HELP CENTER

@MYDERAILED PAYMENT AND SHIPPING INFORMATION

UK Shipping - 

In most circumstances, we use Royal Mail signed for delivery for all UK deliveries at a cost of £4.50. Delivery usually takes 2-7 working days, if we cannot ship your order within this timescale i.e. if there is a public holiday etc we will post this info on our website to make you aware of this before purchase. Someone will have to be available to sign for the delivery or your parcel will be taken to nearest Royal Mail Sorting Office for your collection at a later date. There is no cap on UK postage so you can buy as much as you like and we will just charge postage once. MyDerailed is currently working on next-day delivery...

International Shipping

We use Royal Mail standard international delivery which we will aim for delivery within 10 days for Europe and within 14 days for the rest of the world, but we will not accept any responsibility for non-delivery or late delivery from the Royal Mail. You will pay £12.00 postage once, there is no cap on the amount you can have shipped. We can also send your delivery signed for if you wish at an additional cost of £5.00, however, will not take responsibility if no one is there to sign for it and it gets sent back to us, in that circumstance you would have to pay for postage again.

Payment

At the moment all payments are made via PayPal and Worldpay, both are established companies which have an excellent reputation for security, reliability and professionalism amongst all UK Banks. Payment is totally secure, all of your card details will remain “safe”. Any customer information held on our computers complies with the rules and laws contained in the Data Protection Act 1984 act.

Contact Info

A considerable amount of product information is included on the site but if there is anything you do not understand, or if you want more information, please contact us via email; myvoice@myderailed.com We would love to help you before you make a purchase we want you to be 100% satisfied with your order.

None Refundable Items

Vintage items, upcycled, or custom made bespoke items are sold as seen and none refundable. With vintage items due to the nature of them being vintage there may be general wear and tear which is part of the item and the story which goes along with all vintage items so please study all vintage items before making a purchase we will be more than happy to answer any questions and provide you with extra pictures and provide you with any further information before you make a purchase. Swimwear, underwear and earrings are also none refundable for hygiene reasons. And any items that are custom made are none refundable.

Costs

UK ROYAL MAIL SIGNED FOR DELIVERY - £4.50

INTERNATIONAL STANDARD ROYAL MAIL INTERNATIONAL SHIPPING - £12.00

INTERNATIONAL SIGNED FOR ROYAL MAIL INTERNATIONAL SHIPPING - £17.00

(MYDERAILED IS CURRENTLY WORKING ON NEXT DAY DELIVERY FOR THE UK)

WE POST ALL OF OUR ITEMS IN HIGH-QUALITY WATERPROOF PACKAGING TO MAKE SURE THEY GET YOU YOU IN THE BEST CONDITION.

 


@MyDerailed Return and Refund Policy

Thanks for shopping at www.myderailed.com If you are not entirely satisfied with your purchase, we're here to help as we want you to enjoy your shopping experience with us and @myderailed highly values your custom. However, there has to be some terms and conditions with any purchase over the internet and they are listed below.

Firstly, the items being sold on this website are of the highest quality but please note all items are sold as seen due to them being vintage, upcycled or custom made, so you must inspect all pictures of item before purchasing if you need any other information about any item please feel free to contact us and we will help you before you make a purchase, you must accept some vintage items carry some wear and tear that is the nature or vintage and retro, so please make sure you are happy before purchasing as refunds will not be accepted on general wear and tear of the vintage items as they are vintage and you must accept vintage items will have natural wear and tear. Any items being returned to us must be in the original condition they were sent to you in, any clothing sent back dirty or worn will not be dealt with due to health and safety reasons, in this case, no refund will be given. Underwear, swimwear and earrings are none refundable due to health and safety reasons also.

Returns

If an item is unsuitable for you once you have received it i.e. wrong size etc you have 14 days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging with all the tags still attached. Your item needs to have the receipt. All items will be inspected and for health and safety reasons any item that has been worn will not be accepted for a return and the buyer will have to pay the postage to get the item back. You can feel free to swap the item for something else but again you will be responsible for postage costs. Please provide a contact name, number, and address, and information about the problem within your return package as this will help speed things along for your return process.

Refunds

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you of the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your original method of payment. You will receive the credit or refund within 30 days.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We suggest you send the item signed for in case of loss in the post on the way to us which we will not be responsible for.

Contact Us

Please email us to arrange a return at myvoice@myderailed.com

or write to us at 19 Glamis Road, Darlington, Co. Durham , DL13PF

or call us on 07920446381

Privacy Policy
Introduction
1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.

1.2 We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website. OR By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

Collecting personal information
2.1 We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b) information that you provide to us when registering with our website (including your email addres);

(c) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);

(d) information relating to any purchases you make of our goods (including your name, delivery address, payment address, telephone numbers and email address details);

(e) information that you post to our website for publication on the internet (including your user name, profile pictures and reviews);

(f) information contained in or relating to any communication that you send to us (including the communication content and metadata associated with the communication); and

(g) any other personal information that you choose to send to us.

2.2 Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.

Using personal information
3.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

3.2 We may use your personal information to:

(a) administer our website and business;

(b) personalise our website for you;

(c) enable your use of the services available on our website;

(d) send you goods purchased through our website;

(e) send statements, invoices and payment reminders to you, and collect payments from you;

(f) send you non-marketing commercial communications;

(g) send you email notifications that you have specifically requested;

(h) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);

(i) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

(j) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);

(k) deal with enquiries and complaints made by or about you relating to our website;

(l) keep our website secure and prevent fraud; and

(m) verify compliance with the terms and conditions governing the use of our website.

3.3 If you submit personal information for publication on our website and social media, we will publish and otherwise use that information in accordance with the licence you grant to us.

3.4 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.

3.5 All our website financial transactions are handled through our payment services provider, PayPal and Worldpay. You can review PayPal’s privacy policy on the official PayPal website and you can review Worldpay’s privacy policy on the official Worldpay website. We will share information with our payment services providers only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

Disclosing personal information
4.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

4.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

4.3 We may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

4.4 Except as provided in this policy, we will not provide your personal information to third parties.

International data transfers
5.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

5.2 Personal information that you publish on our website or submit for publication on our website or our social media may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

5.3 You expressly agree to the transfers of personal information described in this Section 5.

Retaining personal information
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

6.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3 Without prejudice to Section 6.2, we will usually delete personal data falling within the categories set out below at the date/time set out below:

(a) [personal data type] will be deleted [date/time].

[additional list items]

6.4 Notwithstanding the other provisions of this Section 6, we will retain documents (including electronic documents) containing personal data:

(a) to the extent that we are required to do so by law;

(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

Security of personal information
7.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

7.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

7.3 All electronic financial transactions entered into through our website will be protected by encryption technology.

7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

7.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

Amendments
8.1 We may update this policy from time to time by publishing a new version on our website.

8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

Your rights
9.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a) the payment of a fee (currently fixed at GBP); and

(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

9.2 We may withhold personal information that you request to the extent permitted by law.

9.3 You may instruct us at any time not to process your personal information for marketing purposes.

9.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

Third party websites
10.1 Our website includes hyperlinks to, and details of, third party websites.

10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.

Updating information
11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

About cookies
12.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

12.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

12.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

12.4 Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

Our cookies
13.1 We use [only session cookies] OR [only persistent cookies] OR [both session and persistent cookies] on our website.

13.2 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

(a) we use various cookies to recognise a computer when a user visits our website OR track users as they navigate the website OR enable the use of a shopping cart on the website OR improve the website’s usability OR administer the website OR prevent fraud and improve the security of the website OR personalise the website for each user OR target advertisements which may be of particular interest to specific users OR validate authenticated users sessions OR facilitate the use of our website search engine.

Analytics cookies
14.1 We use Google Analytics to analyse the use of our website.

