General Terms and Conditions 19.02.2015
All terms and conditions relating to the supply of products from Oakwood Archer websites are covered below. Please read all terms and conditions carefully before placing an order. By ordering any of our Products, you agree to be bound by these terms and conditions.
Please print a copy of these terms and conditions for future reference.
By confirming your order you have entered into a binding agreement with us and have agreed to accept these terms and conditions.
1. ABOUT Oakwood Archer
This is a website operated by Oakwood Archer Limited
2. SERVICE AVAILABILITY
This website is available for use worldwide, with international shipping available. Please see our "Delivery Information" page for further details.
3. YOUR STATUS
By placing an order through our website you warrant that you are legally capable of entering into binding contracts.
4. CUSTOMER INFORMATION
4.1 Communicating with the customer
The customer has to indicate when placing the order at the latest an email address, whose operability he has to ensure from the moment he places the order until the definite completion of the order. The customer has to assure in particular with the adjustment of his spam filter (off line and/or by his provider) that he gets the emails of. This email address also applies for future orders until it is recalled or until the customer sends a notification of change.
Oakwood Archer is authorised, but not obligated, to send messages of any kind – also such messages that are of essential importance for the contractual relationship and the correct implementation of the contract – by other means than electronic mail. In particular the customer can neither demand that messages for him are sent by telephone, letter, and fax or by services of telecommunication systems – e.g. short message services (SMS) – nor can he successfully invoke ignorance if messages by such means of communication are missing, when Oakwood Archer has sent the message to the email address according to paragraph 1.
Messages of Oakwood Archer, which are sent by email to the email address according to paragraph 1, are presumed to be received by the customer after their dispatch. Oakwood Archer is only responsible for transmission errors if their causing is based on Oakwood Archer’s own sphere. The customer is allowed to provide evidence that he has not received a message sent to him for reasons that are beyond his sphere.
Oakwood Archer is regularly not obligated to point out to the customer that there is a missing, wrong or an inoperable email address in terms of paragraph 1. However, the customer is allowed to provide evidence that such a message would have been technically feasible and reasonable.
The personal data (for instance name, address, payment information) you have provided us with will be used for the fulfilment and processing of the contract. Our delivery company will be given access to your data as far as this is necessary for the delivery of the goods. If you have agreed to us doing so, we will also use your data to inform you about our latest products and other news concerning our offers. You are entitled to withdraw your agreement at any time. Additionally, you have the right to request us to change or delete your data. This process will not entail any further costs, except those charged by your provider for sending emails. If we alter or delete your personal data you have the right to be informed.
We store your personal data as well as data concerning your order for the purposes of fulfilling the Contract. You will receive all information concerning the formation and the implementation of the Contract, and your order data. You can save this email on your PC which will enable you to access these data at any time. Additionally, you can access your personal data as well as data concerning your order by logging in to your account and choosing the appropriate menu.
If you have any questions concerning data protection, please feel free to contact our customer service.
Phone: 01159 653 593
5. IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers and improve the layout of the site. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, like almost all e-commerce websites, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise our site according to your individual interests.
To speed up your searches.
To recognise you when you return to our site.
6. THE CONTRACT BETWEEN US
6.1 Your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us and we will confirm acceptance by sending you an email confirming your order is processing (the Order Confirmation). A legally binding contract between us will be formed only when we send you this Order Confirmation.
6.2 The booking of workshops is final, and when you have received you Order Confirmation you will need to give 14 days notice prior to the workshop date to cancel your place to receive a refund. For full details on workshop terms & conditions, please refer to the appropriate web page.
7. AVAILABILITY AND DELIVERY
7.1 All the specified delivery schedules will not be fixed. A fixed schedule must have been expressly designated as such and agreed by Oakwood Archer. As a rule, specified delivery schedules denote planned shipment times.
7.2 The delivery date is dependant upon receipt and confirmation by Oakwood Archer of all data, payments and email notices, after receipt of payment. The beginning of the delivery time has to be postponed until receiving it accordingly. The delivery period is specified in working days - Mondays to Fridays, excluding public holidays.
7.3 The delivery period will be regarded as having been observed if the goods have left the shop or, if they can be dispatched, have been reported as ready for shipment by the end of the delivery period. This will be subject to Oakwood Archer being supplied correctly and on time. Prompt and proper fulfilment by the customer of their obligations will be required so that the delivery period is observed.
7.4 If the agreed delivery schedule is not observed by Oakwood Archer, you will first set a reasonable period of grace in writing. You can rescind the Contract if this period of grace expires without result.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery. If the goods are ready for dispatch and shipment or acceptance of them is delayed for reasons for which we are not to blame, the risk shall pass to the customer when the customer receives notice that the goods are ready for shipment.
