This page (together with the documents referred to on it) informs you of the terms and conditions on which we supply any of the product(s) listed on our website http://www.lancashirepike.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any product(s) from our site. You should understand that by ordering any of our product(s), you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
http://www.lancashirepike.co.uk is a site operated by Lancashire Pike Clothing.
2. YOUR STATUS
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
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
I. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that you order has been accepted or that we are guaranteeing supply. Your order constitutes an offer to us to buy a product(s). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product(s) order. On placing your order payment may be automatically taken from you. However, this will not be processed until the Contract is formed. The contract is formed by the sending (and not the receipt) of the dispatch confirmation and these terms will not be affected by any typographical error on the part of the customer of the failure to provide a valid email address. If your order is not accepted we will cancel your order and refund any payment via the original payment method or by cheque at our discretion.
II. The Contract will relate only to those product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other product(s) which may have been part of your order until the dispatch of such product(s) has been confirmed in a separate Dispatch Confirmation.
III. The language for the conclusion of the Contract is British English.
4. OUR STATUS
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 product(s) you purchase 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.
5. CONSUMER RIGHTS
I. If contracting as a customer on ‘Made to Order’ goods, you may cancel a contract within seven working days of delivery, beginning on the day after you received the product(s). In this case, you will receive the price paid less the 20% non-returnable deposit.
II. To cancel a Contract and initiate a return, you must inform us in writing (including email) and you will be issued with a unique returns number. You must also return the product(s) to us immediately, in the same condition in which you received them and at you own cost and risk. You have a legal obligation to take reasonable care of the product(s) 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.
III. Details of this statutory right and an explanation of how to exercise it are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6. AVAILABILITY AND DELIVERY
I. All items are subject to stock availability.
II. All orders are 'made to order' and as such are dispatched within eight weeks upon receipt of any outstanding balances and Post & Packing costs. However, if an item is required by a specific date please contact us for assistance.
III. Your payment information will be verified by PayPal before your order is dispatched. Failure to provide correct name and address information will delay your order. All orders are subject to satisfactory security checking. Any orders secured by personal cheque must have cleared funds through the bank before dispatch of product(s) is made, this process may take up to seven working days.
IV. Your order will be fulfilled by the delivery date set our in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
V. Claims of damage or pilferage must be notified in writing to the Company within 10 days of delivery. Claims cannot be accepted outside these time limits. Packaging must be retained for investigation.
VI. Claims for incomplete delivery must be made within 10 days of receipt. Claims cannot be accepted outside these time limits.
VII. