If you are entering into this contract as a Consumer that is, a natural person acting for purposes outside your trade, business or profession, you have additional protections. We set these out in paragraph 9. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (here on in referred to as “Products”) listed on our website heathfieldcarnival.co.uk (here on in referred to as “our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, 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 heathfieldcarnival.co.uk is a site operated by Wealden Business Network (here on in referred to as “we”). We are operating as a sole trader, and our main contact address is 14 The Oaks, Heathfield, East Sussex. TN21 8YA.
2. YOUR STATUS
2.1 By placing an order through our site, you warrant that:
2.1.1 You are legally
capable of entering into binding contracts; and
2.1.2 You are at least 18 years
old; and
2.1.3 Your delivery address is based in the United Kingdom.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 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.
3.2 The Contract
will relate only to those Products whose dispatch we have confirmed in the
Dispatch Confirmation. We will not be obliged to supply any other Products
which may have been part of your order until the dispatch of such Products
has been confirmed in a separate Dispatch Confirmation.
4. OUR STATUS
4.1 Please note that in some cases, we accept orders as agents on behalf of
third party sellers. The resulting legal contract is between you and that third
party seller, and is subject to the terms and conditions of that third party
seller, which they will advise you of directly. You should carefully review
their terms and conditions applying to the transaction.
4.2 We may also provide
links on our site to the websites of other companies, whether affiliated with
us or not. We cannot give any undertaking, that products you purchase from
third party sellers through our site, or from companies to whose website we
have provided a link on our site, will be of satisfactory quality, and any
such warranties are disclaimed by us absolutely. This disclaimer does not affect
your statutory rights against the third party seller. We will notify you when
a third party is involved in a transaction, and we may disclose your customer
information related to that transaction to the third party seller.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership
of the Products will only pass to you when we receive full payment of all sums
due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time,
except in cases of obvious error.
7.2 These prices include are not subject to VAT and include delivery
costs, as set out in our Delivery
Guide.
7.3 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.
7.4
Our site contains a large number of Products and it is always possible that,
despite our best efforts, some of the Products 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.
7.5 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.
7.6 Payment for all Products must be
by credit or debit card. We will charge your credit or debit card the full
amount before we dispatch your order. We accept payment by bankers draft or
cheque, however we will not dispatch or release the Products until payment
has cleared.
8. OUR REFUNDS POLICY
8.1 We warrant to you that any Product purchased from us through our site
is of satisfactory quality and reasonably fit for all the purposes for which
products of the kind are commonly supplied.
8.2 When you return a Product to
us:
8.2.1 because you are a Consumer and you have cancelled the Contract between
us within the seven-day cooling-off period (see paragraph 9.3), we will process
the 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.
8.2.2 for any other reason (for instance, because you have notified
us in accordance with paragraph 19 that you do not agree to any change in these
terms and conditions or in any of our policies, or because you claim that the
Product is defective), we will examine the returned Product and will notify
you of your refund via e-mail within a reasonable period of time. We will usually
process the refund due to you as soon as possible and, in any case, within
30 days of the day we confirmed to you via e-mail that you were entitled to
a refund for the defective Product. Products returned by you because of a defect
will be refunded in full, including a refund of the delivery charges for sending
the item to you and the cost incurred by you in returning the item to us.
8.3
We will usually refund any money received from you using the same method originally
used by you to pay for your purchase.
9. YOUR RIGHTS AS A CONSUMER
9.1 If you are a business this paragraph does not apply to you; please refer
to paragraph 10.
9.2 These terms and conditions shall not affect your statutory
rights. As a Consumer, you have certain statutory rights regarding the cancellation
of contracts and the return of defective goods and claims in respect of losses
caused by any negligence on the part of the seller or failure by the seller
to carry out its obligations. For further information about your statutory
rights you should contact your local authority Trading Standards office or
Citizens Advice Bureau.
9.3 As a Consumer you have until seven working days
after you receive the Products to cancel your Contract. In this case, you will
receive a full refund of the price paid for the Products in accordance with
our refunds policy (set out in paragraph 8).
9.4 To cancel a 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 Products 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.
9.5 Further details
of this right to cancel, and an explanation on how to exercise it, are provided
in the Dispatch Confirmation.
9.6 You must examine the Product as soon as reasonably
possible after delivery and notify us of any fault or damage as soon as reasonably
possible.
9.7 Our liability for losses you suffer as a result of us breaking
this agreement is strictly limited to the purchase price of the Product you
purchased.
9.8 You are responsible for any loss or damage to the Product except
if such loss or damage is:
(a) caused by us or our employees;
(b) due to a fault or damage in the Product
arising from a manufacturing design or design fault.
