Innovative Artisan products from the Heart
Tel: 01920 830 635
BACKGROUND: This agreement applies as between you, the User of this Website and P&D Artisan Products Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a dispatch confirmation email to you indicating that your order has been fulfilled and is on its way to you.
Definitions and Interpretation In this Agreement the following terms shall have the following meanings:
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Contract” “Goods” Means the contract between Us and you for the supply of Goods in accordance with these conditions means any products that P&D Artisan Products Limited advertises and / or makes available for sale through this Website;
“Service” means collectively any online facilities, tools, services or information that P&D Artisan Products Limited makes available through the Website either now or in the future;
“Premises” means the Seller’s place(s) of business;
“Serviced Countries” countries within the European Community and worldwide excluding: Africa, Australia, Canada South America, USA, China, Japan and Korea and any countries that may be added or excluded from time to time;
“User” / “Users” means any third party that accesses the Website and is not employed by P&D Artisan Products Limited and acting in the course of their employment; P&D Artisan Products Limited Page 2 of 9
“Website” means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“We/Us/Our” means P&D Artisan Products Limited, a company registered in England and Wales under 8430452 of registered office21b High Street, Watton-at-Stone, Herts, SG14 3SZ. Our VAT number is GB 167 0427 11. We operate the websites www.pdartisan.co.uk, a trading name of P&D Artisan Products Limited.
2.1 These Terms and Conditions are for consumer customers. If you are a business customer please consult Our business terms and conditions located here www.pdartisan.co.uk/TermsandConditions .
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of P&D Artisan Products Limited, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
3.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
Third Party Intellectual Property
4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Fair Use of Intellectual Property Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Orders and Payment
6.1 By placing an order, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are resident in one of the Serviced Countries; and (c) if ordering online, you are accessing our site from that country. P&D Artisan Products Limited Page 3 of 9
6.2 Time for payment shall be of the essence. No payment shall be deemed to have been received and the Goods will not be dispatched until We have received cleared funds.
6.3 You agree that in the event that any cheque, or other negotiable instrument is dishonoured or returned to Our bank unpaid for any reason, We shall be entitled to invoice you for all reasonable sums due including costs relating to bank charges incurred and the cost of any related administrative activities. In the event that monies owed remain unpaid for the period agreed in the invoice, We shall be entitled to charge interest at the rate of 3% per annum above the base lending rate from time to time of HSBC Bank Plc.
6.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
6.5 The risk in the Goods shall remain with Us until they come into your physical possession when the risk shall transfer to you.
6.6 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Our sending to you an e-mail that confirms that the Goods have been dispatched (Dispatch Confirmation). Only once We have sent you the Dispatch Confirmation email will there be a binding contract between P&D Artisan Products Limited and you. Such acceptance and creation of a binding contract occurs on Our sending the e mail with the Dispatch Confirmation whether or not that e mail is opened and read by You
6.7 If We, for any reason, do not accept your order any sums paid by you in relation to that order will be refunded within 14 calendar days.
6.8 No variation of these terms shall be binding unless agreed in writing by a Director of P&D Artisan Products Limited. Our employees or agents are not authorised to make any representations concerning the Goods. In entering into a Contract, you acknowledge that you do not rely on any such representations, but nothing in these terms affects the liability of either party for fraudulent misrepresentation.
6.9 The Contract will relate only to those Goods 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.
6.10 You must ensure that the terms of your order and any applicable specification are complete and accurate.
6.11 The Goods will be supplied generally to the specification described. In the event of alteration to the weight or the packing specification, orders will be delivered and invoiced accordingly.
6.12 Any quotation for goods does not constitute an offer and is given on the basis that no contract will come into existence until We despatch a Dispatch Confirmation to you. Any quotation is valid until the end of the day of trading on the day of offer unless otherwise stated, provided that We have not previously withdrawn it. P&D Artisan Products Limited Page 4 of 9
6.13 We neither represent nor warrant that Goods will be available. Stock indications are provided on the Website however such indications may not take into account sales that have taken place during your visit to the Website.
7.1 Subject to clause 7.2, all Goods purchased by you will be delivered within 30 working days of Our order confirmation unless otherwise agreed.
7.2 We shall not be liable for delay in delivery due to circumstances beyond Our reasonable control. In the event of any such delay the date for delivery shall automatically be extended and We will not be liable for any direct, indirect or consequential loss (including losses or liabilities under or in relation to any other contract, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of Goods or failure to deliver the Goods provided that such delay shall entitle you to rescind or terminate the Contract if such delay exceeds a further 60 days beyond the original 30 days. For the purpose of this condition the term “loss” includes a partial loss or reduction in value as well as complete or total loss.
7.3 If for any reason you will not accept delivery of any of the Goods when they are ready for delivery, or We are unable to deliver the Goods on time because you have not provided appropriate instructions, documents, licences or authorisations: 7.5.1 risk in the Goods will pass to you (including for loss or damage caused by Our negligence); 7.5.2 the Goods will be deemed to have been delivered; and 7.5.3 We may store the Goods until delivery whereupon you will be liable for all related costs and expenses (including without limitation storage and insurance).
7.4 Each delivery of the Goods by Us to you shall be a separate Contract except when the Contract is specifically for delivery by instalments and you shall not be entitled to withhold any payment due under one Contract against any claim under any other Contract and failure to deliver or defect in one or more instalment shall not entitle you to reject the other instalments.
7.5 If the Goods or any part thereof supplied under the Contract are processed or altered in any way by you or the receiver of the Goods or any other person, the quality of the Goods shall be deemed acceptable to you.
7.6 The quantity of any consignment of Goods as recorded by Us upon despatch from Our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
7.7 We shall not be liable for any non-delivery of Goods (even if caused by Our negligence) unless written notice is given to Us within 7 days of the date when the Goods would in the ordinary course of events have been received.
