified to you (see clause 6).
7.9 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
7.10 Print on demand. Some products, for example art prints, may be printed on demand by us and supplied by us, rather than by the Vendor.
8. Your rights to end the contract
8.1 YOUR ATTENTION IS SPECIFICALLY DRAWN TO CLAUSE 9.9 BELOW REGARDING THE RETURN OF PRODUCTS.
8.2 You can always end your contract with the Vendor. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how the Vendor is performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired, replaced or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something the Vendor has done or has told you they are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.3 Ending the contract because of something the Vendor has done or is going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed beyond the time scales we have anticipated because of events outside our or the Vendor’s control;
(d) the Vendor has suspended supply of the products for technical reasons, or notifies you they are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
(e) you have a legal right to end the contract because of something the Vendor has done wrong.
8.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products that are made to your specification, printed or made to your demand, or are clearly personalised;
(b) products that are liable to deteriorate or expire rapidly;
(c) products purchased where the payment to be made is less than £42;
(d) any products which become mixed inseparably with other items after their delivery; and
(e) if a Vendor specifically says they are non-returnable in their description on the Website.
For the avoidance of doubt, art prints are printed to order and cannot be returned.
8.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
9. How to end the contract
9.1 Tell us you want to end the contract. To end the contract, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44 (0)207 434 0042, Monday – Friday 9am-6pm or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us at 10 Curates, 10 Magazine, 3 Lower John Street, London, W1F 9DX and include details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us at the address we specify, by the method we specify and ensure they are fully protected and insured during the return process. You shall also be responsible for any import/export duties that need to be paid. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances, you must pay the costs of return including all associated costs such as insurance and any export / import duties.
9.4 What we charge for collection. If you are responsible for the costs of return and we or the Vendor is collecting the product from you, we will charge you the total cost collection and all associated costs.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible.
9.8 Important terms regarding import duties. If you have paid import duties or any similar taxes or duties and wish to return the products, it is your responsibility for reclaiming these if you return the products. If we incur any import or similar duties when accepting the products being returned to us, we shall be entitled to deduct such sums from any amounts to be refunded to you.
9.9 IMPORTANT POINTS REGARDING THE RETURN OF PRODUCTS.
(a) The products sold via the Website are often rare and can be very valuable or unique. They may have a limited market and therefore we are at risk of lost sales if you purchase a product and subsequently change your mind and return it. If you do, and we lose a sale because of this we reserve the right to deduct the cost of the lost sale from any refund we are due to make to you. This may mean that you are not entitled to any refund.
(b) Products may be extremely delicate or require special care during transit. Therefore, prior to returning any products you must contact us to find out if there are any special care or other precautions that must be taken. This may include specific instructions about how the product is to be packed prior to transit. A failure to follow these instructions or take these precautions will likely result in damage to the products and a subsequent reduction in the amount refunded to you.
10. Our / the Vendor’s rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us/ the Vendor if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we or the Vendor will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)207 434 0042 or write to us at firstname.lastname@example.org or 10 Curates, 10 Magazine, 3 Lower John Street, London, W1F 9DX.
11.2 Summary of your legal rights. The Vendor is under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products because of a fault or defect with them you must return them strictly in accordance with our instructions. Please call customer services on +44 (0)207 434 0042 or email us at email@example.com for full details.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards and AMEX. We will not charge your debit or credit card until the order fulfilment is confirmed.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. Responsibility for loss or damage suffered by you
13.1 Neither we nor the Vendor is responsible to you for foreseeable loss and damage caused by them. If the Vendor fails to comply with these terms, they are responsible for loss or damage you suffer that is a foreseeable result of them breaking this contract or their failing to use reasonable care and skill, but neither they nor us are responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Vendor and you knew it might happen, for example, if you discussed it with us or the Vendor during the sales process.
13.2 Neither we nor the Vendor excludes or limits in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our or the Vendor’s negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
13.3 Neither we not the Vendor are liable for business losses. The products are supplied for domestic and private use. If you use the products for any commercial, business or re-sale purpose neither we nor the Vendor will have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we will use your personal information. We will pass any personal information collected by us to the Vendor so that they we or they may:
(a) supply the products to you;
(b) process your payment for the products; and
(c) give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer a guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer a guarantee provided by a Vendor to a person who has acquired the product. The Vendor may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you, us and the Vendor. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of a guarantee. None of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we or the Vendor delay in enforcing this contract, we can still enforce it later. If we or the Vendor do not insist immediately that you do anything you are required to do under these terms, or if we or the Vendor delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us or the Vendor taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.