 | |  |  |  | | Whitchurch Antiques Online Shop 01948 662626 |
| Beds, mattresses,
three piece suites,
pine and oak furniture
delivered throughout the UK |
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1.1 These terms and conditions (“the Terms”) set out the basis upon which
Whitchurch Antiques (“we”, “us” or “our”) will supply goods via our website
www.shropshirefurniture.co.uk (the “Site”) to the customer named on the order
form completed on the Site (“you” or “your”) and upon which you may access and
use the Site.
1.2 Please read these Terms carefully before using the Site or ordering any
product from us. Together with the completed order form these Terms form the
entire and only agreement between you and us to the exclusion of all other terms
or conditions. Our acceptance of your order by delivery to you of the goods
ordered constitutes a legally binding contract between us. By accessing or using
the Site or ordering any product from us you (meaning yourself and any company
or other entity or business for whom you work or otherwise represent) agree to
be legally bound by these Terms as they may be modified and posted on the Site
from time to time. If you do not agree to the Terms (or are not authorised to do
so) you should not use, access or order from the Site. We recommend you print
the terms and keep them for future reference.
Ordering.
2.1 We reserve the absolute right to alter, suspend, withdraw or discontinue
without notice any product on or aspect of the Site including these Terms and we
further reserve the right to refuse to accept any order or to supply any goods
entirely at our discretion.
2.2 When you place an order we will automatically send you an email to
acknowledge receipt of the order. This is not an order confirmation or
acceptance of your order by us. No order shall be deemed to have been accepted
until you have received confirmation from us by e-mail, telephone or other means
that your order has been accepted and no contract formed until we have received
full payment on cleared funds.
2.3 Acceptance of your order and completion of the contract between you and us
will take place on the despatch by us to you of the goods ordered unless we have
notified you that we do not accept your order or you have previously cancelled
it.
Cancellation of orders
3.1 You have a right to cancel your order for any goods purchased via the Site
at any time up to 7 days after receipt of your goods for a full refund,
excluding the cost of return postage or delivery, provided you have kept the
goods as new until received by us, do not use them and return the complete goods
as you received them.
3.2 To cancel an order you should email or write to us at the address set out in
clause 1 no later than 7 days after delivery of your goods, quoting your order
number.
3.3 We will at your request arrange for collection of any goods which are the
subject of a cancelled contract. Our collection charge is £75 or 30% of the cost
of the goods, whichever is the greater. This amount will be deducted from any
refund made to you following collection of the goods.
Prices
4.1 The price that you pay is the price displayed on this Site at the time that
you place your order unless, at such time the price displayed on the site is
incorrect. In this case we will notify you of the error and the correct price
and give you the option of confirming or cancelling your order. Our prices are
in Great Britain Pounds Sterling and are inclusive of VAT. Time shall be of the
essence for payment.
4.2 We reserve the right to change any advertised prices at any time.
4.3 During the ordering procedure you will be required to enter credit or debit
card details and we will take payment from such card at the time of your order
once we have verified the card details and confirmed stock availability.
4.4 Title to any goods that you order will pass to you upon delivery provided we
have received payment in full. If we have not received payment in full at the
date of delivery then title shall not pass until such payment is received in
cleared funds.
4.5 If you have a credit account and you do not make any payments by the due
date we may at out sole discretion suspend your account including any orders
placed but not yet completed until your account balance is paid in full.
Delivery
5.1 We endeavour to deliver within 5 working days after the placing of your
order unless we notify you to the contrary. All deliveries are subject to
payment authorisation or receipt of payment in cleared funds. If an item is
temporarily out of stock we will contact you via e-mail or the telephone number
that you provided when placing the order to attempt to arrange a later delivery
date. If this is not satisfactory to you, we will offer you a refund. We make
every effort to deliver goods within the estimated timescales but delay may
occasionally occur. We shall be under no liability as a result of any delay or
failure to deliver the goods within the estimated timescale.
5.2 Delivery will be charged at our current rates notified to you at the time
you place your order.
5.3 Our standard times of delivery are between 8.30am to 5.00pm Monday to
Friday. If you have any special delivery requirements then you must notify us
when placing your order. Failed deliveries where no one is available to receive
goods may be subject to a further standard delivery charge.
5.4 Risk of loss or damage to a product passes to you at the time of delivery
or, if delivery is not possible at the time and date notified, at such time as
we attempt first delivery.
5.5 You irrevocably authorise us and grant us a licence to enter upon any
premises where the goods are situated and take possession of and remove the
goods at your expense if at any time after the purchase price (or any part
thereof) has become due and has not been received in full or if the purchase
price has not been received in full (whether or not the payment has become due)
upon the appointment of a receiver of the whole or any part of your undertaking
or upon you entering liquidation or bankruptcy or upon you compounding with your
creditors or taking or suffering any similar action in consequence of debt or
upon us having reasonable doubts as to your willingness or ability to pay for
the goods on the due date
Returns, damaged or faulty goods
6.1 Please examine the goods on delivery in case they are damaged or faulty. If
you inform us within 7 days of delivery that the goods are delivered damaged or
faulty we will generally replace them.
