Terms and Conditions of Sale
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means Wye Needlecraft Ltd at www.wye.co.uk
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.6 By using this website you are indicating your acceptance to be bound by these Terms and Conditions. They form a legal agreement between you and us and can only be amended with our consent. Any purchases you make are subject to these Terms and Conditions.
2.7 We reserve the right to change these Terms and Conditions from time to time without prior notice, provided that any such change will not affect any purchases you have made before the change is implemented. Your continued use of the Services shall signify your acceptance to be bound by the latest Terms and Conditions.
2.8 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. Acceptance of your order and the formation of a contract between us will take place when we despatch the products ordered to you, unless we have notified you that we do not accept your order
2.9 You can check the status of an outstanding order at any time by phone on 01629 815198 or by email at firstname.lastname@example.org
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price on the Seller's website as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is INCLUSIVE of VAT and excludes delivery charges. Delivery charges are charged by weight of goods.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
3.3 We only despatch products ordered by you once payment has been authorised. If you are paying by cheque, your order will not be despatched until your cheque has arrived and has been cleared.
3.4 In the unlikely event that the price of a product has been incorrectly advertised, we will contact you to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. We will not be obliged to supply products at the incorrect price.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available to be delivered to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 14 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery (delivery is defined as at the point of being posted by us with the chosen carrier of the goods, usually Royal Mail) of the Goods. It is the responsibility of the buyer to request and pay for higher insurance on higher priced goods to avoid risk of loss by the carrier used.
4.6 Once delivered, the products ordered will become your property (provided they have been paid for in full) and your responsibility. Risk of loss and damage of products passes to you on delivery.
4.7 If you order products for delivery outside the United Kingdom, they may be subject to import duties and taxes; you will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist. For deliveries outside the United Kingdom, you will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the products are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.
4.8 Please ensure that orders are placed in plenty of time when ordering Christmas Gifts to avoid disappointment. Our availability information for each year will be flagged on our website but it is possible that in some instances, a product may become unavailable between updates due to increased demand. Some delivery delays via Royal Mail dispatches, due to volumn of parcels during the festive season, are usually inevitable.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any parts of the Contract.
6.2 Where a claim of defect or damage is made then the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to a full cost refund of Goods (excluding delivery costs).
6.3 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding delivery charges, if any). Buyer may be subject to re-stocking charge.
6.4 Special orders, where non-stock items are ordered with the customer's consent will not be accepted for refund unless faulty. This also applies to charts and books which cannot be refunded.
7 PRODUCT INFORMATION
7.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products. However, the actual colours and detailing you see onscreen will depend on the equipment you use to view the products. We cannot guarantee that your television, mobile device or computer monitor display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.
7.2 Any information regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order.
7.3 To avoid disappointment it is advised to enquire about any products prior to purchase if unsure about any details. Purchases made in error by the customer may incur a re-stocking fee.
8 LIMITATION OF LIABILITY
8.1 The Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of UK and the parties hereby submit to the exclusive jurisdiction of the British courts.
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