Terms & Conditions
This website ("Site") is operated by Wowcher Limited t/a Cascabelle (“Cascabelle”, "we", "our" or "us"). We are registered in England and Wales under company number 4264984 and have our registered office at Wowcher Towers, 12-27 Swan Yard, London N1 1SD. Our VAT number is GB 277 523 479
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before ordering on the Site. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. You should understand that by placing an order on the Site, you agree to be bound by these terms and conditions.
2. Your Status
2.1 By placing an order through the Site, you warrant that:
2.1.1 you are legally capable of entering into binding contracts;
2.1.2 you are resident in the UK and are accessing the Site in the UK; and
2.1.3 you are at least 18 years old.
3. How the Contract is Formed Between You and Us
3.1 After placing your order for goods you may receive an email receipt from us or our payment processor confirming that we have received your order (“Order Receipt”). Please note that receipt of this email does not mean that your order has been accepted even if we may have processed your payment as your order constitutes an offer to us to buy goods. The contract between us will only be formed when we send an email to you confirming acceptance of the order (the “Contract”).
3.2 If we are unable to accept your order, we will inform you of this by email and will not charge you for the goods. This might be for a number of reasons including (but not limited to) because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because our payment processor identifies a problem with your payment card or a credit reference we have obtained for you does not meet our minimum requirements, or because we have identified an error in the price or description of the goods.
3.3 Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK. For more information about where we deliver to, please see clause 5.2.
4. Cancellations and Refunds
4.1 Subject to clause 4.5 below, you have a legal right to change your mind and cancel your Contract at any time up to 14 days from the day after the day you receive the goods. In this case, you will receive a full refund of the price paid for the goods including, subject to clause 4.2, any postage costs that you paid when placing your order. Any refund will be made within 14 days of receipt by us of the goods, or (if earlier) the day on which you supply us with evidence of having sent the goods back and by the same method originally used by you to pay for your goods unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
4.2 The maximum refund for postage costs will be the costs of postage by the least expensive delivery method that we offer. For example, if we offer delivery of goods within 5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
4.3 To exercise the right to cancel a Contract in accordance with clause 4.1, you must inform us in writing by using the below model cancellation form or you may email us at cascabelle@wowcher.co.uk. You must also return the goods to us to the address set out in the Returns Information included in your delivery, in the same condition in which you received them: you must send off the returned goods within 14 days of telling us you wish to end the Contract.
4.4 Returns to us are at your own cost and risk and we will not pay for any returns postage. You have a legal obligation to take reasonable care of any goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Where goods are not suitable for posting, we will arrange for them to be collected and you will have to bear the direct cost for returning the goods. The cost is estimated at a maximum of approximately £15 for small to medium sized items and £45 for large items.
4.5 You will not have any right to cancel a Contract where the goods:
4.5.1 have been used; or
4.5.2 are audio or video recordings, video games or software and you have installed it or taken it out of the sealed packet in which it was delivered to you; or
4.5.3 has been made or customized specifically for you; or
4.5.4 are products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
4.5.5 become mixed inseparably with other items after their delivery; or
4.5.6 are by their nature of limited lifespan, such as flowers, fresh food and perishable goods.
4.6. Model cancellation form:
To: Cascabelle, Wowcher Limited, Wowcher Towers, 12-27 Swan Yard, London, N1 1SD:
I hereby give notice that I cancel my/our contract of sale of the Voucher for the following goods[*]/for the supply of the following service[*],
Ordered on [*] /received on [*]
Names of consumer,
Address of consumer,
Date
[*] Delete as appropriate
5. Availability and Delivery
5.1 Your order will be fulfilled by the delivery date set out on your Order Receipt or, if no delivery date is specified, then within 30 days of the date of the Contract, unless there are exceptional circumstances. We will contact you with tracking for your order when we dispatch your goods.
5.2 Please note that goods will be sent to the delivery address supplied at checkout. Unless otherwise stated on the Site, delivery of goods will only be made to addresses in the United Kingdom mainland.
5.3 If no one is available at your address to take delivery and the goods cannot be posted through your letterbox; left at a reception desk, or otherwise left in accordance with any reasonable delivery instructions, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5.4 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 11.1 will apply.
