SUPPLY OF GOODS
Please note that these Terms are only applicable for consumers. If you wish to purchase any goods for trade purposes, please contact us at firstname.lastname@example.org.
These Terms will apply to any contract between us for the sale of Products to you (Contract). 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 these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 6. 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 were most recently updated on 28th January 2015.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the websites www.bronte-porcelain.com and www.bronteporcelain.com. We are Bronte Porcelain Ltd, a company registered in England and Wales under company number 8485711 and with our registered office at Merebrook Business Park, Hanley Road, Malvern, Worcestershire, WR13 6NP. Our VAT number is 161 4070 42.
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is email us at email@example.com requesting cancellation of your order and providing full contact details so that we can make arrangements. . We will e-mail you to confirm we have received your cancellation. As well as e-mailing us at firstname.lastname@example.org you can also write to us at Merebrook Business Park, Hanley Road, Malvern, Worcestershire, WR13 6NP. 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 you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning us at 01684 310888 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.
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, all sizes, capacities, dimensions and measurements indicated on our site are approximate.
2.3 All of our products are unique and are hand decorated. Whilst every effort is made to decorate the Products in accordance with the illustrations shown on our site, there will be slight differences.
2.4 The packaging of the Products may vary from that shown on images on our site.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. CONSUMER WARRANTY
4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 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 each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. 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 5.3.
5.3 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.
5.4 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 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 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.
7. YOUR CONSUMER RIGHT OF RETURN AND REFUND
7.1 As a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. 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.
7.2 However, this cancellation right does not apply in the case of bespoke, made to order, inscribed or customised Products.
7.3 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), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
• one Product which is delivered in instalments on separate days.
• multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is email us at firstname.lastname@example.org requesting cancellation of your order and providing full contact details so that we can make arrangements. . We will e-mail you to confirm we have received your cancellation
You can also e-mail us at email@example.com] or by post to Merebrook Business Park, Hanley Road, Malvern, Worcestershire, WR13 6NP. If you are e-mailing 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 you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.5 Before you return the Product(s) to us we ask that you:
(a) Re-package the Product(s) in their original boxes; and
(b) Wrap the package securely to avoid any damage to the Product(s).
(c) Select an appropriate carrier to ensure safe return
In accordance with clause 7.6 below, we shall reduce your refund to reflect any reduction in the value of goods caused as a result of you failing to package or return the Product(s) in a suitable manner. You should consider taking appropriate insurance to cover potential damage in the case of the return of goods.
7.6 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop or by you making inadequate packaging or returned shipping arrangements in order to protect the goods in transit. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make 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 or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.9;
(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.
7.7 If you have returned the Products to us under this clause 7 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.
7.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.9 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. You can either send it back to Merebrook Business Park, Hanley Road, Malvern, Worcestershire, WR13 6NP or of 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;
(b) unless the Product is faulty or not as described (in this case, see clause 7.7), you will be responsible for the cost of returning the Products to us, and should note the requirements of 7.5. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. As your request we can advise charges for collection but note they will depend on product size and type.
7.10 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 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.11 You are responsible for the goods
8.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order)]. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
8.2 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
8.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
8.5 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.7 If you do choose to cancel your Order for late delivery under clause 8.6 or clause 8.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9. INTERNATIONAL DELIVERY
9.1 We deliver internationally. For details of the countries we will deliver to, please contact us at firstname.lastname@example.org (International Delivery Destinations). Please note that we will not deliver to PO Box addresses.
9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 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 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 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.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. HOW TO PAY
11.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard, Delta and Maestro.
11.2 We also accept payments which are processed through our merchants, Sagepay and PayPal. For more information about how your payment will be processed and their security standards, please refer to www.sagepay.com or to www.paypal.com.
11.3 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
12. OUR WARRANTY FOR THE PRODUCTS
12.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
(b) wilful damage, abnormal storage or conditions, misuse, accident, negligence by you or by any third party;
(c) if you fail to use the Products in accordance with instructions;
(d) any alteration or repair by you or by a third party; or
(e) any specification provided by you.
12.3 This warranty is in addition to, and 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.
12.4 If you receive any Products from us which can be shown to have had any defect of materials or workmanship at the time we dispatched the Products to you, you should notify us in writing by email at email@example.com or by post to Merebrook Business Park, Hanley Road, Malvern, Worcestershire, WR13 6NP.
12.5 If the Products are found to be defective, we will replace the Products free of charge or offer you a refund for the affected Products. We will also reimburse the cost of delivery to you and cost incurred by you in returning the Products to us. If the Products are found not to be defective, you shall be responsible for the cost of returning the Products.
13. OUR LIABILITY
13.1 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.
13.2 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.
13.3 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); and
(e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 14.2.
14.2 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.
14.3 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.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 You may contact us as described in clause 1.2.
16. OTHER IMPORTANT TERMS
16.1 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.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
16.3 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. However, the recipient of your gift of a Product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
16.4 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.
16.5 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.
16.6 Please note that these Terms are governed by English law. This means a Contract for the purchase 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.