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TERMS & CONDITONS

These terms and conditions are the contract between you (site user/visitor) and Our Website:  Cornish Tiddlers (“us”, “we”, etc).

By visiting or using Our Website, you agree to be bound by them.

These terms are based on the legal Standards written by legal team Net Lawman and released under licence. They protect your rights as well as ours.

I am:  Ruth Proudfoot-Smith of Cornish Tiddlers. Our address base is in Launceston, Cornwall, UK

You are:  Anyone who uses Our Website, cornishtiddlers,co.uk.

We advise to please read this agreement carefully.

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1. Definitions

In this agreement: “Carrier” means any person or business contracted by us to carry Goods from us to you.

“Content” means any content in any form published on Our Website, cornishtiddlers.co.uk by us or any third party with our consent.

“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website” which is the live website and integrated online shop portal cornishtiddlers.co.uk which is controlled by us.

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

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2. Interpretation

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In this agreement unless the context otherwise requires:

  1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

  2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

  3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

  4. [except where stated otherwise], any obligation of any person arising from this agreement may be performed by any other person;

  5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

  6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;

  7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

  8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party calculated £50 per hour.

  9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

  10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

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3. Our contract with you

  1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

  2. Each party acknowledges that, in entering into this agreement, s\he\ they do\does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

  3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

  4. Because we rely on our own hand making craft process we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

  5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

  6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

  7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

4. Acceptance of your order

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  1. Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.

  2. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

    1. accept the alternatives we offer;

    2. cancel all or part of your order.

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5. Pricing and Payments

  1. It is possible that from time to time the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

  2. Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.

  3. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.

  4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

  5. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

  6. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, providing that we notify you before we dispatch it to you.

  7. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on the page of Our Website before we ask you to pay.

  8. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

6. Disputes and Resolutions

1.  The following terms apply in the event of a dispute between the parties: If you are not happy with our services or have any complaint then you must tell us by email message to ruth.prooudfoot@cornishtiddlers.co.uk in the form which you will find on Our Website.

2. If a dispute is not settled through communication with reference to our Terms of return/cancellation of orders or discussion regarding copyright/fair use/data or any other subject of dispute arising, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

7. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  1. your failure to comply with the law of any country;

  2. your breach of this agreement;

  3. any act, neglect or default by any agent, employee, licensee or customer of yours;

  4. a contractual claim arising from your use of the Goods;

  5. a breach of the intellectual property rights of any person.

8. Miscellaneous Matters

  1. When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

  2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

  3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

  4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

  5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

  6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting.

  7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise.

  8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.

  9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

  10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.

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