UK-TCsga08
This template is a Net Lawman document.
Website terms and conditions retail of sourced or made to
order products
These terms and conditions are the contract
between you and
The Cat Walk Emporium
(“us”, “we”, etc). By visiting or using Our Website,
you agree to be bound by them.
They are based on a set written by
Net Lawman and released under licence. They
protect your rights as well as ours.
I / We are The Cat Walk Emporium.
Our address is 2 West
End Cottage, North Yorkshire, DL82TW
You are: Anyone who uses Our Website.
Please read this agreement carefully and save
it. If you do not agree with it, you should leave Our Website
immediately.
The terms and conditions:
1.
Definitions
In this agreement:
|
“Consumer” |
means any individual who, in
connection with this agreement, is acting for a purpose which is
outside his business. |
|
“Content” |
means the textual, visual or
audio content that is encountered on Our Website. It may
include, among other things: text, images, sounds, videos and
animations. |
|
“Extra Work” |
means all of the work we do and
materials we buy to prepare or produce Specified Goods. |
|
“Goods” |
means any of the goods we offer
for sale on Our Website, or, if the context requires, goods we
sell to you. It includes Specified Goods. |
|
"Intellectual Property" |
means intellectual property of
every sort, whether or not registered or registrable in any
country, including intellectual property of kinds coming into
existence after today; and including, among others, designs,
copyrights, software, discoveries, know-how, together with all
rights which are derived from those rights. |
|
"Post" |
means display, exhibit, publish,
distribute, transmit and/or disclose information, Content and/or
other material on to Our Website, and the phrases "Posted" and
"Posting" shall be interpreted accordingly. |
|
“Specified Goods”
“Our Website” |
means Goods which have been
subject to work or process to your specific order.
means any website of ours, and
includes all web pages controlled by us. |
2.
Interpretation
Unless the context clearly requires
otherwise, the interpretation of this agreement shall be subject to
the matters listed below.
2.1.
a reference to one gender shall include any or all
genders and a reference to the singular may be interpreted where
appropriate as a reference to the plural and vice versa.
2.2.
a reference to a person includes a human individual, a
corporate entity and any organisation which is managed or controlled
as a unit.
2.3.
the headings to the paragraphs of this agreement are
inserted for convenience only and do not affect the interpretation.
2.4.
in the context of permission, “may not” in connection
with an action of yours, means “must not”.
2.5.
any agreement by either party not to do or omit to do
something includes an obligation not to allow some other person to
do or omit to do that same thing.
2.6.
a reference to an act or regulation includes new law
of substantially the same intent as the act or regulation referred
to.
2.7.
in any indemnity, a reference to costs or expenses
shall be construed as including the estimated cost of management
time of the indemnified party,
such cost calculated
£100 per hour.
2.8.
these terms and conditions apply to all supplies of
Goods by us to you. They prevail over any terms proposed by you.
3.
Our contract with you
3.1.
This agreement contains the entire agreement between
the parties and supersedes all previous agreements and
understandings between the parties.
3.2.
Each party acknowledges that, in entering into this
agreement, he does not rely on any representation, warranty,
information or document or other term not forming part of this
agreement.
3.3.
If you use Our Website in any way and make an order on
behalf of another person you warrant that you have full authority to
do so and you accept personal responsibility for every act or
omission by you.
3.4.
Because we rely on our
suppliers for some items like the cat toys we do not guarantee that
Goods advertised on Our Website are always available. If you have
purchased them as such and they are not at the time, we will advise
you of the next delivery or on your request will refund you.
3.5.
We may change these terms from time to time. The terms
that apply to you are those posted here on Our Website on the day
you order Goods. We advise you to print a copy for your records.
3.6.
The price of Goods may be changed by us at any time.
We will never change a price so as to affect the price charged to
you at the time when you buy those Goods.
3.7.
If in future, you buy Goods from us under any
arrangement which does not involve your payment via Our Website,
these terms still apply so far as they can be applied.
4.
Acceptance of your order
4.1.
This paragraph applies to Goods which you buy from us
as advertised, without change to your specific requirements.
4.2.
Your order is an offer to buy from us.
OR
4.3.
We shall accept your
order by your payment. That is when our contract is made.
AND
4.4.
If we do not have all of the Goods you order in stock,
we will offer you alternatives. If this happens you may:
4.4.1
accept the alternatives we offer;
4.4.2
cancel all or part of your order.
5.
Extra Work and approval of Proof / Sample
5.1.
This paragraph applies to Specified Goods also known
as bespoke items or personalised items on our website.
