15 Jul 2018
Our fabulous rustic cakestands for sale or hire. Three, four and five tier or create a bespoke one. We’re very open… https://t.co/K0n6gFRHrM
These Terms will apply to any contract between us and you for the sale or hire of Products to you (Contract). The Terms are split into the following sections:
Section 1 (General) which applies to all sales and hires; and
Section 2 (Hired Products) which contains additional provisions applicable to hires only.
In addition, certain of the clauses are applicable to consumers only and certain clauses are applicable to business customers only. These are clearly identified in bold text.
Please let us know if you do not understand this or if you are not sure whether or not you are a consumer.
These Terms shall not be amended without our prior written agreement.
Furthermore if there is any inconsistency between these Terms on the one hand and any other documentation or information which we to provide to you, then to the extent of any conflict, these terms and conditions will prevail (this paragraph does not apply if you are a consumer).
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to and accept these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
SECTION 1 GENERAL
1. Information about us
1.1 We operate the website www.rusticweddingsettings.co.uk and our main trading address is Broadmeadow Farm, Broadhead Road, Turton, Bolton BL7 0JJ.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know in writing that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 07977 478644 or 07775 703326 or by post to Broadmeadow Farm, Broadhead Road, Turton, Bolton BL7 0JJ. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date we receive the e-mail or letter.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team on 07977 478644 or 07775 703326 or by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business:
(a) You may contact us by telephoning our customer service team at 07977 478644 or 07775 703326 or by e-mailing us at firstname.lastname@example.org.
(b) If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because our Products are handmade from natural material, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate and for information only and your Products may vary from those sizes, weights, capacities, dimensions and measurements. Furthermore, our larger wooden Products (for example, cake stands) are liable to crack over a period of time. This is a phenomenon naturally occurring when wood is subjected to different atmospheres and temperatures and is not a defect in the Product.
2.3 The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase or hire Products from our site if you are at least 18 years old.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at the check out stage of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and taken payment. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation other than in respect of any Products which are to be made to your specifications or any Products which are otherwise to be modified, personalised or adapted at your request (Bespoke Products) in which case the Contract will be formed as soon as we commence work on them.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.4, we will inform you of this by e-mail and we will not process your order and will refund you the full amount including any delivery costs charged as soon as possible.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time.
8.2 Every time you order Products from us, the Terms displayed on our site at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, subject to clause 9.2 you have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 This cancellation right in clause 9.2 does not apply in the case of any Bespoke Products.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order and which is when the Contract between us is formed) and ends on the date which is 14 days after the date on which you recieve the Product.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com or contact our Customer Services team by telephone on 07977 478644 or 07775 703326 or by post to Broadmeadow Farm, Broadhead Road, Turton, Bolton BL7 0JJ. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date we receive the e-mail or letter.
9.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods caused by your use or handling of them; and
(b) pay any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you. For information about how to return a Product to us, see clause 9.8; or
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you by means of the same method used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and
(b) unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection which will be notified to you in advance of any collection.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 The Dispatch Confirmation will contain an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.
10.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
10.3 You own the Products once we have received payment in full, including all applicable delivery charges.
11. International delivery
If you wish to have Products delivered to an address outside of the UK please contact our Customer Services team.
12. Price of products and delivery charges
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) where the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13. How to pay
13.1 You can only pay for Products using Paypal at firstname.lastname@example.org or by electronic cash transfer to our bank account details of which shall be provided on request.
13.2 Payment for the Products and all applicable delivery charges is in advance on placing your order.
14. No warranties for the Products
14.1 We provide no warranties in respect of the Products.
14.2 If you are a consumer, this does not affect your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. Our liability if you are a business
This clause 15 only applies if you are a business customer.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
15.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter to the extent that it cannot be excluded or limited by law.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill;
(f) wasted management or office time; or
(g) any indirect or consequential loss.
15.4 Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased or hired by you.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
(e) defective products under the Consumer Protection Act 1987.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over;
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18. Communications between us
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer you may contact us as described in clause 1.2.
18.3 If you are a business:
(a) any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail;
(b) a notice or other communication shall be deemed to have been received:
(i) if delivered personally, when left at our registered office;
(ii) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(iii) if sent by e-mail, one Business Day after transmission.
