Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
This page (together with the documents referred to on it) tells you the terms on which you may use this website and on which we supply any of the products (Products) listed on our website www.standrewholborn.org.uk (the “Website”) to you. By entering the Website, and/or any page accessible on the Website you accept, without limitation or qualification, the terms and conditions set out below (“the Terms”) without modification.
Please read carefully and understand these Terms before using the Website and/or ordering any Products from the Website.
If you do not wish to be bound by the Terms you should not access or use the Website.
St Andrew Holborn Limited is the owner of the Website and is referred to in these Terms as the “Company” “us” or ”we”. The term “you” refers to the user or viewer of the Website.
The Company may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from the Website.
If you have difficulty in understanding any of these Terms or have any other queries, please email us at firstname.lastname@example.org.
You should print a copy of these Terms for future reference.
1 INFORMATION which we are required to give you
1.1 The Company is registered in England and Wales under company number 04982141 and with our registered office at 5 St Andrew Street, London, EC4A 3AB email address email@example.com. Our VAT number is 877 7945 43
2 Purchase of products from our Website
2.1 A description of the main characteristics of the Products is contained on the Website. Such a description will be contained with the Products when delivered to you.
2.2 The price of Products (including delivery and packaging charges) and arrangements for payment are as described in paragraph 9.
2.3 The arrangements for delivery of Products are as shown at [insert link to relevant page]. Other details of delivery are set out in paragraph 7.
2.4 You have a right of cancellation as set out in paragraph 6
2.5 The technical means for concluding the contract to buy Products are set out in paragraph 5.
2.6 The language of the contract will be English.
2.7 The general Terms set out in paragraph 25 below apply to any contract between us for the purchase of Products from our Website.
3 SALES to countries outside Uk where we are willing to sell products
3.1 If you order Products from our Website for delivery outside the United Kingdom, 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.
3.2 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.
4 YOUR STATUS
4.1 By placing an order through our Website, you warrant that:
4.1.1 You are legally capable of entering into binding contracts;
4.1.2 You are at least 18 years old;
4.1.3 You are placing the order as a consumer, i.e. an individual is acting outside his or her business.
4.2 If we discover that any of the above warranties are incorrect, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have under the general law.
5 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Your order for a Product constitutes an offer to buy the Product and all orders are subject to acceptance by us. 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 or that a contract has been made. We will confirm acceptance to you by sending you an e-mail that confirms that we have accepted your order and that the Product is ready for or has been dispatched (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
5.2 The Contract will relate only to those Products whose dispatch (or readiness for despatch) we confirm in the Order Confirmation. We will not be obliged to supply the remaining Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
6 RIGHT of cancellation
6.1 As you are contracting as a consumer, you have a statutory right to cancel a Contract for any reason at any time within seven working days, beginning on the day after you received the Products or (where it has been agreed that the Products will be delivered in instalments) the last of the Products. If you exercise the right, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below). To cancel a Contract under your statutory rights, you must inform us in writing of your intention to cancel by hand delivery, post to the address given in paragraph 1.1 or by email.
6.2 When exercising the cancellation right, you must return the Products to us immediately. See paragraphs 10.3 and 10.4 as to the manner and cost of returning the Products.
6.3 You are entitled to a reasonable opportunity to inspect the Products. At all times, you must take reasonable care of the Products and must not let them out of your possession. If you are in breach of your obligations to take reasonable care in this paragraph 6.3 we will have a claim against you and may deduct from the refund costs incurred by us as a result of the breach.
6.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
6.5 The cancellation right described in this paragraph 6 is in addition to any other right that you might have to reject the Products, for instance because they are faulty or misdescribed.
7 AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of your order, unless there are exceptional circumstances. If a Product is unavailable so that we cannot deliver it to you within 30 days of your order, we will contact you and either agree a later delivery date or permit you to cancel the Contract, in which case we will refund all monies paid in accordance with our refunds policy (set out in paragraph 10 below).
8 RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 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.
9 PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our Website at the time of your order, except in cases of obvious error.
9.2 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 Website’s delivery guide].
9.3 Payment for all Products must be by credit or debit card. Payments are made through Paypal. You will be transferred to Paypal’s website at the point of payment and subject to PayPal’s own terms and conditions.
10 OUR REFUNDS POLICY
10.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 11 that you do not agree to any change in these Terms 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 entitlement to a refund via e-mail within a reasonable period of time.
10.2 We will process any refund due to you within 30 days of the day we received your cancellation. We aim to make refunds using the same method as that used by you to pay for your purchase.
