This page (together with the documents referred to on it) tells you the
terms and conditions on which we supply any of the products (Products) listed on our website [www.woodovens.net] (our site) to you.
Please read these terms and conditions carefully before ordering any
Products from our site. You should
understand that by ordering any of our Products, you agree to be bound by these
terms and conditions.
You should print a copy of these terms and conditions for future
reference.
Please click on the button marked "I Accept" at the end of
these terms and conditions if you accept them. Please understand that if you refuse to accept these terms
and conditions, you will not be able to order any Products from our site.
1.1
We operate the website [www.woodovens.net]. We are [Wood Ovens Limited],
a company registered in England and Wales under company number [COMPANY NUMBER]
and with our registered office at [COMPANY ADDRESS]. Our main trading address is [TRADING ADDRESS]. Our VAT
number is [VAT NUMBER].
1.2
We are regulated by [NAME OF RELEVANT REGULATOR].
1.3
[OTHER REQUIREMENTS APPLYING TO PARTICULAR PROFESSIONS.]
[Our site is only intended for use by
people resident in the United Kingdom
(Serviced Countries). We do not accept orders from
individuals outside those countries.
Some restrictions are placed on the extent to which we accept orders
from specific countries. These
restrictions can be found on our Serviced Countries page. Please review our Serviced Countries
page before ordering Products from us.]
By placing an order through our site, you
warrant that:
(a)
you are legally capable of entering into binding contracts; [and]
(b)
you are at least 18 years old[;
(c)
[you are resident in one of the Serviced Countries; and]
(d)
you are accessing our site from that country].
4.1
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. Your order constitutes
an offer to us to buy a Product.
All orders are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an e-mail that confirms that the Product has
been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the
Dispatch Confirmation.
4.2
The Contract will relate only to those Products 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.
5.1
[Please note that in some cases, we accept orders as agents on behalf
of third party sellers. The
resulting legal contract is between you and that third party seller, and is
subject to the terms and conditions of that third party seller, which they will
advise you of themselves. You
should carefully review their terms and conditions applying to the
transaction.]
5.2
[We may also provide links on our site to the websites of other
companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase
from third party sellers through our site, or from companies to whose website
we have provided a link on our site, will be of satisfactory quality, and any
such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights
against the third party seller. We
will notify you when a third party is involved in a transaction, and we may
disclose your customer information related to that transaction to the third
party seller.]
6.2
To cancel a Contract, you must inform us in writing. You must also
return the Products to us immediately, in the same condition in which you
received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the
Products while they are in your possession. If you fail to comply with this
obligation, we may have a right of action against you for compensation.
6.3
You will not have any right to cancel a Contract for the supply of any
of the following Products:
Wood
Oven
Custom colour choice for a
Wood Oven
Details of your statutory right of
cancellation, and an explanation of how to exercise it, are provided in the
Dispatch Confirmation. This
provision does not affect your other statutory rights as a consumer.
Your order will be fulfilled by the
delivery date set out in the Dispatch Confirmation or, if no delivery date is
specified, then within [30 days OR
a reasonable time] of the date of the Dispatch Confirmation, unless there are
exceptional circumstances.
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.
9.1
The price of the Products and our delivery charges will be as quoted on
our site from time to time, except in cases of obvious error.
9.2
Product prices include VAT.
9.3
Product prices and delivery charges are liable to change at any time,
but changes will not affect orders in respect of which we have already sent you
a Dispatch Confirmation.
9.4
Our site contains a large number of Products and it is always possible
that, despite our best efforts, some of the Products listed on our site may be
incorrectly priced. We will
normally verify prices as part of our dispatch procedures so that, where a
Product's correct price is less than our stated price, we will charge the lower
amount when dispatching the Product to you. If a ProductÕs correct price is higher than the price stated
on our site, we will normally, at our discretion, either contact you for
instructions before dispatching the Product, or reject your order and notify
you of such rejection.
9.5
We are under no obligation to provide the Product to you at the
incorrect (lower) price, even after we have sent you a Dispatch Confirmation,
if the pricing error is obvious and unmistakeable and could have reasonably
been recognised by you as an error.
9.6
Payment for all Products must be by credit or debit card. We accept payment by Paypal. We will not charge your credit or debit
card until we dispatch your order.
10.1
If you return a Product to us:
(a)
because you have cancelled the Contract between us within the seven-day
cooling-off period (see clause 6.1 above), we will process the refund due to you as soon
as possible and, in any case, within 30 days of the day you gave notice of
cancellation. In this case, we will refund the price of the Product in full,
and any applicable delivery charges. However, you will be responsible for the
cost of returning the item to us.
(b)
for any other reason (for instance, because have notified us in
accordance with clause 21 that you do not agree to a change in these terms and
conditions or in any of our policies, or because you consider that the Product
is defective), we will examine the returned Product and will notify you of your
refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as
possible and, in any case, within 30 days of the day we confirmed to you
via e-mail that you were entitled to a refund. We will refund the price of a
defective Product in full, any applicable delivery charges and any reasonable
costs you incur in returning the item to us.
10.2
We will usually refund any money received from you using the same
method originally used by you to pay for your purchase.
We warrant to you that any Product
purchased from us through our site will, on deliver conform [in all material
respects] with its description, be of satisfactory quality, and be reasonably
fit for all the purposes for which products of that kind are commonly supplied.
12.1
Subject to clause 12.3, if we fail to comply with these terms and
conditions, we shall only be liable to you for the purchase price of the
Products [and, subject to clause 12.2, any losses that you suffer as a result of our
failure to comply (whether arising in contract, tort (including negligence),
breach of statutory duty or otherwise) which are a foreseeable consequence of
such failure].
