TERMS & CONDITIONS
Welcome to www.annabeljames.co.uk. If you continue to browse and use this website, www.annabeljames.co.uk (hereafter The Merchant) you (hereafter The Customer) are agreeing to comply with and be bound by the following terms and conditions of use which govern our relationship with you in relation to this website. The click validating the order implies full acceptance of these terms and represents the Customer's "digital signature".
This site is owned and operated by Anne Stabler trading as annabeljames.co.uk. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us by email at email@example.com.
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by The Merchant for the Customer.
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in The Merchant's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on The Merchant site. The Merchant or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where The Merchant was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Please be aware that the colour of our products may vary slightly from the pictures shown on our website. Many of our products are hand-crafted and this may be due to slight differences in the natural material and the hand-crafting process, and also due to the way computer monitors display colour. We cannot guarantee that your monitor's display of any colour will always reflect accurately the colour of the item delivered.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse The Merchant, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Overseas Carriage and Customs
If you are ordering products for delivery overseas, you will be subject to import duties and taxes that are levied once the package reaches its destination country. To gain customs clearance there may be additional charges and the payment of these costs are the responsibility of the customer. We have no way to predict what they may be or have any control over the total amount. As customs policies are very different from country to country, you should contact your local customs office for further information.
Please note that when ordering from us, you are considered the importer of goods and you must therefore comply with all laws and regulations of the destination country of your order. If for any reason a package is refused and has to be returned to us, you will be liable for the cost of this.
Your privacy is very important to us, however, you should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. When placing an order please note that a customs label may list the value of contents and a generic description of internal package contents.
Please note we may also be required to provide certain order, delivery and product information, such as item contents within an order, to our international carriers in order to facilitate customs clearance and comply with local laws.
Loss or Damage in Transit
The Merchant will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless The Customer gives written or email notice of a claim to The Merchant within 48 hours of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by The Merchant or its representatives on request.
The customer must inform The Merchant immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to firstname.lastname@example.org.
Any claim that does not respect the rules defined above cannot be taken into account and releases The Merchant of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to The Merchant in whole, in its original packaging and in perfect condition to The Merchant.
For claims to be accepted, the customer must first make a declaration to The Merchant concerning any returns and receive and The Merchant's consent. If accepted, the customer will ship the package to The Merchant.
The provisions hereof cannot deprive The Customer of their right to legal warranty requiring The Merchant to protect The Customer against latent defects of goods sold.
The Customer is expressly informed that The Merchant is not the manufacturer of the goods presented in The Merchant site and that The Merchant shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
Right to Withdrawal
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of fourteen (14) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with The Merchant customer service department.
The cooling off period and right to cancel does not apply to orders for any goods made to your specification, any personal items eg shaving items etc.
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, The Merchant will make every effort to refund the customer within 30 days.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Damage to Your Computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website and we always recommend that you should have an up-to-date and complete virus-checking software to protect yourself.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on the Merchant Site strictly imply the acceptance of The Merchant''s terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with The Merchant before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by email, email@example.com or to our contact address at Annabel James, South Holt Farm, Deanlane End, Rowlands Castle PO9 6EL .
We reserve the right to change these terms and conditions at any time.