Terms of service
TERMS & CONDITIONS OF SUPPLY
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING YOUR PURCHASE.
You can find everything you need to know about us, **Bagamuffin Limited** (trading as **Minnessak**), and our products, on our website before you order. We also confirm the key information to you in writing after you order, either by email or in your online account.
When you buy from us you are agreeing to the following terms:
- Order acceptance and formation of contract
- Price and payment
- Orders for delivery outside the UK and import duties
- Handmade nature and product variations
- Production time and delivery
- We're not responsible for delays outside our control
- Care instructions
- Returns
- Faulty products
- Changes to our products
- Suspension, withdrawal and our right to terminate
- Our limitations of liability
- Use of personal data
- Resolving complaints and disputes
- Governing law and jurisdiction
- Other important terms
Agreed Terms
1. Order acceptance and formation of contract
We contact you to confirm we've received your order and then we contact you again (normally within 24 hours) to confirm we've accepted it. A legally binding contract will only be formed between us when we send you the **order confirmation**.
Sometimes we reject orders, for example, because we have withdrawn the product from sale, or you are located outside our delivery areas (as stated on our website) or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
2. Price and payment
The price of the products will be as quoted on our website at the time you submit your order. For customers who order products for delivery in the UK, the price quoted on our website **includes any applicable VAT**.
Payment must be made in full at the time of placing your order.
Payments are processed via a third-party payment processor, the details of which will be provided at the time of order. You should read and ensure you are satisfied with the payment processor’s own terms and conditions before proceeding. We do not retain or store your payment card details.
3. Orders for delivery outside the UK and import duties
If you order products for delivery outside the United Kingdom, your order may be subject, on delivery, to **import duties, taxes and/or other charges** which are applied by customs or other authorities in the destination country. You will be responsible for payment of any such import duties, taxes and charges. We have no control over these charges and cannot predict their amount.
If you fail to pay any import duties, taxes or charges and this results in the goods being returned to us, we reserve the right to deduct from your refund any reasonable costs we incur as a result, including the cost of shipping and any return fees.
If you are unsure about the import duties and requirements that may apply, please contact your local customs office for further information before placing your order.
You are responsible for ensuring that the products you order comply with all applicable laws and regulations of the country for which they are destined. We will not be liable for any breach by you of any such laws.
4. Handmade nature and product variations
Each bag we sell is **handmade to order using repurposed materials**. As a result, each bag is unique and may naturally vary in colour, pattern, texture, size, and finish from the images shown on our website or in other promotional materials. These variations are to be expected as part of the crafting process and **do not constitute faults or defects**.
Product images and descriptions on our website are for illustrative purposes only. While we endeavour to depict products as accurately as possible, we cannot guarantee that your bag will exactly match any image or description. Small variations are inherent to handmade, repurposed items.
5. Production time and delivery
Each bag is made to order and individually handcrafted. Please be aware that, due to the made-to-order nature of our products, delivery will take approximately **three (3) weeks from the date of your order confirmation**. We will keep you informed whilst your bag is being made and notify you when your bag has been dispatched.
We make every effort to meet this delivery timeframe, but on occasion, factors outside our control (such as supply chain or postal delays) may affect delivery times. If this occurs, we will contact you as soon as reasonably possible to keep you informed and to provide an updated delivery estimate.
6. We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team, on **hello@minnessak.com** to end your contract with us and receive a refund for any products you have paid for, but not received.
7. Care instructions
Due to the nature of the materials used for our products, and the handmade process, we recommend following the **care instructions** provided with each bag to maintain its quality. General wear, variations, or changes arising from normal use and the inherent properties of repurposed materials do not constitute faults.
8. Returns
a) Your legal right as a consumer to change your mind.
If you are a consumer based in the United Kingdom or the European Union and have bought our products online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. If you want to exercise this right to change your mind, you must let us know no later than **fourteen (14) days** after the day we deliver it. For more information on how to exercise your right of return and our returns policy, please see **our Returns and Refunds Policy**.
b) Our goodwill guarantee.
In addition, we offer all our customers a **goodwill guarantee**, which is more generous than your legal rights in the ways set out below. This goodwill guarantee does not affect your legal rights if there is something wrong with your product (for more on those rights see the section “Faulty products”).
| Your Legal Rights | How Our Goodwill Guarantee Is More Generous |
|---|---|
| Available to consumers based in the United Kingdom or the European Union who have bought our products online. | Available to **all consumers**. |
| 14 days to change your mind, online sales only. | 14 days to change your mind, **however you bought the product**. |
| If you are a consumer based in the UK or the EU, we pay the costs of return. For all other consumers, you pay the costs of return. | If you are a consumer based in the UK or the EU, we pay the costs of return. For all other consumers, you pay the costs of return. |
If you want to return your purchase to us under our goodwill guarantee, you must let us know no later than **fourteen (14) days** after the day we deliver it. For more information on how to exercise your right of return and our returns policy, please see **our Returns and Refunds Policy**.
9. Faulty products
If you think there is something wrong with your product, please contact us in accordance with **our Returns and Refunds Policy** and we can try to resolve the issue.
Please note, variations in colour, pattern, texture, size, and finish inherent to handmade repurposed items **do not constitute faults**.
10. Changes to our products
Occasionally we may need to make changes to our products:
- to reflect changes in relevant laws and regulatory requirements; and/or
- to make minor technical adjustments and improvements. These are changes that don't affect your use of the product.
If we need to make any significant changes to the design, materials, or features of your bag after you have placed your order—beyond those minor variations that are inherent in our handmade, repurposed products—we will notify you in advance. If you do not agree to the proposed change, you may contact our Customer Service Team at **hello@minnessak.com** to end the contract before the change takes effect. In those circumstances, we will provide a full refund for any bag you have paid for but not yet received.
This section does not limit the natural variations in colour, pattern, texture, size, and finish which are expected and inherent in all our products.
11. Suspension, withdrawal and our right to terminate
a) Suspension of supply
We may need to suspend the supply of a product to:
- address technical problems or to make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- implement changes to the product (see "Changes to our products" above).
Unless the issue is urgent or an emergency, we will contact you in advance to let you know we are suspending supply. If suspension continues for more than **fourteen (14) days** after the estimated delivery date, you may contact our Customer Service Team at **hello@minnessak.com** to end the contract and receive a refund for any products you have paid for but not received.
b) Withdrawal of products
We may withdraw a product from sale for any reason. If you have already placed an order for a product that is subsequently withdrawn, we will let you know as soon as possible and refund you any sums paid for products you will not receive.
c) Our right to terminate
We may end our contract with you for a product and seek compensation if:
- your payment is not authorised or fails at the point of order, or if we subsequently identify that payment was not received due to a chargeback, reversal, or error with your method of payment;
- you do not, within a reasonable time, provide any information, instructions, or cooperation necessary for us to supply your bag (for example, your accurate delivery address or any other required details); and/or
- you do not, within a reasonable time, allow us to deliver the bag to you or collect it from us (if you have selected click and collect, and do not collect within fourteen (14) days, we may cancel your order and refund you, less any reasonable costs we incur).
12. Our limitations of liability
We're not responsible for losses you suffer caused by us breaking this contract if the loss is:
- **Unexpected**. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
- **Caused by a delaying event outside our control**. As long as we have taken the steps set out in the section "We're not responsible for delays outside our control"; or
- **Avoidable**. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
To the extent that you use a product for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to **what you paid for the product** and all claims for loss of profit or indirect or consequential loss are wholly excluded.
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.
13. Use of personal data
How we use any personal data you give us is set out in our **Privacy Policy**.
14. Resolving complaints and disputes
Our Customer Service Team is committed to resolving any issues you may have with your experience or with our products. Please contact us in the first instance so that we may address your concerns promptly.
If we are unable to resolve your complaint to your satisfaction, you may wish to consider **alternative dispute resolution (“ADR”)**, which is a process where an independent body considers the facts and seeks to resolve the dispute without you having to go to court.
- If you are a **UK consumer**, you can submit a complaint to **Retail ADR** via their website at https://www.retailadr.org.uk/ . This service is free of charge for consumers.
- If you are an **EU consumer**, the European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/ . This service is free of charge for consumers. Our email address is **hello@minnessak.com**.
If you are resident outside the UK or EU, local laws may also confer rights or remedies.
If you are not satisfied with the outcome of the ADR, you remain entitled to bring court proceedings.
15. Governing law and jurisdiction
These terms and any dispute or claim arising out of or in connection with them are governed by **English law**.
If you are a consumer resident in the United Kingdom, you may bring legal proceedings against us in the English courts or, if you live in Wales, Scotland or Northern Ireland, in the courts of your home country.
If you are a consumer resident outside the United Kingdom, you may also be entitled to bring proceedings in the courts of your country of residence, in accordance with applicable local laws.
We reserve the right to bring proceedings against you in your country of residence.
Nothing in these terms affects your statutory rights as a consumer under the laws of your country of residence.
16. Other important terms
- **We can transfer our contract**. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
- **Your rights to transfer this contract**. You can only transfer your contract with us to someone else if we agree to this. However, you can transfer our guarantee (as explained in "Our goodwill guarantee") to a new owner of the product. We can require the new owner to prove you transferred the product to them.
- **Third-party rights**. Nobody else has any rights under this contract. This contract is between you and us (other than someone you gave a product to as a present). Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
- **Severability**. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
- **Delay in enforcement**. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