5.5 We are not responsible for delays outside our control. If our supply of the goods 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. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any goods you have paid for but not received.
6. Risk
6.1 Goods will be at your risk from the time of delivery. This means that goods will be your responsibility from the time we deliver the product to the address you gave us.
7. Faulty Goods
7.1 We are under a legal duty to supply goods that are in conformity with the Contract. If you discover a fault with any goods please let us know promptly following delivery by emailing us at cascabelle@wowcher.co.uk.
7.2 We will normally offer a repair, exchange or refund of faulty goods. In all cases, we reserve the right to inspect the goods and verify the fault.
7.3 We will pay for the costs of returning any goods that are faulty.
7.4 For detailed information please visit the Citizens Advice website www.adviceguide.org.uk.
8. Price and Delivery Charges
8.1 The price of any goods and any applicable postage charges will be as quoted on the Site from time to time (inclusive of VAT (if applicable)), except in cases of obvious error as set out in clause 8.2 below.
8.2 It is always possible that, despite our best efforts, some of the goods listed on the Site may be incorrectly priced. We are under no obligation to issue any goods to you at the incorrect (lower) price if the pricing error was obvious and unmistakable and could have reasonably been recognised by you as a mispricing. In these instances, you will receive a full refund of the price paid for the goods.
9. Information about us and how to contact us
9.1 How to contact us. If you need help with an order, have got a question about any goods on the Site or wish to make a complaint, you can contact us by emailing cascabelle@wowcher.co.uk. We aim to provide an initial response to all questions and complaints within 72 hours.
9.2 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.
9.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
10. Our goods
10.1 Goods may vary slightly from their pictures. The images of the goods on the Site 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 goods. Your goods may vary slightly from those images.
10.2 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.
11. Our rights to end the Contract
11.1 We may end the Contract for a goods at any time by writing to you if:
11.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, photo identification evidencing your age if you are buying an age restricted product; or
11.1.2 you do not, within a reasonable time, allow us to deliver the goods to you; or
11.2.3 we believe that changes in relevant laws and regulatory requirements mean that we can no longer provide such goods to you.
12. Our responsibility for loss or damage suffered by you
12.1 Subject to clause 12.2 below, our liability for losses you suffer as a result of us breaking these terms and conditions is strictly limited to the purchase price of the goods you purchased
12.2 This clause 12 does not include or limit in any way our liability:
12.2.1 for death or personal injury caused by our negligence;
12.2.2 under section 2(3) of the Consumer Protection Act 1987;
12.2.3 for fraud or fraudulent misrepresentation; or
12.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.3 Subject to clause 12.2, and to the maximum permissible extent under applicable law:
12.3.1 we will only be liable for foreseeable loss and damage caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen; and
12.3.2 we will not be liable for losses that result from our failure to comply with these terms where such losses fall into one or more of the following categories even if such losses result from our deliberate breach:
12.3.2.1 loss of income or revenue;
12.3.2.2 loss of business;
12.3.2.3 loss of profits;
12.3.2.4 loss of anticipated savings;
12.3.2.5 loss of data;
12.3.2.6 waste of time (including but not limited to management or office time); or
12.3.2.7 indirect, special or consequential loss.
13. How we may use your personal information
13.1 When you place an order through the Site, you agree that we can use and process your personal information in accordance with our Privacy Policy.
14. Other important terms
14.1 Nobody else has any rights under this Contract: This Contract is between you and us. No other person shall have any rights to enforce any of its terms and you need our consent to transfer your rights to someone else.
14.2 Even if we delay in enforcing this Contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we 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 taking steps against you at a later date.
14.3 Written Communications: Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14.4 Events Outside Our Control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
14.5 Bugs: The Site relies in part on software to work. Software has bugs. Whilst we monitor the Site and try to fix bugs promptly, we do not guarantee that the Site will be error free, available all the time and/or free from viruses.
14.6 Waiver: If we fail, at any time to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14.7 Severability: If any provision of these terms or any Contract is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining terms and conditions or from the remaining provisions of any such contract which will continue to be valid to the fullest extent permitted by law.
14.8 Entire Agreement: These terms and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.9 Dispute Resolution: If you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution
14.10 Law and Jurisdiction: These terms are governed by English law. Any dispute arising from, or related to these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.