10.3 Refunds will be given on the following basis:
10.3.1 where you have validly returned a Product under your right of cancellation described in paragraph 6, we will refund the full amount paid by you for the Product, including the cost of delivery to you. You will be responsible for returning the Product to us at your own cost;
10.3.2 where you have validly returned a Product to us because it is defective or for some other reason for which we are responsible, we will refund the full amount paid by you for the Product (including the cost of delivery to you) and reimburse the reasonable cost incurred by you in returning the Product; and
10.3.3 where you have returned a Product in circumstances other than paragraphs 10.3.1 to 10.3.2 above (which includes rejecting a defective Product more than a reasonable time after receipt), any refund will be at our discretion. If we do agree to provide a refund, we will not refund the cost of delivery to you and we will not reimburse the cost incurred by you in returning the Product.
10.4 When returning Products to us, whether under the right of cancellation or for any other reason, you must take reasonable care to see that they are received by us and not damaged in transit.
11 our right to vary these terms
11.1 We have the right to vary these Terms from time to time.
11.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms 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 before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
12 OUR LIABILITY
12.1 If we breach these Terms we will be responsible for any losses which you suffer as long as they were reasonably foreseeable to both you and us at the time of your order and the Order Confirmation.
12.2 Any manufacturer’s warranty or guarantee applicable to the Product shall be in addition to any responsibility that we have to you under these Terms.
13 intellectual property in the products
As between you and us, all intellectual property in the Products which subsists now or at any time in the future shall without limitation vest in and be our absolute property.
14 WRITTEN COMMUNICATIONS and notices
14.1 We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
14.2 All notices given by one of us to the other must be given in writing and delivered by hand, post, or email. Notices to us should be given in accordance with the details in paragraph 1.1 above. Notices to you may be given to the email address or the postal address provided when you placed your order.
15 EVENTS OUTSIDE OUR CONTROL
15.1 Neither of us shall be liable to the other for any delay or non‑performance of our respective obligations under the Agreement to the extent that performance is interrupted or prevented by any act or omission beyond our reasonable control. This paragraph does not affect your statutory rights and in particular our obligation to perform the Contract within 30 days of order as set out in paragraph 7.
15.2 Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented.
USING THE WEBSITE
16 INTELLECTUAL PROPERTY RIGHTS in the website
16.1 The Website, and all the information and graphic representations or images on it (“Content”), are owned by, or licensed to the Company. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of the Company or its licensors.
16.2 You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
16.3 Without the Company’s written consent, you may not use, transfer, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
16.4 You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
16.5 Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide the Company with any optional information requested.
16.6 You agree not to:
16.6.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
16.6.2 modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
16.6.3 make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
16.6.4 damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
16.6.5 use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
16.6.6 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
16.6.7 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
16.6.8 falsify the true ownership of software or other material or information contained in a file made available via the Website;
16.6.9 obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
17 NO UNLAWFUL OR PROHIBITED USE
17.1 You undertake to the Company that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
17.2 You agree to indemnify the Company, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
18 OUR USE OF YOUR PERSONAL DETAILS
19 LIABILITY DISCLAIMER
19.1 You agree that you use the Website entirely at your own risk.
19.2 In preparing this Website, the Company has endeavoured to offer current, correct and clearly expressed information. However, the Company cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
19.3 The Company makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. The Company expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
19.4 This Website may contain advertisements. The Company is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.
19.5 The Company shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if the Company has been advised of the possibility of damage.
19.7 Notwithstanding anything in these Terms the Company does not disclaim liability for death or injury caused by its own negligence.
19.8 The Company reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
21 VIRUS PROTECTION AND COMPATIBILITY
21.1 Whilst certain precautions have been taken to detect computer viruses and ensure security, the Company can not guarantee that the Website is virus-free and secure.
21.2 The Company shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. The Company does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
22 LINKS TO THIRD PARTY SITES
22.1 This Website contains links to websites operated by parties other than the Company (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. The Company has no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under its control.
22.2 The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.
22.3 You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without the Company’s written consent.
23.1 The Company may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
23.1.1 there is a regulatory or statutory change limiting the ability to provide access to the Website;
23.1.2 there is any event beyond the reasonable control of the Company preventing the Company from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
23.1.3 the Company considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
The Company reserves the right to monitor and track your visits to the Website.
25.1 Unless otherwise specified, the Website is directed solely at those who access this Website from the United Kingdom. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
25.2 If either of us does not insist upon strict performance of any of the other’s obligations under the Contract or any of these Terms, or if either of us does not exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
25.3 None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
25.4 If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
25.5 These Terms constitute the entire agreement between you and the Company as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
25.6 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
25.7 Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail addressed to you at the e-mail address you have given us or to us at the e-mail address displayed on the Website.
25.8 The use of our Website and Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such use or Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
26 COPYRIGHT AND TRADE MARK NOTICES:
All contents of this Website are: Copyright 2011 St Andrew Holborn Trading Limited. All rights reserved.