WEBSITE TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods ("Goods") listed on our website www.ecsnaith.com ("our site") to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information About Us
1.1 www.ecsnaith.com is a site operated by E.C.Snaith Limited ("we"). We are registered in England and Wales under company number 06662497 and with our registered office at Crowe Clark Whitehill LLP, Black Country House, Rounds Green Road, Oldbury, West Midlands, B69 2DG.
2. Service Availability
Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside those countries.
3. Your Status
By placing an order through our site, you warrant that:
3.1 You are legally capable of entering into binding contracts; and
3.2 You are at least 18 years old;
3.3 You are resident in one of the Serviced Countries; and
3.4 You are accessing our site from that country.
4. How the Contract is Formed between You and Us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
5. Consumer Rights
5.1 If you are contracting as a consumer, you may cancel your Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refund policy (set out in clause 10 below).
5.2 To cancel the Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel the Contract for the supply of any Goods which you have made or altered to your order or specification or which have been personalised in any way ("Bespoke Goods").
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6. Availability and Delivery
6.1 We will deliver the Goods to you within seven calendar days of the date set out in the Dispatch Confirmation.
6.2 Delivery of the Order shall be completed when we deliver the Goods to you.
6.3 We will take reasonable steps to meet the delivery date set out in the Dispatch Confirmation or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
6.4 If you fail to take delivery of an order then, except where this failure is caused by our failure to comply with these Terms or by any event beyond your control:
6.4.1 We will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses;
6.4.2 We shall have no liability to you for late delivery.
6.5 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
7. Risk and Title
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
8. Price and Payment
8.1 The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Goods must be made via an account opened by prior arrangement with us (subject to credit acceptance) or by credit or debit card. We accept payment with Visa, Master Card and Discover. We will not charge your account, credit or debit card until we despatch your order.
9. Our Returns Policy
9.1 You may return unused Goods to us for a full refund up to 30 days after delivery so long as they are not Bespoke Goods, they will not have been worn or altered in any way, are still in the original packaging and are otherwise fit to be returned to stock, Where you are dealing as a consumer, this right is an addition to your statutory rights to cancel the Contract as referred to in clause 5 above.
9.2 When you return a Product to us:
9.2.1 Because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process any refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
9.2.2 because you claim that the Product is defective, we will examine the returned Product and, if we are satisfied that the Product is defective, provide a full replacement or, where this is not possible because of discontinuance or other non-availability of stock, we will provide you with a full refund (including a refund of delivery charges for sending the item to you and the cost incurred by you in returning the item to us) as soon as possible and, in any case, within 30 days of the day we confirm to you via e-mail that you were entitled to a refund for the defective Product.
9.2.3 for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirm to you via e-mail that you are entitled to a refund.
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our Liability
10.1 We warrant to you any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which goods of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.3 This does not include or limit in any way our liability:
10.3.1 For death or personal injury caused by our negligence;
10.3.2 Under section 2(3) of the Consumer Protection Act 1987;
10.3.3 For fraud or fraudulent misrepresentation; or
10.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
10.4.1 loss of income or revenue
10.4.2 loss of business
10.4.3 loss of profits or contracts
10.4.4 loss of anticipated savings
10.4.5 loss of data
10.4.6 loss of data, or
10.4.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11. Import Duty
11.1 If your order Goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reached the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which Goods are destined. We will not be liable for any breach by you of any such laws.
12. Intellectual Property
12.1 All intellectual property rights (including patents, trademarks, trade secrets copyright, database rights, designs, inventions, know-how and any other industrial or intellectual property rights of any nature whatsoever, whether registered, registrable or not, whether present or future, in any part of the world) in all Goods (including, without limitation, all Goods described on our site and all Bespoke Goods ordered by you) shall (as between you and us) belong to and vest in us absolutely to the fullest extent permitted by law.
12.2 You are permitted to use our intellectual property for the sole purpose of ordering Goods from us and using such Goods for your own purposes.
12.3 Other than as set out in paragraph 12.2 above, you are not permitted to use, reproduce, copy or distribute our intellectual property or any Goods incorporating any of our intellectual property without our prior written consent.
13. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to orders(at)ecsnaith.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the way specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 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, that such e-mail was sent to be specified e-mail address of the addressee.
15. Transfer of Rights and Obligations
15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events Outside Our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2 .2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of the 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.
19. Entire Agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our Right to Vary these Terms and Conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
21. Law and Jurisdiction
Contracts for the purchase of Goods through our 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) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.