5.2.
Our contract to supply Specified Goods is a contract
for both the supply of Goods and the Extra Work you have asked us to
do.
5.3.
Nothing said or done by us is an acceptance of an
order until we confirm clear acceptance in writing, giving you
details of our understanding of your exact requirements.
At any point up until
then, we may decline your order without giving any reason.
From that time, we are both bound to these contract terms.
5.4.
Within
7 days of
entering into this contract we will submit
proof / Design
Proposals, to you for approval.
5.5.
If you wish to make any change to the specification of
the Extra Work, you must pay us the sum we estimate that the change
will cost us, based on our then current charging rates.
5.6.
If you terminate this agreement before the Specified
Goods are complete, you agree to pay us for all of the Extra Work to
the date of cancellation by you. In addition you will pay us a
mark-up of 30% of the total cost of Extra Work.
6.
Prices
6.1.
Prices of Goods are
shown on Our Website .
6.2.
Prices for Specified
Goods are available on enquiry, either through Our Website or by
telephone.
6.3.
It is possible that
the price may have increased from that posted on Our Website. If
that happens, we will not dispatch the Goods until you have
confirmed that you wish to buy at the new price.
6.4.
Prices do not at
present qualify for VAT.
7.
Payment
7.1.
We will not split an
order. We require the full price of your order before we will send
any part of it.
7.2.
Bank charges by the
receiving bank on payments to us will be borne by us. All other
charges relating to payment in a currency other than Pounds Sterling
will be borne by you.
7.3. Any
information given by us in relation to exchange rates are
approximate only and may vary from time to time.
7.4.
If, by mistake, we
have under-priced Goods, we will not be liable to supply those Goods
to you at the stated price, provided that we notify you before we
dispatch it to you.
7.5.
The price of the Goods
does include the delivery charge, however these may change
from time to time according to postal rates.
7.6.
If we owe you money
(for this or any other reason), we will credit you in the same
method as you paid as soon as reasonably practicable but in any
event no later than
14
days from the date when we accept that repayment is due.
8.
Security of your credit card
We take care to make Our Website safe
for you to use.
8.1.
Card payments are not processed through pages controlled by us. We
use Paypal payment and their service providers who will encrypt your
card or bank account details in a secure environment. We also accept
BACS , cheque and cash if collecting in person.
9.
Cancellation and refunds
Please note
that this paragraph does not apply to any Specified Goods you order
through Our Website.
This and the
following paragraph apply if you buy as a consumer as defined in the
Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013. Provided the Regulations apply to the
transaction concerned, then the following terms apply to the
contract.
9.1.
We
now inform you that information relating to all aspects of our Goods
is not in this document but in our marketing material, whether that
is in the medium of Our Website or in hard copy.
9.2.
The
following
rules apply to cancellation of your order:
9.2.1
If you have ordered
Goods, but not received them, you may cancel your order without
giving a reason, at any time within 14 days of your order. You will
have no obligation and we will return your money.
9.2.2
If you have ordered Goods, and received them, you may cancel
your order at any time within 14 days of the date you received them.
You must tell us that you wish to cancel. You must also send the
Goods back to us within that same 14 day period
9.2.3
We will return your money subject to the following
conditions:
9.2.3.1
we receive the Goods in a condition in which we can re-sell
them at full price, in new condition, not used or contaminated,
with labels and packaging intact.
9.2.3.2
you comply with our procedure for returns and refunds. We
cannot return your money unless we know who sent them.
9.3.
The option to cancel your order is not available:
9.3.1
if you purchase sealed goods which relate to health or
hygiene, and they become unsealed after delivery, or cannot be
re-sold for some other reason;
9.3.2
if they are a hard medium for a product in soft copy, which
comes to you sealed and is returned to us unsealed.
9.3.3
If the Goods are somehow mixed with other goods so that we
cannot identify or easily separate them.
9.4.
You are responsible for the cost of returning the Goods. We
have no obligation to refund to you, your cost of re-packing and
returning the Goods.
9.5.
In any of the above scenarios, we will return your money
within 14 days.
10.
Liability for subsequent defects
10.1.
Please
examine the Goods received from us immediately you receive them. If
you do not tell us of any defect or problem within 30 days of
receipt of the Goods, we shall assume that you have accepted them.
10.2.
The procedure to return the faulty Goods is as follows:
10.2.1
the Goods must be returned to us as soon as any defect is
discovered but not later than six months from receipt by you.
10.2.2
before you return the Goods to us, please carefully re-read
the instructions and check that you have
fitted/used it correctly.
