TERMS AND CONDITIONS
In this agreement:
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Extra Work” means all of the work we do and materials we buy to prepare or produce Specified Goods.
“Goods” means any of the goods we offer for sale on our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.
“Intellectual Property” means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, Know-how, together with all rights which are derived from those rights.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly;
Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.
2.1 A reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.2 A reference to a person includes a human individual, a corporate entity and any organization which is managed or controlled as a unit.
2.3 The headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
2.4 In the context of permission, “may not” in connection with an action of yours, means “must not”.
2.5 Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.6 A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.7 In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party. Such cost calculated £100 per hour.
2.8 All money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.
2.9 These terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.
3. OUR CONTRACT WITH YOU
3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order Goods. We advise you to print a copy for your records.
3.4 If in future, you buy Goods from us under any arrangement which does not involve your payment via our website, these terms still apply so far as they can be applied.
4.1 Prices of Goods are shown on our website.
4.2 Prices for Specified Goods are available on enquiry, either through this website or by telephone.
4.3 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
4.4 Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
5.1 We will take payment for the goods at the time of order. If you cancel the order we will refund in full, the amount taken from you debit/credit card.
5.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.3 If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
5.4 The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our website before we ask you to pay.
5.5 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. SECURITY OF YOUR CREDIT CARD
6.1 We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
We do not store credit card details nor do we share customer details with any 3rd parties
7. CONSUMER PROTECTION: CANCELLATION AND EXCLUSIONS
This paragraph applies if and only if, you are a citizen of the European Union, and you bought the Goods as a Consumer. The relevant law does not apply to Specified Goods.
7.1 You may cancel your order at any time before dispatch.
7.2 No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
7.3 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website
7.4 This paragraph does not affect your rights in the event that the Goods are faulty.
8.1 Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
8.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.3 A subsequent delivery charge will be payable to re send the order if it is sent back due to failed delivery.
8.4 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.5 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us unless you have instructed us in the order process that you wish us to leave the Goods without an acceptance signature (for example: “leave it in the garage”).
8.6 Goods are sent by post. We will send you a message by email to tell you when we have dispatched your order.
8.7 Unless you have asked us to leave the goods unsigned for all goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement quickly and minimize your inconvenience.
8.8 Signing “Unchecked”, “Not Checked” or similar is not acceptable.
8.9 If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.10 Some orders may be so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
8.11 Time for delivery specified on the Order, if any, is an estimate only and time shall not be of the essence.
9. FOREIGN TAXES AND DUTIES
9.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
9.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10. RISK AND RETENTION OF TITLE
10.1 Ownership of the Goods shall not pass to you until they are fully paid for, but the risk in the Goods shall be borne by you from the date of the delivery by us or our agents.
10.2 We shall deliver the Goods, duty and delivery paid, to your premises.
11. LIABILITY FOR SUBSEQUENT DEFECTS
11.1 We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act 1979 or which show a defect. If you claim that the item is defective, the following conditions apply:
11.1.1 the defect must be reported to us within four weeks of becoming apparent;
11.1.2 the defect results only from faulty design or manufacture;
11.1.3 you have returned the defective Goods or parts to us if we have so requested.
11.2 If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
11.3 If we repair or replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
12. GOODS RETURNED
These provisions apply in the event that you return any Goods to us for any reason:
12.1 We do not accept returns on Specified Goods unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
12.2 Before you return a product to us, please be careful to ensure the goods are faulty
12.3 So far as possible, Goods should be returned:
12.3.1 with both goods and all packaging as far as possible in their original condition;
12.3.2 securely wrapped;
12.3.3 including our delivery slip;
12.4 Contact us by email message using the contact form here for the procedure for return of Goods.
12.5 You must tell us by email message using the contact form here that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
12.6 Please note in particular that we cannot deal with your complaint unless you return the entire product that you bought: that is to say, with all components and parts and in the original packaging.
12.7 In returning a faulty item please encloses with it a note clearly stating the fault and when it arises or arose.
12.8 If delivery was made to a UK address, you are also protected by the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982.
12.9 If we agree that the item is faulty, we will:
12.9.1 refund the cost of return carriage;
12.9.2 repair or replace the item as we choose.
13. HOW WE HANDLE YOUR DATA
14.1 Conditions, warranties or other terms implied by the law of any county other than England and Wales /Scotland / Northern Ireland are excluded from this agreement to the fullest extent permitted by law.
14.2 We or our Content suppliers may make improvements or changes to our website, the Content, or to any of the Goods, at any time and without advance notice.
14.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
14.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of Goods.
14.5 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
15. YOUR ACCOUNT WITH US
15.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
15.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your computer.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
16. INTELLECTUAL PROPERTY
16.1 The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
16.2 If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.
16.3 We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.
18. MISCELLANEOUS MATTERS
17.1 No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorized representative.
17.2 So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
17.3 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
17.4 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.
17.5 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.6 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
17.7 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
17.8 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.9 Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
If delivered by hand: on the day of delivery;
If sent by post to the correct address: within 72 hours of posting;
If sent by fax to the correct number: within 24 hours;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
17.10 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
17.11 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act
1999 or otherwise.
17.12 We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
17.13 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.1 UK Isles / Northern Scotland / Northern Ireland / Ireland / Parts of Mainland UK / Jersey / Guernsey Delivery to certain areas within the UK will incur a surcharge – this may not be apparent during the checkout process. Should this apply and not appear during the checkout process a representative from Charnwood will call you prior order processing to process any additional payment that may be required. Please email us for the latest rates to these locations.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland.