Terms & Conditions
TERMS OF TRADING
CURRENCY We are based in England, and all prices are stated in GBP only.
DELIVERY Despatch is usually within 14 days from the day your order is placed. In the instance of any items being out of stock these will be kept on back order to be sent at a later date.
OWNERSHIP TITLE Ownership in goods sold under this contract shall not pass on to you until payment has been made in full of all sums due and payable by you in respect of the goods.
SALE OR RETURN In the rare occasion of faulty goods or wrong items being delivered, they must be returned within 14 days from the date of despatch.
OTHER Please note that Rowena Cravenheart reserves the right to change/amend terms and conditions of trading without prior notice. Rowena Cravenheart also reserves the right to withdraw any product line from sale with immediate effect.
TERMS AND CONDITIONS
These conditions govern your relationship with Rowena Cravenheart. All Orders for Goods or Services accepted by us will be subject to the following Terms and Conditions which will form part of and will govern the Contract of sale. No variations of these Terms and Conditions will be accepted unless agreed in writing by The Rowena Cravenheart . We will not accept inclusion of any alternative Terms and Conditions by a Customer which conflict with, alter or add to these Terms.
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1 DEFINITIONS
"Customer" (otherwise referred to as "You") means an entity who enters into a legal contract with us to buy Goods and Services other than for private use.
"Supplier" (otherwise referred to as "We") means Rowena Cravenheart, and registered office at 30 Beacon Street, Lichfield, WS13 7AJ.
"Conditions" means the terms and conditions set out in these Terms and Conditions for Customers and include any special terms agreed in writing between the Supplier and the Customer.
"Contract" means each contract for the sale and purchase of the Goods made in accordance with these Conditions.
"Order Confirmation" means our written acceptance of your order.
"Goods" means the Goods (including any instalment of the Goods or any parts for them) which We supply in accordance with these Conditions.
"Services" means Services and Support provided by us in accordance with these Conditions.
"Price" means the price due from You, plus any Additional Charges, calculated in accordance with Condition 3.
"Additional Charges" means the costs of carriage where applicable, any additional packaging, any taxes, duties or other charges levied by any Government or authority in respect of or by reason of the sale, delivery, export or import of the Goods, courier and messenger costs and any other additional charges payable by the Customer in addition to the Price.
"Delivery Address" means the point to which the Goods are to be delivered as set out in the Order Confirmation or as otherwise agreed between the parties in Writing.
"Working Days" means a day from Monday to Friday 9.00am to 5.00pm other than a public or bank holiday in England.
"In Writing" and any similar expression, includes communications by post facsimile transmission and email but excludes text messages.
2 BASIS OF THE SALE
2.1 We shall sell the Goods and/or Services in accordance with any written quotation of the Supplier which is accepted by You or written order of the Customer which is accepted by us, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 We will accept your offer and create a Contract with You by sending to You an Order Confirmation once we have confirmed availability of the Goods or Services, verified your payment details as necessary and prepared the Goods for dispatch. We reserve the right to obtain validation of your payment details before providing you with any Goods or Services.
2.3 The Order Confirmation will be binding on You unless there is an unacceptable discrepancy between the Goods or Services that You ordered and those detailed in the Order Confirmation. You should notify us as soon as You become aware of any such discrepancy and in any event prior to the dispatch of the Goods.
2.4 No variation to these Conditions shall be binding unless agreed in Writing by us.
2.5 We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by us. Any such minor variation will not give You the right to cancel or rescind any Order or Contract made with us. Images of Goods are provided for illustrative purposes only and the actual Goods You receive may differ from the image displayed online.
2.6 When You place an Order, you are undertaking to us that:
2.6.1 all details You provide to us for the purpose of purchasing Goods or Services are correct, and
2.6.1 the credit or debit card You use to make a purchase from us is your own card, that You are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Goods or Services You order.
2.7 We cannot accept cancellation of an Order for bespoke Goods which have been produced to your specific requirements.
3 SPECIFICATIONS
3.1 If the Goods are to be manufactured or altered or any process is to be applied to the Goods by us in accordance with a specification submitted by You, You shall indemnify us against all loss, damages, costs and expenses incurred by us in connection with any claim for infringement of any patent, copyright, design, trade mark or other intellectual property rights. We give no warranty that any Goods based on the specification by You will be fit for their intended purpose.
3.2 We may make any changes in the specification of the Goods and/or Services which are required to conform to any applicable statutory requirements or which do not materially affect their quality or performance. We shall at our discretion pass on costs to You for such changes requested by You.
3.3 All drawings, designs, specifications and other information provided by us are confidential and all rights of copyright ownership and other intellectual property rights in respect of them shall remain vested in us and shall not pass to You.
4 QUOTATIONS
4.1 All quotations and price lists shall not constitute offers by us and are subject to withdrawal at any time by us without prior notice.
4.2 Any acceptance of any quotation or price list will constitute an offer by You to purchase the Goods and the Contract shall only be made when the we issue the Order Confirmation or if no Order Confirmation is issued when the Goods are delivered in accordance with Condition 6 and the Conditions shall be deemed to be incorporated into the Contract.
4.3 We reserve the right to withdraw or amend a quotation at any time before receipt of an unqualified order from You and each quotation shall be deemed withdrawn unless accepted within the period for acceptance stated on the quotation, or if no such period is stated, 30 days from the date of the quotation.
5 PRICE OF GOODS/SERVICES
5.1 The price of the Goods and/or Services shall be the price specified on our Order Confirmation or, if none, the price specified in our quotation or, if none, our published price list current at the date of supply of the Goods and/or Services shall apply.
5.2 We may vary the price of the Goods and/or Services at any time before delivery to reflect any change in the cost to us which is due to any factor beyond our control (including but not limited to, foreign exchange fluctuation, currency regulation, increase in the costs of labour, materials or other costs of manufacture or distribution), any change in delivery dates, quantities or specifications for the Goods and/or Services which is requested by You, or any delay caused by any instructions from You or failure by You to give us adequate information or instructions.
5.3 All prices are given by us exclude shipping fees and other duties. You shall be liable to pay those duties.
6 TERMS OF PAYMENT
6.1 We shall be entitled to invoice You for the Price and any Additional Charges at any time after the Contract has been made.
6.2 Unless We have agreed otherwise in Writing, all invoices must be paid by You in full at point of sale once order has been accepted by us without any set off or other withholding. Time for payment of our invoices shall be of the essence of the Contract.
6.3 Notwithstanding Condition 4.2 We reserve the right in any case (without any reason being given) to require You to make payment in full for any order prior to delivery.
6.4 If any payment due to us by You under this or any other contract is not made strictly in accordance with Condition 6 or any credit account or other terms agreed by us in Writing, the following provisions shall apply:
6.4.1 all invoices which are unpaid under this and any other contract (irrespective as to whether or not payment has fallen due) shall become immediately payable in full; and
6.4.2 We reserve the right to:
6.4.2.1 cancel the Contract or any other order or contract (or any part or parts thereof) or suspend deliveries. Any claims by us against You in respect of any cancelled orders or otherwise shall not be prejudiced in anyway;
6.4.2.2 sell or otherwise dispose of the Goods and/or any goods which are the subject of any order by You, whether or not appropriated thereto, and apply the proceeds of sale to the overdue payment;
6.4.2.3 charge You interest (both before and after judgment) on any amount unpaid from the date of the invoice at the rate of 8% above the Bank of England base rate from the date any invoice becomes overdue in accordance with the Late Payment of Commercial Debts (Interest) Act 1998;
6.4.2.4 appropriate any payment made by You to such of the Goods (or goods supplied under any other contract) as We may think fit;
6.4.2.5 charge You in full for all and any losses, liabilities, compensation, costs, charges and expenses (both before and after the issue of any proceedings and irrespective of whether awarded by the court) sustained or incurred by us in connection with the recovery or attempted recovery of any such overdue payments and any interest accruing thereon.
6.5 Our invoices are calculated by computer and nett invoice prices are calculated to two decimal places.
7 DELIVERY OF GOODS
7.1 Unless otherwise agreed between the parties the Goods shall be deemed delivered when they are delivered to the Delivery Address by our courier.
7.2 Risk in the Goods shall pass to You in accordance with Condition 10.1.
7.3 Offers to supply Goods from stock or on or within a given time period are made subject to the availability of the Goods at a given time. Whilst every effort is made to meet collections or delivery arrangements these are approximate only and unless otherwise expressly stated time is not of the essence for delivery or We will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform.
7.4 No delay shall entitle You to either refuse to take delivery of the Goods or refuse to make payment of any invoice or part of any invoice issued by us or to claim that the Contract has been repudiated.
If You cannot accept delivery, We may re-arrange delivery provided that We reserve the right to charge You for any delivery costs incurred.
7.5 Upon delivery of the Goods, You may be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, You should either note this on the Proof of Delivery or refuse delivery of the Goods.
7.6 We shall not be liable for discrepancies or damage evident on delivery where You accept delivery and sign the Proof of Delivery without amendment.
7.7 You may request a Proof of Delivery, provided that this request is made within 30 days of the dispatch confirmation and We shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
7.8 Where delivery is made by us to You, We will consider a claim by You in respect of loss or damage in transit only if You:
7.8.1 give Written notice to us within 48 hours after delivery or non-delivery of the Goods; and
7.8.2 comply in all respects with our carrier’s conditions of carriage for notifying claims for loss or damage in transit where the Goods are transported by our carrier.
7.9 We shall be entitled to make good any shortage or non-delivery of a consignment of the Goods.
7.10 Should You refuse to take delivery of the goods, We reserve the right to charge You any and all storage costs incurred.
7.11 Delivery may be made in instalments with prior agreement with us, at our discretion.
8 RETURNS
8.1 Other than the express provisions set out in these Terms, all other terms and the implied terms relating to the supply of goods or services are excluded to the fullest extent permitted by English law.
8.2 In the event that You need to return Goods, then You must notify us of every return so that we are able to administratively process the return, otherwise We have no means of identifying the Goods being returned and this may result in difficulties in returning monies.
8.3 In the event that any Goods Delivered to You do not correspond with the Goods in the Order Confirmation, or have been Delivered to You by mistake, then You will be under a duty to take reasonable care of such Goods and to contact us within 48 hours of delivery. We will then arrange for a courier to collect the Goods and replacements to be supplied on a credit and recharge basis.
8.4 Care of Goods to be Returned
Whilst in possession of the Goods You will be under a duty to take reasonable care of them. We reserve the right to refuse a refund on Goods returned which have been made unfit for resale or damaged whilst in your possession. It is your responsibility to package and secure the Goods prior to collection to prevent damage during their return to us.
8.5 If You return Goods to us for whatever reason, Goods should be delivered to: 30 Beacon Street, Lichfield, WS13 7AJ
8.6 If We arrange for courier collection of Goods, this will normally take place between 9.00am and 5.00pm Monday to Friday and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
8.7 We accept no liability for Products which have subsequently been altered or configured by persons other than ourselves or our agents.
9 RISK AND TITLE
9.1 Risk in the Goods shall pass to You:
9.1.1 at the time of delivery in accordance with Condition 7; or
9.1.2 if You wrongfully fail to take delivery, risk shall pass to You at the time when We have tendered delivery of the Goods or where We are not responsible for delivery of the Goods to premises other than its own at the time.
9.2 Notwithstanding delivery and the earlier passing of risk, title in the Goods supplied by us shall remain with us and shall not pass to You until the Price, any Additional Charges and all sums due under the Contract and any other contract between the parties has been paid in full.
9.3 Nothing in the Contract will constitute You to be acting as the agent of us in respect of any re-sale of the Goods by You so as to confer upon a third party rights against us.
10 LIMIT OF RESPONSIBILITY
10.1 It shall be the responsibility of You to:
10.1.1 carefully inspect and check the Goods as soon as practicable after receipt thereof to ensure that they are in accordance with the order placed by You. This should preferably be done before Proof of Delivery/signature of our delivery note or failing that within 48 hours of receipt of the Goods after which period You shall be deemed to have accepted the Goods and we shall have no liability for any defect or failure and You shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract. You agree that such a period is reasonable. Your rights of acceptance and/or rejection of the Goods shall be constructed in all respects in accordance with this Condition and any other rights for You in respect of acceptance, and/or rejection whether statutory or otherwise are hereby excluded; and
10.1.2 take all steps which are reasonably practicable to mitigate any loss in respect of any Goods which are defective and we shall not be responsible for any loss which would have been avoided if such steps had been taken.
10.2 To the extent permitted by law we disclaim all warranties with regards to the Products either expressed or implied including but not limited to any implied warranties of satisfactory quality or fitness for any particular purpose.
13 FORCE MAJEURE
13.1 We shall not be liable to You or be deemed in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation to) strikes, act of God, or other Governmental Act, fire, accident, war, riot, or delay in transportation.
13.2 where Condition 13.1 applies, We shall be entitled to cancel delivery of the Goods in whole or in part and shall not be bound to obtain in the market goods with which to replace Goods delivery of which has been cancelled as a result of any such events.
14 MISCELLANEOUS
14.1 A person who is not a party to the Contract has no right under the Contract (Right of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party which exits or is unavailable apart from that Act.
14.2 The validity of the Contract shall be governed by the Laws of England and Wales and the parties irrevocably agree that any dispute arising shall be within the exclusive jurisdiction of the English Courts.
14.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing to that other party at its registered office or principal place of business or such other address as may have been notified in Writing to the other party at the relevant time pursuant to this provision to the party giving the notice. Notices sent by first class delivery mail shall be deemed to have been served on the next Working Day after posting where the notice is sent and received within the United Kingdom, or 7 Working Days following posting where the notice is sent and/or received outside of the United Kingdom. Any notice delivered personally or sent by e-mail shall be deemed served at the time of personal delivery or transmission, provided the same occurs on a Working Day. To prove service it shall be sufficient to show that the email was transmitted to the email address of the other party or that the envelope containing the notice was properly addressed and posted.
14.4 The headings of these Conditions are for ease of reference only and do not affect their construction or scope.
14.5 The singular, where appropriate includes the plural and vice versa.
14.6 If any provision of these Conditions is held by any competent authority to be valid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
14.7 No waiver by us of any breach of the Contract by the You shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.8 The Contract constitutes the entire agreement between the parties in relation to its subject matter, supersedes any previous agreement or understanding and may not be varied except in Writing between the parties. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
14.9 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for or to bind another party in any way.
14.10 Each party to the Contract shall at the request and expense of the other execute and do any deeds and other things reasonably necessary to carry out the provisions of the Contract or to make it easier to enforce.
14.11 We reserve the right to amend these Conditions without prior notice. In any future dealings with us, You will be bound by any amended Conditions that appear here.