14.2 Our analytics service provider generates statistical and other information about website use by means of cookies.

14.3 The analytics cookies used by our website have the following names: [_ga, _gat, __utma, __utmt, __utmb, __utmc, __utmz and __utmv].

14.4 The information generated relating to our website is used to create reports about the use of our website.

14.5 Our analytics service provider’s privacy policy is available at: [http://www.google.com/policies/privacy/].

Blocking cookies
15.1 Most browsers allow you to refuse to accept cookies; for example:

(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;

(b) in Firefox (version 47) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and

(c) in Chrome (version 52), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.

15.2 Blocking all cookies will have a negative impact upon the usability of many websites.

15.3 If you block cookies, you will not be able to use all the features on our website.

Deleting cookies
16.1 You can delete cookies already stored on your computer; for example:

(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b) in Firefox (version 47), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history” from the drop-down menu, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and

(c) in Chrome (version 52), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Cookies and other site and plug-in data” before clicking “Clear browsing data”.

16.2 Deleting cookies will have a negative impact on the usability of many websites.

Data protection registration
17.1 We are registered as a data controller with the UK Information Commissioner’s Office.

17.2 Our data protection registration number is [number].

Our details
18.1 This website is owned and operated by MyDerailed.

18.2 You can contact us:

(A) using our website contact form;

(B) by email, using the email address published on our website from time to time.

Terms and Conditions
Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

Interpretation
2.1 In these terms and conditions:

(a) “we” means My Derailed; and

(b) “you” means our customer or prospective customer,

and “us”, “our” and “your” should be construed accordingly.

Order process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3

3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4 You will have the opportunity to identify and correct input errors prior to making your order by viewing the cart or checkout page.

Products
4.1 The following types of products are or may be available on our website from time to time: Clothing and fashion accesories.

4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

Prices
5.1 Our prices are quoted on our website.

5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

Payments
6.1 You must, during the checkout process, pay the prices of the products you order.

6.2 Payments may be made by any of the permitted methods specified on our website from time to time.

6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c) an administration fee of GBP 25.00 including VAT; and

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

Deliveries
7.1 Our policies and procedures relating to the delivery of products are set out in our delivery policy document.

7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days for delivery in the UK and within 30 days for delivery wordwide following the date of the order confirmation; however, we do not guarantee delivery by this date.

7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

Distance contracts: cancellation right
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to [return address]) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us for the item/items this does not include postage costs, also except:

(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b) as otherwise provided in this Section 8.

8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9 You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a) [the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you];

(b) [the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period];

(c) [the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications];

(d) [the supply of goods which are liable to deteriorate or expire rapidly];

(e) [the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised];

(f) [the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you]; or

(g) [the supply of goods which are, according to their nature, inseparably mixed with other items after delivery].

(h) The supply of second hand, vintage or antique items as when purchasing these items you have agreed to take on pre-owned items which can come with general wear and tear already due to the nature of these items being previously owned and nothing to do with our quality or service.

Warranties and representations
9.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

9.2 We warrant to you that:

(a) we have the right to sell the products that you buy;

(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d) the products you buy will correspond to any description published on our website; and

(e) the products you buy will be of satisfactory quality.

9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a) are subject to Section 10.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:

(a) [amount]; and

(b) [the total amount paid and payable to us under the contract].

Order cancellation
11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

(b) you commit any material breach of that contract.

11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any[ material] breach of that contract.

11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

Consequences of order cancellation
12.1 If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.

Scope
13.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

Variation
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

No waivers
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

Severability
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement
19.1 Subject to Section 10.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law.

20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Statutory and regulatory disclosures
21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2 These terms and conditions are available in the English language only.

21.3 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.

Our details
22.1 This website is owned and operated by My Derailed.

22.2 We are registered in [England and Wales] 

22.3 You can contact us:

(a) using our website contact form;

(b) by email, using the email address published on our website from time to time.