7.8 Any of Our liability for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Goods. P&D Artisan Products Limited Page 5 of 9
7.9 Ownership of the Goods shall not pass to you until We have received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to Us from you.
7.10 Until ownership of the Goods has passed to you in accordance with clause 7.9 you must hold the Goods on a fiduciary basis as Our bailee and keep them in a proper condition and identified as Our property,.
7.11 We shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Us to you.
Returns Policy As a consumer, subject to certain conditions, you have the right to return goods within 14 days of receipt of Our Dispatch Confirmation. Please refer to clause 12. P&D Artisan Products Limited aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods may need to be returned. Returns are governed by these Terms and Conditions.
8.1 Subject to clauses 15.1 and 15.2, if any of the Goods contain and alleged defect or are claimed to be of unsatisfactory quality, We shall at Our option replace such Goods (or the defective part) upon Our receipt of the returned Goods or refund the price of such Goods at the pro rata contract rate provided that, if We so request, you shall, at the your expense, return the Goods or the part of such Goods which is defective to Us. Once the price has been refunded or the Goods returned, We shall have no further liability to you in respect to such Goods.
8.2 Goods returned opened or in an un-saleable condition cannot be refunded.
8.3 Goods must be returned in their original condition with all packaging and documentation. Refunds will be issued within 10 days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
8.4 If you receive Goods which do not match those that you ordered, you must contact Us within 30 calendar days to notify Us of any alleged defect. Failure to contact Us and explain the problem with the quality of the Goods will mean that We cannot be responsible for any return or refund.
8.5 If Goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Goods have been damaged. To return the damaged Goods, please contact Us within 14 calendar days to arrange collection and return. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
9.1 The Website places cookies onto your computer or device. By accepting these terms and conditions, you are giving consent to P&D Artisan Products Limited to place cookies on your computer or device.
9.2 If you wish to opt-out of our placing cookies onto your computer or device, Consumer Version 3.1 | © 2015 P&D Artisan Products Limited Page 6 of 9 please adjust your internet browser settings to restrict cookies as detailed in your internet browser’s help menu You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
How We Use Your Personal Information (Data Protection)
10.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
10.2 We may use your personal information to: 10.2.1 Provide Our Goods and Services to you; 10.2.2 Process your payment for the Goods; and 10.2.3 Inform you of new products and Services available from Us. You may request that We stop sending you this information at any time.
10.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
10.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
11.1 Our website is only intended for use by people resident in the UK (notincluding Ireland (Eire). We do not accept orders from individuals outside these countries. Some restrictions are placed on the extent to which we accept orders from specific countries.
11.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
11.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
11.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
11.5 Any samples, drawings or advertisings we issue and any description of the goods contained on the Website or in the sellers catalogues or brochures are issued for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of this Contract nor have any contractual force. P&D Artisan Products Limited Page 7 of 9
Cooling off period
12.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you. If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment. If you change your mind about the goods within this period, please inform Us within 14 calendar days of receipt. Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods. You are responsible for paying return shipment costs if Goods are returned for this reason. Refunds will be issued within 14 calendar days after you inform Us that you wish to cancel under this provision and will include standard delivery charges. We regret that additional costs such as express delivery and giftwrapping cannot be refunded.
12.2 P&D Artisan Products Limited may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances:
12.2.1 Goods made to your specifications or that have been personalised;
12.2.2 Goods which are liable to deteriorate or expire rapidly;
12.2.3 Goods which are sealed for health or hygiene reasons that have been unsealed after delivery;
12.2.4 Goods which are, after delivery, according to their nature, inseparably mixed with other items;
Changes to the Service and these Terms and Conditions We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Availability of the Website
14.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
14.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
15.1 We shall not be liable for a breach of any defect in the Goods or if they are deemed to be of unsatisfactory quality unless: a) for defects such as, but not limited to spillages, shortages, or infestations, which are obvious on delivery without the need for inspection, you give written notice of the defect to Us, and (if the defect is as a result of damage in transit) P&D Artisan Products Limited Page 8 of 9 to the Carrier, within 7 working days from delivery; and b) We are given a reasonable opportunity after receiving the notice of examining such Goods and you (if asked to do so by Us) returns such Goods to Our place of business at your cost for the examination to take place there.
15.2 We shall not be liable for a breach of any defect in the Goods or if they are deemed to be of unsatisfactory quality if: a) you make any further use of such Goods after delivery; or b) the defect arises because you failed to follow Our oral or written instructions as to the storage or use of the Goods; or c) you alter such Goods without Our written consent.
15.3 In the event of a dispute arising about the quality of the Goods, We will appoint an independent expert to determine whether the Goods are defective or of unsatisfactory quality or fit for purpose; such expert’s decision will bind the parties and the cost of the expert shall be borne by the party against whom the expert’s decision is made.
15.4 Nothing in these Terms and Conditions excludes or restricts P&D Artisan Products Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of P&D Artisan Products Limited.
15.6 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or non-performance or late performance or contemplated performance of the Contract shall be limited to the price of the Goods ordered in the Contract plus 20%
15.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Third Party Rights Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and P&D Artisan Products Limited.
19.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and P&D Artisan Products Limited Page 9 of 9 on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction These Terms and Conditions and the relationship between you and P&D Artisan Products Limited shall be governed by and construed in accordance with the Law of England and Wales and P&D Artisan Products Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales. P&D Artisan Products Limited (t) 44 (0)1920 830635 (e) firstname.lastname@example.org Registered in England and Wales under Company No. 8430452 Registered Office: 51b High Street, Watton-at-Stone, Herts, SG14 3SZ. VAT No: 167 0427 11