8.2 Ownership of the Products will pass to you only when Oakwood Archer receives full payment of all sums due, including delivery charges.
9. PRICE AND PAYMENT
9.1 The prices of any Products will be as quoted on Oakwood Archer’ website from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs. The costs for shipment will cover once-only dispatch to the delivery address specified by the customer, with the exception of backorders that will dispatched at our cost as personally agreed.
9.3 Oakwood Archer’ website contains a large number of Products and Services and it is always possible that, despite our best efforts, some items may on occasion be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.4 Oakwood Archer is under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after it has sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a ‘mis-pricing’.
9.5 Payment for all Products and Services must be made through one of the following:
PayPal (PayPal account or Debit/Credit Card)
9.6 The stated prices apply on the condition that the order data on which the prices are based does not change after conclusion of the Contract. Costs caused by subsequent changes instigated by the customer will be charged separately.
9.7 Oakwood Archer will send invoices by means of an email and printed invoice with your package (where applicable). By submitting an order the customer agrees to this form of invoicing. Payments will be due regardless of whether and when an invoice is issued.
9.8 Unless specified otherwise on the Order Confirmation, the gross total price will be due for payment upon placing your order (prior to receipt of the Order Confirmation).
10.1 Obvious defects in delivered goods must be reported to us within 10 days of receipt.
10.2 If you believe you have been sent incorrect Products, you must inform us within 48 hours of receipt of the Goods via email or phone. We will endeavour to resolve the situation with you on a case-by-case basis, but in general terms, if you wish to return the Goods with respect to this specific reason, we will refund the return shipment charges upon you providing us with a receipt for the said charges. Please follow the Returns Procedure outlined in Delivery Information.
11. OUR LIABILITY
11.1 Oakwood Archer warrant that any Product purchased from us through our website is of satisfactory quality. This does not refer to the manufacturing quality of a purchased Product. We will replace or refund any Product that is deemed of unsatisfactory quality, damaged or defective, but cannot be held liable for such defects.
11.2 Our liability for any Product purchased through our site is strictly limited to the purchase price of that Product.
11.4 If the supplied goods are defective or lack warranted qualities, Oakwood Archer – at its discretion – will supply a replacement or remedy the goods, to the exclusion of further warranty claims by the customer. If Oakwood Archer allows the period of grace set for it to elapse without supplying a replacement or rectifying the defect, or if subsequent remedy fails, you can rescind the Contract or demand appropriate reduction in the purchase price, to the exclusion of all other claims. Oakwood Archer will be liable for replacement deliveries and work done on subsequently remedying goods to the same extent as for the original goods.
11.5 If part of the delivery has defects, this will not authorize the customer to object to the entire goods.
11.6 In the event of rescission of the Contract, Oakwood Archer will refund any money received from you within a reasonable time.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications Oakwood Archer sends to you should be in writing. When using its website, you accept that communication with Oakwood Archer will be mainly electronic - we will contact you by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Oakwood Archer provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices by you to Oakwood Archer must be given to Oakwood Archer (50 Church Gate, Loughborough, Leicestershire, LE11 1UE) OR sales@Oakwood Archer. We may give notice to you at either the email or postal address you provide when placing an order. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and placed in the post and, in the case of an email, that it was sent to the specified email address.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract between you and Oakwood Archer is binding on both parties and on their respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 Oakwood Archer may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 Oakwood Archer will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond its reasonable control and includes in particular (without limitation) the following: a. Strikes, lock-outs or other industrial action. b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. e. Impossibility of the use of public or private telecommunications networks. f. The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Oakwood Archer’ performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. Oakwood Archer will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If Oakwood Archer fails, at any time during the term of a Contract, to insist upon strict performance of any of the customer's obligations, or any of these terms and conditions, or if it fails to exercise any of the rights or remedies to which it is entitled, this will not constitute a waiver of such rights or remedies and will not relieve the customer from compliance with such obligations.
16.2 A waiver by Oakwood Archer of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by Oakwood Archer of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to the customer in writing.
If any of these terms and conditions, or any provisions of a Contract, are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, they will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between Oakwood Archer and the customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Oakwood Archer and the customer, whether verbal or written.
18.2 Oakwood Archer and the customer both acknowledge that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations with Oakwood Archer prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of the parties will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently), and the other party’s only remedy will be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 Oakwood Archer has the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to these policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts will be subject to the non-exclusive jurisdiction of the English courts.
Please note that we NEVER pass on or sell this information, and it is all stored securely on our system.