9.9 We are not responsible
for losses that are not foreseeable to either party when you place your order
with us. Losses are foreseeable where they may be contemplated by you and us
at the time your order is accepted by us.
9.10 As you are a Consumer we are
not liable for losses that were caused by business losses (for example a loss
of profit) and or losses incurred by non-consumers.
9.11 We do not exclude or
limit our liability:
9.11.1 For death or personal injury caused by our negligence;
or
9.11.2 Under section 2(3) of the Consumer Protection Act 1987; or
9.11.3 For
fraud or fraudulent misrepresentation; or
9.11.4 For any matter for which it
would be illegal for us to exclude, or attempt to exclude, our liability.
10. OUR LIABILITY TO BUSINESSES
10.1 On delivery of the Product you shall have three (3) days in which to
inspect the Product. We shall deem the Product as accepted if you fail to notify
us of your rejection of the Product in writing. If you notify us under this
paragraph, you may be entitled to a refund under paragraph 8.
10.2 Providing
the Product has not been altered or damaged we shall have the option of repairing
or replacing the goods within a reasonable time. You will accept such repair
or replacement in satisfaction of any claim.
10.3 Our liability for losses you
suffer as a result of us breaking this agreement is strictly limited to the
purchase price of the Product you purchased.
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: loss
of income or revenue, loss of business, loss of profits or contracts, loss
of anticipated savings, loss of data, loss of data, or waste of management
or office time however arising and whether caused by tort (including negligence),
breach of contract or otherwise, even if foreseeable;
10.5 Nothing in paragraph
10.4 shall prevent claims for loss of or damage to your tangible property that
fall within the terms of paragraph 8.1 or paragraph 10.3 or any other claims
for direct financial loss that are not excluded by any of the categories stated
in paragraph 10.4.
10.6 Where you buy any Product from a third party seller
through our site, the seller’s individual liability will be set out in
the seller’s
terms and conditions.
10.7 We do not exclude or limit our liability:
10.7.1 For death or personal
injury caused by our negligence; or
10.7.2 Under section 2(3) of the Consumer
Protection Act 1987; or
10.7.3 For fraud or fraudulent misrepresentation; or
10.7.4 For any matter for which it would be illegal for us to exclude, or
attempt to exclude, our liability.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the UK, they
may be subject to import duties and taxes which are levied when the delivery
reaches 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 the products are destined. We will not be liable for any breach by
you of any such laws.
12. 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 paragraph does not affect your statutory rights.
13. NOTICES
All notices given by you to us must be given to Wealden Business Network, 14 The Oaks, Heathfield, East Sussex. TN21 8YA or emailed to us at sales@heathfieldcarnival.co.uk. 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 ways specified in paragraph 12. 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 email, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective
successors and assigns.
14.2 You may not transfer, assign, charge or otherwise
dispose of a Contract, or any of your rights or obligations arising under it,
without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract
or otherwise dispose of a Contract, or any of our rights or obligations arising
under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay
in performance of, any of our obligations under a Contract that is caused by
any act, event, omission or accident beyond our reasonable control and including
in particular (without limitation) the following:
15.1.1 Strikes, lock-outs
or other industrial action.
15.1.2 Civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or threat
or preparation for war.
15.1.3 Fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster.
15.1.4 Impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private transport.
15.1.5
Impossibility of the use of public or private telecommunications networks.
15.1.6
The acts, decrees, legislation, regulations or restrictions of any government.
15.2
Our performance under any Contract is deemed to be suspended for the period
that the event under paragraph 15.1 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 such event to a close or to find a solution by which our
obligations under the Contract may be performed despite such event.
16. WAIVER
16.1 If we fail, at any time during the term of a 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.
16.2 A waiver by us of any default shall not constitute
a waiver of any subsequent default.
16.3 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 paragraph 13.
17. SEVERABILITY
If any of these terms and conditions or any provisions of a 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.
18. ENTIRE AGREEMENT
18.1 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 any Contract and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing.
18.2 We each acknowledge that, in entering
into a Contract, neither of us has relied on any representation, undertaking
or promise given by the other or be implied from anything said or written in
negotiations between us prior to such Contract except as expressly stated in
these terms and conditions.
18.3 We intend to rely upon these terms and conditions
and any document expressly referred to in them in relation to the subject matter
of any Contract. While we accept responsibility for statements and representations
made by our duly authorised agents, please make sure you ask for any variations
from these terms and conditions to be confirmed in writing.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 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.
19.2
You will be subject to the policies and terms and conditions in force at the
time that you order products 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 Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Your agreement to use of this website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.