10.2.3
please follow the returns procedure
address
provided on our website / set out on the reverse side of the
delivery package we sent to you with the Goods or contact us.
10.3.
We will return your money subject to the following
conditions:
10.3.1
we receive the Goods with labels and packaging intact.
10.3.2
you comply with our returns procedure. We cannot return your
money unless we know who sent them.
10.3.3
you tell us clearly what is the fault you complain of, when
it first became apparent, and other information to enable us to
identify or reproduce it.
10.4.
If any defect is found, then we shall:
10.4.1
repair or replace the Goods, or
10.4.2
refund the full cost you have paid including the cost of
returning the Goods.
11.
Delivery
11.1.
Goods are delivered within 14 days from the day you place an
order to purchase the Goods.
11.2. Delivery
of Goods will be made by the carrier to the address stipulated in
your order. You must ensure that someone is present to accept
delivery and sign for the item.
11.4.
If we are not able to deliver your Goods within 14 days of
the date of your order, we shall notify you by e-mail to arrange
another date for delivery.
11.5.
We may deliver the Goods in instalments if they are not all
available at the same time for delivery.
11.6.
Goods are sent at our
risk until signed for by you or by any other person at the address
you have given to us
unless you have
instructed us in the order process that you wish us to leave the
Goods without an acceptance signature (for example: “leave it in the
garage”).
11.7.
Goods are sent by post.
We will send you a message by email to tell you when we have
despatched your order.
11.8
All Goods must be signed for on delivery by an adult aged 18
years or over. If no one of that age is at the address when the
delivery is attempted the Goods may be retained by the driver. When
your Goods arrive it is important that you check immediately the
condition and quantity. If your Goods have been damaged in transit,
you must refuse the delivery and immediately contact us so that we
may dispatch a replacement quickly and minimise your inconvenience.
11.9.
Signing "Unchecked", "Not Checked" or similar is not
acceptable.
11.10.
If we agree with you to
deliver on a particular day or at a particular time, we will
do our best to comply. But no time given is to be treated as
contractual. So we are not liable to you for any expense or
inconvenience you incur on account of delayed delivery or
non-delivery.
11.11.
We are happy for you to pick up Goods from our shop/ showroom
provided you make an appointment in advance and payment has been
received into our bank
or cash on collection.
A cheque on arrival is not acceptable.
11.12.
If you pick up Goods from our premises then:
11.12.1
Goods are at your risk from the moment they are picked
up by you or your Carrier.
11.12.2
you agree that you are responsible for everything that
happens after you take possession of the Goods, both on and off our
premises, including damage to property of any sort, belonging to any
person.
12.
Foreign taxes and duties
12.1.
If you are not in the UK, we have no knowledge of, and no
responsibility for, the laws in your country.
12.2.
You are responsible for purchasing Goods which you are
lawfully able to import and for the
payment of import duties and taxes of any kind levied in your
country.
20.
Security of Our Website
If you violate Our Website we shall
take legal action against you.
You now agree that you will not, and
will not allow any other person to:
20.1.
modify, copy, or cause damage or unintended effect to any
portion of Our Website, or any software used within it.
20.2.
link to Our Website in any way that would cause the
appearance or presentation of the site to be different from what
would be seen by a user who accessed the site by typing the URL into
a standard browser;
20.3.
download any part of Our Website, without our express written
consent;
20.4.
collect or use any product listings, descriptions, or prices;
20.5.
collect or use any information obtained from or about Our
Website or the Content except as intended by this agreement;
20.6.
aggregate, copy or duplicate in any manner any of the Content
or information available from Our Website, other than as permitted
by this agreement or as is reasonably necessary for your use of Our
Website;
20.8.
Despite the
above terms, we now grant a licence to you to:
20.8.1
create a hyperlink to Our Website for the purpose of
promoting an interest common to both of us. You can do this without
specific permission. This license is conditional upon your not
portraying us or any product or service in a false, misleading,
derogatory, or otherwise offensive manner. You may not use any logo
or other proprietary graphic or trademark of ours as part of the
link without our express written consent.
20.8.2
you may copy the text
of any page for your personal use in connection with the purpose of
Our Website.
21.
Disclaimers
21.1.
The law differs from
one country to another. This paragraph applies to sales in the EU.
21.2.
All implied
conditions, warranties and terms are excluded from this agreement.
If in any jurisdiction an implied condition, warrant or term cannot
be excluded, then this sub paragraph shall be deemed to be reduced
in effect, only to the extent necessary to release that specific
condition, warranty or term.
