| Terms and
Conditions of Colour Me Clodhoppers (www.colourmeclodhoppers.co.uk)
1 DEFINITIONS
1.1 “Buyer” means the individual or organisation
who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed
in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the
Seller and the Buyer for the sale and purchase of Goods incorporating
these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer
agrees to buy from the Seller;
1.5 “Seller” means Colour Me Clodhoppers of 48
Causeway Road, Seaton, Workington, Cumbria CA14 1PN United
Kingdom that owns and operates www.colourmeclodhoppers.co.uk;
1.6 “Terms and Conditions” means the terms and
conditions of sale set out in this document and any special
terms and conditions agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the
Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts
for the sale of Goods by the Seller to the Buyer and shall
prevail over any other documentation or communication from
the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer’s acceptance of these Terms and
Conditions.
2.4 Any variation to these Terms and Conditions (including
any special terms and conditions agreed between the parties)
shall be inapplicable unless agreed in writing by the Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by
the Buyer to purchase Goods pursuant to these Terms and Conditions
and are subject to acceptance by the Seller. The Seller may
choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available
from stock the Buyer shall be notified and given the option
to either wait until the Goods are available from stock or
cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical
steps the Buyer needs to take to complete the order process
are described in online shop.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the
Seller’s Website. The Price is inclusive of VAT. The
Price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges,
if any, will be displayed in the Buyer’s shopping cart
prior to confirming the order.
4.3 After the order is received the Seller shall confirm by
email the details, description and price for the Goods together
with information on the right to cancel if the Buyer is a
Consumer.
4.4 Payment of the Price plus VAT and delivery charges must
be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and
specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from
the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing
any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain
age the Buyer will be asked when placing an order to declare
that they are of the appropriate legal age to purchase the
Goods.
6.2 If the Seller discovers that the Buyer is not legally
entitled to order certain Goods, the Seller shall be entitled
to cancel the order immediately, without notice.
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch
correspond to the description given by the Seller. Except
where the Buyer is dealing as a Consumer, all other warranties,
conditions, or terms relating to fitness for purpose, merchantability
or condition of the Goods, whether implied by Statute, common
law or otherwise are excluded, and the Buyer is satisfied
as to the suitability of the Goods for the Buyer’s purpose.
8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered
within 14 working days of acceptance of order.
8.2 Goods supplied outside the UK will normally be delivered
within 30 working days of acceptance of order.
8.3 Where a specific delivery date has been agreed, and where
this delivery date cannot be met, the Buyer will be notified
and given the opportunity to agree a new delivery date or
receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet
any date agreed for delivery. In any event time of delivery
shall not be of the essence and the Seller shall not be liable
for any losses, costs, damages or expenses incurred by the
Buyer or any third party arising directly or indirectly out
of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s
address specified in the order and the Buyer shall make all
arrangements necessary to take delivery of the Goods whenever
they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon
delivery of the Goods.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt
and shall notify the Seller by email within 7 working days
of delivery if the Goods are damaged or do not comply with
any of the Contract. If the Buyer fails to do so the Buyer
shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Seller shall
be responsible for the recovery of the Goods from the Buyer.
The Buyer shall be entitled to a full refund (including delivery
costs) if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition
to your other rights, to cancel the Contract and receive a
refund by informing the Seller by email within 7 working days
of receipt of the Goods.
9.4 In the event of cancellation, the Seller shall be responsible
for the recovery of the Goods from the Buyer and the Seller
shall inform the Buyer within 21 days of cancellation of the
date when the Seller will collect the Goods. The Buyer will
be under a duty to take care of the Goods until they have
been recovered. The Buyer will receive a refund of all monies
paid for the Goods (including delivery charges, if any) within
30 days of cancellation.
9.5 Goods to be returned must clearly show the order number
obtained from the Seller on the package.
9.6 Where returned Goods are found to be damaged due to the
Buyer’s fault the Buyer will be liable for the cost
of remedying such damage.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing
as a Consumer, in the event of any breach of these Terms and
Conditions by the Seller the remedies of the Buyer shall be
limited to damages which shall in no circumstances exceed
the Price of the Goods and the Seller shall under no circumstances
be liable for any indirect, incidental or consequential loss
or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or
limit the liability of the Seller for death or personal injury
resulting from the negligence of the Seller or that of the
Seller’s agents or employees.
11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing
any of its rights under this contract shall prejudice its
rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to
perform any of its obligations if the delay or failure results
from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs,
accidents, war, fire, breakdown of plant or machinery or shortage
or unavailability of raw materials from a natural source of
supply, and the Seller shall be entitled to a reasonable extension
of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is
held invalid, illegal or unenforceable for any reason by any
court of competent jurisdiction such provision shall be severed
and the remainder of the provisions hereof shall continue
in full force and effect as if these Terms and Conditions
had been agreed with the invalid illegal or unenforceable
provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions
at any time. but this right shall not affect the existing
Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and the parties hereby
submit to the exclusive jurisdiction of the English courts.
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