6.2 If you do not inform us within 7 days we shall have no liability for goods
said to be damaged on delivery. This does not affect your statutory rights.
6.3 Occasionally if product specifications change or we have insufficient stock
to meet your order we may supply and deliver a substitute product or refund any
amount paid for such goods. If you are not happy with any substituted goods then
you may cancel the order and return them in accordance with clause 4 above.
Liability
7.1 We provide this Site strictly on an “as is” basis and unless expressly
stated, we do not make any representations nor give any warranties in respect of
the Site or the goods available on the Site. To the extent permitted by the
applicable law, we hereby expressly exclude all warranties, conditions,
representations or duties whatsoever and howsoever arising (whether express or
implied) including but not limited to any representations or warranties as to
the information, content, prices, materials or products included in this Site,
the ownership of intellectual property or other rights in the Site and the
content, or the fitness for a particular purpose of, any goods or services
referred to at any time on the Site, any express or statutory warranties, and
any warranties or duties regarding accuracy, timeliness, completeness,
performance, availability, lack of negligence or of workmanlike effort.
7.2 To the fullest extent allowed by applicable law, you agree that we will not
be liable to you or your business under any circumstances whatsoever (whether in
contract, negligence or any other tort, breach of statutory duty or otherwise)
for any loss of profits, income, business interruption, loss of business
information or for the increase in any costs, liabilities or expenses or any
other losses whatsoever and however arising directly or indirectly out of or in
connection with or relating to the Site and we shall not be liable for any loss,
damages, costs, expenses or other liability which you incur or suffer as a
result of your use of the Site or the purchase of goods through the Site.
7.3 You are responsible for ensuring that your computer system meets all
relevant technical specifications necessary to use the Site and is compatible
with the Site. You also understand that we cannot and do not guarantee or
warrant that the Site or any material available for downloading from the Site or
sent to you by email will be free from infection, viruses, worms and/or other
code that has contaminating or destructive properties. You are responsible for
implementing sufficient procedures and virus checks (including anti-virus and
other security checks) to satisfy your particular requirements for the accuracy
of data input and output.
7.4 We take all such steps as are reasonably necessary to provide a fast and
reliable service, but exclude to the fullest extent permitted by law any
liability for the security of the services on the Site or for any disruption of
the Site however caused, loss of or corruption of any material in transit, loss
of or corruption of material when downloaded onto any computer systems or loss
or corruption of material on your computer system however caused.
7.5 Notwithstanding any of the above our, subject to clause 8.6 below, our
aggregate liability (in contract, tort or otherwise) for loss or damage arising
from one event or a series of events attributable to the same cause shall be
limited to refunding the sum paid by you for the goods in respect of which such
liability arises or, at our discretion, replacing such goods.
7.6 Notwithstanding anything else contained in the provisions of this clause 8,
our liability will not be limited in the case of death or personal injury
directly caused by our negligence or fraudulent misrepresentation.
7.7 This clause does not affect any statutory rights that you may have as a
consumer.
Intellectual property
8.1 You acknowledge and agree that all copyright, trade marks and all other
intellectual property rights in all materials and/or content made available as
part of your use of this Site shall remain at all times vested in us or our
licensors. You are permitted to use this material only as expressly authorised
by us or our licensors.
8.2 You acknowledge and agree that the material and content contained within
this Site is made available for your personal non-commercial use only and that
you may only download such material and content for the purpose of using this
Site. You further acknowledge that any other use of the material and content of
this Site is strictly prohibited and you agree not to (and agree not to assist
or facilitate any third party to) copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such material and
content.
Site content
8.3 Images on our website do not show the actual size of items. All sizes and
measurements are approximate but we do try to make sure that they are as
accurate as possible. On the rare occasion that there is an error, we will seek
to advise you about it as soon as possible.
Personal details
8.4 We will use any personal information collected during your use of the Site in
accordance with current UK data protection legislation and our privacy policy.
Governing law and jurisdiction
These terms and any contract concluded between you and us is subject to the laws
of England and Wales and you acknowledge and agree that all disputes arising out
of such contract shall be subject to the exclusive jurisdiction of the courts of
England. Those who access the site from other locations are responsible for
compliance with their local laws and taxes as applicable.
General
9.1 You may not assign, sub-licence or otherwise transfer any of your rights
under these terms.
9.2 We may assign or subcontract any or all of our rights and obligations under
these terms.
9.3 We may alter these terms from time to time and post the new version on the
Site. We indicate at the beginning of these terms the date on which they were
last updated. If you use the Site after we have published such changes you are
agreeing to be bound by them.
9.4 If any provision or term of these Terms, or any part of any provision or
term, shall become or be declared illegal, invalid or unenforceable for any
reason whatsoever, such term or provision or part thereof shall be divisible
from and be deemed to be deleted from them. The validity of the remaining terms
will be unaffected and they shall remain in full force and effect.
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