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This page (together with the documents referred to on it) tells
you the terms and conditions on which we supply any of the products listed on
our website SIGNSFORHOMES.CO.UK 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.
Please click on the button marked "I Accept" at the end of
these terms and conditions if you accept them. Please understand that if you
refuse to accept these terms and conditions, you will not be able to order any
Products from our site.
1.1
SIGNSFORHOMES.CO.UK a site operated by Goodwin and Goodwin
Design.
Our site is only intended for use by people resident in the
Mainland Britton. We do not accept orders from individuals outside those
countries. Some restrictions are placed on the extent to which we accept orders
from specific countries. Your status
By placing an order through our site, you warrant that:
(a)
You are legally capable of entering into binding contracts; [and]
(b)
You are at least 18 years old;
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 contract between
us 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.
4.1
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.
5.1
If you are contracting as a
consumer, you may cancel a Contract at any time within seven working days,
beginning on the day after you received the Products. 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 clause 9.
5.2
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.
5.3
Details of this statutory right,
and an explanation of how to exercise it, are provided in the Dispatch
Confirmation. This provision does not affect your statutory rights.
Your order will be fulfilled by the delivery date set out in
the Dispatch Confirmation or, if no delivery date is specified, then within 4-6
weeks of the date of the Dispatch Confirmation, unless there are exceptional
circumstances.
7.1
The Products will be at your risk
from the time of delivery.
7.2
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.
8.1
The price of any Products will be
as quoted on our site from time to time, except in cases of obvious error.
8.2
These prices include VAT but
exclude delivery costs, which will be added to the total amount due as set out
in our Delivery Guide [INSERT AS LINK TO SITE'S DELIVERY GUIDE].
8.3
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.
8.4
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.
8.5
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.
8.6
Payment for all Products must be by
credit or debit card. We accept payment with [LIST OF CREDIT AND DEBIT
CARDS]. We will not charge your credit or debit card until we despatch your
order.
9.
Our refunds policy
9.1
When you return a Product to us:
(a)
because you have cancelled the
Contract between us within the seven-day cooling-off period (see clause 5.1 (www.practicallaw.com/A
above), 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.
(b)
for any other
reason (for instance, because have notified us in accordance with paragraph 20
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.
9.2
We will usually refund any money
received from you using the same method originally used by you to pay for your
purchase.
10.1
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.
10.2
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.
10.3
This does not include or limit in any way our liability:
(a)
For death or personal injury caused by our negligence;
(b)
Under section 2(3) of the Consumer Protection Act 1987;
(c)
For fraud or fraudulent misrepresentation; or
(d)
For any matter for which it would be illegal for us to exclude, or
attempt to exclude, our liability.
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:
(a)
loss of income or revenue
(b)
loss of business
(c)
loss of profits or contracts
(d)
loss of anticipated savings
(e)
loss of data
(f)
loss of data, or
(g)
waste of management or office time however arising and whether
caused by tort (including negligence), breach of contract or otherwise, even if
foreseeable;
provided that this clause 10.4 shall not prevent claims for
loss of or damage to your tangible property that fall within the terms of clause
10.1 or clause 10.2 or any other claims for direct financial loss that are not
excluded by any of categories (a) to (g) inclusive of this clause 10.4.
10.5
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.
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.
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 condition does not
affect your statutory rights.
All notices given by you to us must be given to Goodwin and
Goodwin Design at sales@signsforhomes.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 clause 12 (www.practicallaw.com/A above). 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 e-mail, that such e-mail was sent to
the specified e-mail address of the addressee.
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.
15.1
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 events outside our reasonable control (Force
Majeure Event).
15.2
A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and includes in particular
(without limitation) the following:
(a)
Strikes, lock-outs or other industrial action.
(b)
Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for
war.
(c)
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster.
(d)
Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
(e)
Impossibility of the use of public or private telecommunications
networks.
(f)
The acts, decrees, legislation, regulations or restrictions of any
government.
15.3
Our performance under any Contract is deemed to be suspended for
the period that the Force Majeure Event 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 the Force Majeure Event to a close or to find a
solution by which our obligations under the Contract may be performed despite
the Force Majeure Event.
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 clause 12 (www.practicallaw.com/A above).
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.
18.1
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
Neither of us shall have any remedy in respect of any untrue
statement made by the other, whether orally or in writing, prior to the date of
any Contract (unless such untrue statement was made fraudulently) and the other
party's only remedy shall be for breach of contract as provided in these terms
and conditions.
OR
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.
19.1
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).
Contracts for the purchase of Products through our site and any
dispute or claim arising out of or in connection with them or their subject
matter or formation (including non-contractual disputes or claims) will be
governed by English law. Any dispute or claim arising out of or in connection
with such Contracts or their formation (including non-contractual disputes or
claims) shall be subject to the non-exclusive jurisdiction of the courts of
England and Wales.
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+44 (0)20 7609 3190