T&Cs for Online Sales
This page (together with the documents referred to on it) tells you the terms and conditions on which I supply any of the Products and/or Services (“Product” or “Products” –as the context permits – and “Services” and together “Products/Services”) listed on my website (“my site“) to you. Please read these terms and conditions carefully before ordering any Products/Services from my site. You should understand that by ordering any of my Products or my Services you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Applicable Law
The Contract made between us will be governed solely by the Law of England and Wales, no matter where you reside. In entering into this Contract you agree to submit to the exclusive jurisdiction of the Laws of England & Wales
2. Your status
By placing an order through my site, you warrant that:
2.1 you are legally capable of entering into binding contracts;
2.2 you are at least 18 years old;
3. How the contract is formed between us
3.1 upon receiving your order I will acknowledge it. This does not mean that your order has been accepted. Your order constitutes an offer to buy a Product or a Service and orders are subject to acceptance by me. The contract between me (“Contract“) will only be formed when I send you the confirmation of acceptance (“Acceptance”).
3.2 The Contract will relate only to those Products/Services specified by me in that Acceptance. I will not be obliged to supply any other Products/Services which may have been part of your order until the dispatch of Acceptance in respect of them.
4. Consumer rights (UK Residents only).
4.1 If you are contracting as a U.K. resident Consumer, you may cancel a Contract for Products (only) at any time within 14 days, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products/Services in accordance with my refunds policy (set out in clause 8 below). Further advice about your legal right to cancel the Contract is available from your local Citizen’s Advice Bureau or Trading Standards Office.
4.2 To cancel a Contract you just need to let me know by email or by speaking to me by telephone. I will email you to confirm I have received your cancellation. You must also return the Products undamaged and unopened not later than 14 days after your cancellation.
4.3 You will not have any right to cancel a Contract for the supply of any Service.
5. Availability and delivery
5.1 Products will normally be dispatched within 14 days of receipt of your payment. Occasionally my delivery may be affected by an event outside my control, a force majeure event (see clause 14).
5.2 Delivery of an order shall be completed when I send the Products to the delivery address you supplied.
5.3 If I miss the target date for delivery you may cancel your order only if any of the following applies:
5.3.1 I have refused to deliver the Product;
5.3.2 I cannot deliver the Product within a further reasonable time; or
5.3.3 you told me in writing before I accepted your order that delivery by a certain date was essential and I agreed in writing to deliver by that certain date.
5.4 If you do not wish to cancel your order straight away, you can give a new deadline for delivery, which must be reasonable, and you can cancel your order if I do not meet the new deadline.
6. Risk and title
6.1 Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when I receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
7.1 the price of the Products/Services and my delivery charges (if any) will be shown on my site from time to time and shall apply save in the case of manifest error and will be confirmed when your offer is accepted (see supra).
7.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which I have already sent you an Acceptance.
7.3 The price of a Product does not include delivery charges. Delivery charges will be confirmed to you in my Acceptance.
7.4 I am under no obligation to provide the Product to you at an incorrect lower price, even after I have sent you a Acceptance if the pricing error is manifest and could have reasonably been recognised by you as an error.
7.5 Payment for all Products/Services must be by credit or debit card. I accept payment with all major credit and debit cards with the exception of American Express. I will charge your credit or debit card on whichever is the earlier of (1) despatch of your order or (2) 3 days after receipt of your order or (3) Acceptance.
8. My refunds policy in respect of Products
8.1 If you return a Product to me:
8.1.1 if you are a UK resident and if you have returned Products to me in accordance with Clause 4 and you have cancelled the Contract between us within 14 days, I will process a refund to you as soon as reasonably possible. Note I am permitted by law to reduce your refund to reflect any reduction in the value of the Product, if this reduction has been caused by you, you will be responsible for the cost of returning the item to me.
8.1.2 because you consider that the Product is defective I will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. I will usually process any refund due to you within 30 days. If the Product is defective I will refund the price of a defective Product in full together with applicable delivery charges.
8.2 I will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Any Product purchased from me through my site will conform in all material respects to its description and be of satisfactory quality and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.
10. My Liability
10.1 Liability in relation to Products
10.1.1 Subject to the provisions of this clause if I fail to comply with these terms and conditions, I shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of my failure to comply herewith (whether arising in contract tort negligence breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
10.1.2 I will not be liable for losses that result from my failure to comply with these terms and conditions that fall into the following categories:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings; or
loss of data.
10.2 Liability in relation to Services. As Services are specific and are individually designed for you and depend upon so many outside factors or “variables” I accept no liability whatsoever for any failure thereof (howsoever judged).
10.3 Nothing in this agreement excludes or limits my liability for:
death or personal injury caused by my negligence;
fraud or fraudulent misrepresentation;
in the U.K. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
in the U.K. defective Products under the Consumer Protection Act 1987;
any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
any other matter for which it would be illegal for me to exclude or attempt to exclude my liability.
11. Written communications
Applicable laws require that some of the information or communications I send to you should be in writing. When using my site, you accept that communication with me will be mainly by electronic communication (email and/or SMS). I will contact you by e-mail or provide you with information by posting notices on my website. For contractual purposes, you agree to this form of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to me must be given electronically via the “contact me” facility on my site. I may give notice to you at either the e-mail or postal address you provide to me when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on my site, 24 hours after an e-mail 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail or SMS that such e-mail or SMS was sent to the specified e-mail address or telephone number of the addressee.
13. Transfer of rights and obligations
13.1 The contract between you and me is binding on you and me and on my respective successors and assignees.
13.2 You may not transfer assign charge or otherwise dispose of a Contract or any of your rights or obligations arising under it without my prior written consent.
13.3 I may transfer assign charge sub-contract or otherwise dispose of a Contract or any of my rights or obligations arising under it at any time during the term of the Contract.
14. Events outside my control
14.1 I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by events outside my reasonable control (“force majeure“).
14.2 Force majeure includes any act, event, omission or accident beyond my reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or delivery;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
14.3 my performance under any Contract is deemed to be suspended for the period that a force majeure subsists and any time for the performance by me of an obligation hereunder is automatically extended by the period during which a force majeure subsists. I will use my reasonable endeavours to find a way in which my obligations under the Contract may be performed despite the force majeure.
15.1 Any forbearance by me not to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions or to exercise any of the rights or remedies to which I are entitled under the Contract shall not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by me of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by me of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you 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 such term condition or provision 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.
17. Entire agreement
17.1 These terms and conditions and any document expressly referred to in them and in or on my site constitute the whole agreement between us and supersede all previous agreements between us relating to the subject matter of any Contract.
17.2 We each acknowledge that in entering into a Contract neither of us relies on or will have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them or on or in my site.
17.3 You agree that my only liability in respect of any representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18. My right to vary these terms and conditions
18.1 I have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting my business, changes in payment methods, changes in relevant laws and regulatory requirements or otherwise as may be reasonably necessary for the requirements of my business.
18.2 You will be subject to the terms and conditions in force at the time that you order Products/Services from me unless any change to those terms and conditions is required to be made by law or government authority (in which case it will apply to orders already placed by you) or if I notify you of the change to these terms and conditions before I send you the Acceptance.
19. Law and jurisdiction
Contracts for the purchase of Products/Services through my site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.