Terms and conditions for sale of goods to business or consumer
These terms and conditions regulate the business relationship between you and us. If you offer or accept our offer for any goods, our contract is in the terms set out below.
We are: The Cotton Tent Company Ltd
Our address is: Pigeon House Cottage, Hampton, Dorchester. Dorset. DT2 9DZ. United Kingdom
You are: The Customer
The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Goods” means any goods we offer for sale.
“Written Material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.
Our contract with you
2.2 It is possible that the price may have increased from that posted in our Written Material.
2.3 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.4 If we do not have the Goods you order in stock, we will offer you alternatives before we dispatch your order. If this happens you may:
1. accept the alternatives we offer;
2. cancel your order;
3. leave the order valid, but tell us to omit the out-of-stock item.
2.6 We are not experts about goods like these Goods. You may not rely on our expertise.
2.7 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.
Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it unless by prior agreement
3.2 Banking 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.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in installments if the goods are not available at the same time for delivery.
Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 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 of residence.
7.1 Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.2 You must tell us you wish to cancel within 14 days of your receipt of the Goods;
7.3 In any event, you may not cancel orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised goods;
7.4 The Goods must be returned to us within 21 days of your telling us you wish to cancel:
with both goods and all packaging in their original condition;
including our delivery slip;
at your risk and cost.
7.6 If you do not return the Goods to us, you are still liable to us for the cost.
7.7 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8.1 We may make improvements or changes to our Written Material or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Written Material may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
the adequacy or appropriateness of the Goods and Services for your purpose.
the truth of any information given in our Written Material;
any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
compliance with any law;
non-infringement of any right.
8.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
8.5 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9.1 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
10.1 Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.
Rights of third parties
11.1 Nothing in this agreement shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
12.1 If any of these terms 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.
13.1 No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.1 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15.1 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
16.1 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.