21.3.
We make no
representation or warranty for:
21.3.1
any implied warranty or condition as to merchantability or
fitness of the Goods for a particular purpose;
21.3.2
the adequacy or appropriateness of the Goods for your
purpose.
21.4.
We claim no expert
knowledge in any subject. We disclaim any obligation or liability to
you arising directly or indirectly from information you take from
Our Website.
21.5.
You agree that in any
circumstances when we may become liable to you, the limit of our
liability is the amount you have paid us in the immediately
preceding 12 month period for the Goods concerned.
21.6.
We shall not be liable
to you for any loss or expense which is:
21.6.1
indirect or consequential loss; or
21.6.2
economic loss or other loss of turnover, profits, business or
goodwill, even if such loss was reasonably foreseeable or we knew
you might incur it.
21.7.
This paragraph (and any other paragraph which excludes or
restricts our liability) applies to our directors, officers,
employees, subcontractors, agents and affiliated companies (who may
enforce this provision under the
Contracts (Rights of
Third Parties) Act 1999 / Contracts (Rights of Third Parties)
(Scotland) Act 2017,
as well as to us.
21.8.
If you become aware of any breach of any term of this
agreement by any person, please tell us by
email at
catwalkemporium@gmail.com.
We welcome your input
but do not guarantee to
agree with your judgement
Consumers
outside of the EU.
21.9.
The law differs from one country to another. This paragraph
applies so far as the applicable law allows.
21.10.
All implied conditions, warranties and terms are excluded from this
agreement. If in any jurisdiction an implied condition, warrant or
term cannot be excluded, then this sub paragraph shall be deemed to
be reduced in effect, only to the extent necessary to release that
specific condition, warranty or term.
21.11.
We make no representation or warranty for:
21.11.1
the quality of the Goods.
21.11.2
any implied warranty or condition as to merchantability or
fitness of the Goods for a particular purpose.
21.11.3
the correspondence of the Goods with any description;
21.11.4
the adequacy or appropriateness of the Goods for your
purpose.
21.12.
We claim no expert knowledge in any subject. We
disclaim any obligation or liability to you arising directly or
indirectly from information you take from Our Website.
21.13.
We shall not be liable to you for any loss or expense arising out of
or in connection with your use of Our Website, which is indirect or
consequential loss, or economic loss or other loss of turnover,
profits, business or goodwill. This applies whether in an action of
contract, negligence or otherwise, even if such loss was reasonably
foreseeable or we knew you might incur it.
21.14.
We make no representation or warranty and accept no responsibility
in law for:
21.14.1
accuracy of any Content or the impression or effect it gives;
21.14.2
delivery of Content, material or any message;
21.14.3
privacy of any transmission;
21.14.4
any act or omission of any person or the identity of any
person who introduces himself to you through Our Website;
21.14.5
any aspect or characteristic of any goods or services
advertised on Our Website;
21.16.
We will do all we can to maintain access to Our Website, but it may
be necessary for us to suspend all or part of our service for
repairs, maintenance or other good reasons. We may do so without
telling you first.
21.17.
You agree that in any circumstances when we may become liable to
you, the limit of our liability is the amount you have paid us in
the immediately preceding 12 month period for the [Products /
Service] concerned.
21.19.
This paragraph (and any other paragraph which excludes or restricts
our liability or provides an indemnity to us) applies to our
directors, officers, employees, subcontractors, agents and
affiliated companies, as well as to us. Any of them may enforce this
provision under the
Contracts (Rights of
Third Parties) Act 1999 / Contracts (Rights of Third Parties)
(Scotland) Act 2017.
21.20.
If you become aware of any breach of any term of this agreement by
any person, please tell us by email catwalkemporium@gmail.com. We
welcome your input but do not guarantee to agree with your judgement.
21.21.
Nothing in this agreement excludes liability for a party's
fraud.
23.
Indemnity
You agree to indemnify us against all
costs, claims and expense arising directly or indirectly from:
23.1.
your failure to comply with the law of any country;
23.2.
your breach of this agreement;
23.3.
any act, neglect or default by any agent, employee, licensee
or customer of yours;
23.4.
a contractual claim arising from your use of the Goods;
23.5.
a breach of the intellectual property rights of any person.
24.
Intellectual Property
24.1.
Copyright works owned by you or a third party are unaffected
by this agreement.
24.2.
The Intellectual Property in all work we do in the process
leading to completion of the Specified Goods and in the completed
Specified Goods belongs to us.
24.3.