18.4 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, that such e-mail was sent to the specified e-mail address of the addressee.
18.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. Other important terms
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase or hire of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
SECTION 2 HIRED PRODUCTS
1.1 The terms of this Section 2 (Hired Products) shall apply in respect of any Products which are, or are to be, hired by you (Hired Products).
1.2 This Section 2 (Hired Products) is in addition to, and does not replace, the other sections of the Terms.
2 Dealing in Hired Products prohibited
2.1 Ownership in the Hired Products remains at all times with us and you have no right, title or interest in the Hired Products.
2.2 You must not deal with the ownership or any interest in the Hired Products. This includes selling, assigning, mortgaging, pledging, charging, securing, withholding, exerting any right to withhold, disposing of and/or lending.
3 Risk in Hired Products
Risk in the Hired Products will not pass back to us from you until the Hired Products are back in our physical possession. This shall apply even if we have agreed to cease charging the hire charges, the period for which you have chosen to hire the Products (Hire Period) has ceased, or if the Contract has expired or terminated.
4 Return of Hired Products
4.1 Upon the expiry of the Hire Period, you shall immediately:
(a) return the Hired Products to us or if requested by us make the Hired Products available for collection by us; and
(b) pay to us all arrears for any Hired Products and/or any other sums payable under the Contract.
4.2 If we have offered to collect the Hired Products from you, we will collect the Hired Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
5 Care of Hired Products
5.1 You shall:
(a) not remove any labels from and/or interfere with the Hired Products, their working mechanisms or any other parts of them and shall take reasonable care of the Hired Products and only use them for their proper purpose in a safe and correct manner;
(b) notify us immediately after any loss and/or damage to the Hired Products;
(c) take adequate and proper measures to protect the Hired Products from theft, damage and/or other risks;
(d) notify us of any change of address and upon our request provide details of the location of the Hired Products;
(e) permit us at all reasonable times and upon reasonable notice to inspect the Hired Products including procuring access to any property where the Hired Products are situated;
(f) keep the Hired Products at all times in your possession and control and not remove the Hired Products from the United Kingdom without our prior written consent;
(g) not do or omit to do anything which you have been notified will or may be deemed to invalidate any policy of insurance related to the Hired Products; and
(h) not continue to use Hired Products where they have been damaged and will notify us immediately if the Hired Products are involved in an accident resulting in damage to the Hired Products, other property and/or injury to any person.
5.2 The Hired Products must be returned by you in good working order and condition and in the same condition that they were in prior to the hire, (fair wear and tear excepted) and in a clean condition together with all other documents relating to the Hired Products.
6 Delays, loss and damage
6.1 If the Hired Products are returned in a damaged, unclean and/or defective state except where due to fair wear and tear you shall be liable to pay us for the cost of any repair and/or cleaning required to return the Hired Products to a condition fit for re-hire and to pay the hire charges, in accordance with the provisions of clause 6.3, until such repairs and/or cleaning have been completed.
6.2 You will pay to us the replacement cost of any Hired Products which are lost, stolen and/or damaged beyond economic repair during the hire period.
6.3 If, in breach of the Contract, you delay in returning the Hired Products to us after the expiry of the Hire Period, then the hire charges shall continue to apply until the Hired Products are returned to us.
7 Consumer Credit
7.1 Where hire of the Hired Products is to a customer who is an individual and the hire would be covered by the Consumer Credit Act 1974, the duration of any Hire Period shall not exceed three months, after which time the Contract shall be deemed to have automatically terminated. Accordingly the hire of any Hired Products is not covered by the Consumer Credit Act 1974.
7.2 Irrespective of clause 7.1, if the Hire Period is extended to a period of time which exceeds three months, we will automatically terminate the Contract at the end of three months and reissue a new Contract on the same terms to you for the extended period. No Hire Period shall ever exceed a three month period.
8.1 When placing an order for hired items, a deposit will be taken at the point of payment once you have placed your order. The deposit will be refunded once your hired items have been returned, and the condition has been checked to ensure that they are in the same condition as when they were depatched to you.
8 Return of Hired Items and Refunds
9.1 When your hired items are returned, we will refund any deposit paid once the condition of the items has been checked to ensure that they are in the same condition as when they were depatched to you.