(a)
loss of income or revenue;
(b)
loss of business;
(c)
loss of profits;
(d)
loss of anticipated savings;
(e)
loss of data; or
(f)
waste of management or office time.
However, this clause 12.2 will not prevent claims for loss of or damage to your
tangible property that are foreseeable or any other claims for direct loss that
are not excluded by categories (a) to (f) inclusive of this clause 12.2.
(a)
death or personal injury caused by our negligence;
(b)
fraud or fraudulent misrepresentation;
(c)
any breach of the obligations implied by section 12 of the Sale of
Goods Act 1979;
(d)
defective products under
the Consumer Protection Act 1987; [or]
(e)
[any deliberate breaches of these terms and conditions that would
entitle you to terminate the Contract; or]
(f)
any other matter for which it would be illegal for us to exclude or
attempt to exclude our liability.
12.4
[Where you buy any Product from a third party seller through our site,
the seller's individual liability will be set out in the seller's terms and
conditions.]
13.1
If you order Products from our site for delivery outside the UK, 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.
13.2
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.
Applicable laws require that some of the
information or communications we send to you should be in writing. When using our site, you accept that
communication with us will be mainly electronic. We will contact you by e-mail or provide you with information
by posting notices on our website.
For contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices, information and
other communications that we provide to you electronically comply with any
legal requirement that such communications be in writing. This condition does not affect your
statutory rights.
All notices given by you to us must be given
to [Wood Ovens Limited] at [shop@woodovens.net]. We may give notice to you at
either the e-mail or postal address you provide to us when placing an order, or
in any of the ways specified in clause 14 above.
Notice will be deemed received and properly served immediately when
posted on our website, 24 hours after an e-mail is sent, or
three days after the date of posting of any letter. In proving the service of any notice,
it will be sufficient to prove, in the case of a letter, that such letter was
properly addressed, stamped and placed in the post and, in the case of an
e-mail, that such e-mail was sent to the specified e-mail address of the
addressee.
16.1
The contract between you and us is binding on you and us and on our
respective successors and assignees.
16.2
You may not transfer, assign, charge or otherwise dispose of a
Contract, or any of your rights or obligations arising under it, without our
prior written consent.
16.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a
Contract, or any of our rights or obligations arising under it, at any time
during the term of the Contract.
17.1
We will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under a Contract that is caused
by events outside our reasonable control (Force Majeure
Event).
17.2
A Force Majeure Event includes any act, event, non-happening, omission
or accident beyond our reasonable control and includes in particular (without
limitation) the following:
(a)
strikes, lock-outs or other industrial action;
(b)
civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for
war;
(c)
fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster;
(d)
impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport;
(e)
impossibility of the use of public or private telecommunications
networks; and
(f)
the acts, decrees, legislation, regulations or restrictions of any
government.
17.3
Our performance under any Contract is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have an extension of
time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our obligations under
the Contract may be performed despite the Force Majeure Event.
18.1
If we fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under the Contract or any of
these terms and conditions, or if we fail to exercise any of the rights or
remedies to which we are entitled under the Contract, this will not constitute
a waiver of such rights or remedies and will not relieve you from compliance
with such obligations.
18.2
A waiver by us of any default will not constitute a waiver of any
subsequent default.
18.3
No waiver by us of any of these terms and conditions will be effective
unless it is expressly stated to be a waiver and is communicated to you in
writing in accordance with clause 15 above.
If any of these terms and Conditions or any
provisions of a Contract are determined by any competent authority to be
invalid, unlawful or unenforceable to any extent, such term, condition or
provision will to that extent be severed from the remaining terms, conditions
and provisions which will continue to be valid to the fullest extent permitted
by law.
20.1
These terms and conditions and any document expressly referred to in
them constitute the whole agreement between us and supersede all previous
discussions, correspondence, negotiations, previous arrangement, understanding
or agreement between us relating to the subject matter of any Contract.
20.2
We each acknowledge that, in entering into a Contract, neither of us
relies on [or will have any remedies in respect of,] any representation or
warranty (whether made innocently or negligently) that is not set out in these
terms and conditions or the documents referred to in them.
20.3
Each of us agrees that our only liability in respect of those
representations and warranties that are set out in this agreement (whether made
innocently or negligently) will be for breach of contract.
20.4
Nothing in this clause limits or excludes any liability for fraud.
OR
We intend to rely upon these terms and
conditions and any document expressly referred to in them in relation to the
subject matter of any Contract. While we accept responsibility for statements
and representations made by our duly authorised agents, please make sure you
ask for any variations from these terms and conditions to be confirmed in
writing.
21.1
We have the right to revise and amend these terms and conditions from
time to time [to reflect changes in market conditions affecting our business,
changes in technology, changes in payment methods, changes in relevant laws and
regulatory requirements and changes in our system's capabilities].
21.2
You will be subject to the policies and terms and conditions in force
at the time that you order products from us, unless any change to those
policies or these terms and conditions 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 and
conditions before we send you the Dispatch Confirmation (in which case we have
the right to assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within seven working days
of receipt by you of the Products).
Contracts for the purchase of Products
through our site and any dispute or claim arising out of or in connection with
them or their subject matter or formation (including non-contractual disputes
or claims) will be governed by English law. Any dispute or claim arising out of or in connection with
such Contracts or their formation (including non-contractual disputes or
claims) will be subject to the non-exclusive jurisdiction of the courts of
England and Wales.