If you change or create derivative versions of the Specified
Goods, the Intellectual Property in those changed or derived
versions also belongs to us.
24.4.
We now grant an exclusive license to you to use the
Intellectual Property in the
Specified Goods for a period of 99 years. You may not assign this
licence except by way of sale or transfer of the Specified Goods.
25.
Dispute resolution
In this paragraph the term “ADR Provider” means an approved body
under the Alternative Dispute Resolution for Consumer Dispute
Regulations 2015.
The following terms apply in the event of a dispute between the
parties:
25.1.
If you are not happy with our services or have
any complaint then
you must tell us by
email message to
catwalkemporium@gmail.com or
any updated address which you will find on Our Website.
25.2.
Detailed information about our complaint handling procedure
is above
25.3.
If a dispute is not settled as set out above, we hope you
will agree to attempt to resolve it by engaging in good faith with
us in a process of mediation or arbitration.
25.4.
We can propose an ADR Provider or will listen to your
proposal. If you are in any way concerned, you should read the
regulations at:
http://ec.europa.eu/consumers/odr/.
26.
Miscellaneous matters
26.1.
When we communicate with you we do so by email. You agree
that email communications are contractually binding in the same way
as properly signed and dated paper sent by post.
26.2.
Where we provide goods or services without specific charge to
you, then it (or they) is deemed to be provided free of charge, and
not to be associated with any other goods or service for which a
charge is made. Accordingly, there is neither contractual nor other
obligation upon us in respect of those goods or that service.
26.3.
If any term or provision of this agreement is at any time
held by any jurisdiction to be void, invalid or unenforceable, then
it shall be treated as changed or reduced, only to the extent
minimally necessary to bring it within the laws of that jurisdiction
and to prevent it from being void and it shall be binding in that
changed or reduced form. Subject to that, each provision shall be
interpreted as severable and shall not in any way affect any other
of these terms.
26.4.
The rights and obligations of the parties set out in this
agreement shall pass to any permitted successor in title.
26.5.
Any obligation in this agreement intended to continue to have
effect after termination or completion shall so continue.
26.6.
No failure or delay by any party to exercise any right, power
or remedy will operate as a waiver of it nor indicate any intention
to reduce that or any other right in the future.
26.7.
Any communication to be served on either party by the other
shall be delivered by hand or sent by first class post or recorded
delivery or by e-mail.
|
It
shall be deemed to have been delivered: |
|
if
delivered by hand: on the day of delivery; |
|
if
sent by post to the correct address: within 72 hours of posting; |
|
If
sent by e-mail to the address from which the receiving party has
last sent e-mail: within 24 hours if no notice of non-receipt
has been received by the sender. |
26.8.
This agreement does not give any right to any third party
under the
Contracts (Rights of
Third Parties) Act 1999 / Contracts (Rights of Third Parties)
(Scotland) Act 2017 or otherwise.
26.9.
We shall not be liable
for any failure or delay in performance of this agreement which is
caused by circumstances beyond our reasonable control,
including any labour
dispute between a party and its employees.
26.10.
In the event of any conflict
between any term of this agreement and the provisions of the
articles of a limited company or any comparable document intended to
regulate any other corporate or collective body, then the terms of
this agreement shall prevail.
26.11.
The validity, construction and performance of this agreement
shall be governed by the laws of
England and Wales /
Scotland / Northern Ireland and you agree that any
dispute arising from it shall be litigated only in that country.
Notice of right of cancellation: Right to Cancel and Model
Cancellation Form
Information
about your statutory right to cancel
Your right
to cancel
Under the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013, you have the
right to cancel this contract within 14 days without giving any
reason.
The cancellation period will expire 14 days
after the contract was made. That means you can cancel before you
have downloaded the product or we have delivered it to you.
How to cancel
To meet the
cancellation deadline, it is enough for you to send your
communication concerning your exercise of the right to cancel before
the cancellation period has expired.
To exercise the right
to cancel, you must inform us of your decision to cancel this
contract by a clear statement, sent to us by post or e-mail.
© Andrew Taylor and Net Lawman Ltd
http://www.netlawman.co.uk
Model cancellation form
to be used on paper.
To Cat
Walk Emporium, 2 West End Cottage, Snape, Bedale, North Yorkshire
DL8 2TW:
I/We hereby
give notice that I/we cancel my/our contract of sale of the
following products [enter details of goods
and any reference].
Ordered on
[date]/received on
[date],
Name:
[enter name or names in which the order was
made],
Address:
[enter your address],
Signature: (only if this form is notified on
paper)
Date:
[date]
|
