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Terms and Conditions of Sale |
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1. Interpretation
1.1 The definitions and rules of interpretation in this condition apply in these conditions:
You: the person, firm or company who purchases the Goods from the Company and “Your” shall be construed accordingly;
Company: Emma and Pickles Limited is a private limited company registered in England under number 06419175, whose registered office is at Pitt Cottage, Dinnington, nr Hinton St George, Crewkerne, Somerset TA17 8ST.
Contract: any contract between the Company and You for the sale and purchase of the Goods, incorporating these conditions;
Delivery Point: the place nominated by You in Your order, where delivery of the Goods is to take place under condition ; and
Goods: any goods agreed in the Contract to be supplied to You by the Company (including any part of them).
1.2
A reference to any particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3
Words in the singular include the plural and in the plural include the singular
1.4
A reference to one gender includes a reference to the other gender.
1.5
Condition headings do not affect the interpretation of these conditions.
2. Application of terms
2.1 Subject to any variation under condition the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which You purport to apply under any confirmation of order, specification, email or other document).
2.2
No terms or conditions endorsed on, delivered with or contained in Your order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3
These conditions apply to all the Company's sales whether made electronically, in written form or by phone and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
2.4 You may make an order to purchase Goods either via this website, or by phone using the number given, or in writing using the address given on the “Contact Us” page.
2.5
Each order for Goods by You from the Company shall be deemed to be an offer by You to buy Goods subject to these conditions
2.6 No order shall be deemed to be accepted by the Company until an acknowledgement of order by email or post is issued by the Company.
2.7
You are responsible for and shall ensure that the terms of Your order and any applicable specification are complete and accurate.
2.8
Any quotation sent via this site or otherwise by post is given on the basis that no Contract shall come into existence until the Company despatches its acknowledgement of order to You. Any amount quoted for the Goods in your shopping basket is valid for a period of 7 days only from its date.
3. Description
3.1 The quantity and description of the Goods shall be as set out in the Company's quotation or acknowledgement of order.
3.2
All descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained on the Company's website are published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not therefore to be construed in any way as a sale by sample.
4. Delivery
4.1 Unless otherwise requested by You when ordering, all Goods shall be delivered using first class Royal Mail post. Should you request same or guaranteed next day delivery or delivery overseas an additional amount will be payable by You, which will be advised at the time by the Company or in acknowledgement of Your order.
4.2
Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Delivery Point.
4.3
The Company will endeavour to despatch the Goods within 5 working days of acceptance by it of Your order.
4.4
Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence. If no dates are so specified, delivery shall be within a reasonable time. The Company shall not be bound to deliver within any time period prescribed by You.
4.5
Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle You to terminate or rescind the Contract unless such delay exceeds 30 days.
4.6
If for any reason You fail to accept delivery of any of the Goods when they are delivered, or the Company is unable to deliver the Goods on time because You have not provided appropriate instructions:
(a)
risk in the Goods shall pass to You;
(b)
the Goods shall be deemed to have been delivered; and
(c)
the Company may store the Goods, whereupon You shall be liable for all related costs and expenses (including, without limitation, collection by You, re-delivery by the Company, storage and insurance).
4.7
Any proven liability of the Company for proven non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time.
5. Risk/title
5.1 Subject to the provisions of clause 4.5 above, the Goods are at Your risk from the time of delivery.
5.2
Ownership of the Goods shall not pass to You until the Company has received in full in cleared funds all sums due to it in respect of:
5.3
the Goods; and
5.4
all other sums which are or which become due to the Company from You on any account.
6. Price
6.1 Unless agreed by quotation or otherwise by the Company in writing, the price for the Goods shall be the price set out in the Company's price list published on the date of ordering the Goods.
6.2
The price for the Goods shall be inclusive of any value added tax. All costs or charges in relation to packaging, carriage and insurance, You shall pay when ordering and paying for the Goods.
7. Payment
7.1 Payment of the price for the Goods is due in pounds sterling at the time of ordering.
7.2 No payment shall be deemed to have been received by You until the Company has received cleared funds.
7.3
You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless You have a valid court order requiring an amount equal to such deduction to be paid by the Company to You.
8. Quality
8.1 The Company warrants that (subject to the other provisions of these conditions) on delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
8.2 The Company offers a no quibble money back guarantee in circumstances where You are not completely satisfied with Your Goods, provided that You return the Goods to us unworn and in their “as new” condition.
9. Limitation of liability
9.1 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
9.2
The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price.
10. Assignment
The Company may assign the Contract or any part of it to any person, firm or company.
11. Force majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by You (without liability to You) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 45 days, You shall be entitled to give notice in writing to the Company to terminate the Contract.
12. General
12.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
12.2
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
12.3
Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract
12.4
Any waiver by the Company of any breach of, or any default under, any provision of the Contract by You shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
12.5
The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
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