Exquisite Bridge Cloths Made to Order
When the following words with capital letters are used in these Terms, this is what they will mean:
“Event Beyond Our Control” is defined in Clause 10
“We” “Our” or “Us” means Shacari Limited (registered in England under company number 15052453) whose registered office is5 Technology Park Colindeep Lane, Colindale, London, United Kingdom, NW9 6BX
“Order” your order for the Products made via our Website
“Products” means the goods that we are selling to you as set out in the Order
“Terms” means the terms and conditions set out in this document;
“Website” means our website www.shacari.co.uk
2.1 These are the terms and conditions on which we supply Products to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on your Order are complete and accurate, before you submit the Order.
2.3 When you submit your Order to us, this does not mean we have accepted your order for the Products. Our acceptance of your Order will take place as described in Clause 2.4. If we are unable to supply you with the Products, we will inform you of this via email and we will not process your Order.
2.4 We must receive payment for the whole of the price of the Products that you order, before your Order can be accepted. Once payment has been received by us, we will confirm that your Order has been accepted by sending an email to you at the email address you provide at the time of placing your Order. Our acceptance of your Order by sending that email brings into existence a legally binding contract between us.
2.5 We shall assign an order number to your Order and inform you of it when we confirm your Order. Please quote the order number in all subsequent correspondence with us relating to your Order.
2.6 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images, as many of our products are handmade from natural materials, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 5% tolerance.
3.1 The price payable for Products that you order and the method of payment is as set out on our Website. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
3.2 These prices include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
3.3 The prices for the Products exclude delivery costs, which will be added to the total amount due and it might not be possible for us to deliver to some locations. Our delivery charges are set out here [insert link to delivery charges page].
As our products are made to order we are unable to cancel an order or accept returns. This does not affect your legal consumer rights.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. If your Products are faulty please contact enquiries@shacari.co.uk within 2 weeks after delivery has taken place.
6.1 We reserve the right to cancel the contract between us if:
6.1.1 We are unable to deliver the Products you have ordered due to an Event Beyond Our Control or insufficient stock;
6.1.2 We are not able to arrange delivery to your area; or
6.1.3 One or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we cancel your contract, we will notify you by e-mail and will return to you any sum paid by you to us as soon as possible, but in any event within [30 days] of your Order. We will not be obliged to offer any additional compensation for disappointment suffered.
7.1 We will arrange delivery of the Products ordered by you to the address you provide for delivery at the time you place your Order.
7.2 Delivery will be made as soon as possible after your Order is accepted.
7.3 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Our email confirming your Order will contain an estimated delivery date. Occasionally our delivery to you may be affected by an Event Beyond Our Control. See Clause 10 for our responsibilities when this happens.
7.6 Delivery of an Order shall be completed when we deliver the Products to the address you gave us.
7.7 You will become the owner of the Products you have ordered when they have been delivered to you. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach at the time we entered into this contract.
8.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of certain Products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Products you purchase.
8.4 Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer and we do not exclude or limit our liability in any way for:
8.4.1 Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
8.4.2 Fraud or fraudulent misrepresentation;
8.4.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
8.4.4 Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
8.4.5 Defective products under the Consumer Protection Act 1987.
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent by email to sharon@shacari.co.uk. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in your Order.
10.1 We shall have no liability to you for any failure to perform, or any delay in performance of, any of our obligations under these Terms that is caused by any Event Beyond Our Control. An Event Beyond Our Control means an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.2 If an Event Beyond Our Control takes place that our obligations under these Terms:
10.2.1 We will contact you as soon as reasonably possible to notify you; and
10.2.2 Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Beyond Our Control. Where the Event Beyond Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Beyond Our Control is over.
10.3 You may cancel the contract if an Event Beyond Our Control takes place and you no longer wish us to provide the Products. We will only cancel the contract if the Event Beyond Our Control continues for longer than 4 weeks in accordance with our cancellation rights in Clause 6.
If any part of these Terms is unenforceable (including any provision in which we limit or exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
You acknowledge and agree to be bound by the terms of our privacy policy, which can be accessed here www.shacari.co.uk/privacy-policy/.
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of theses Terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
These Terms, together with our current Website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Products to you by us.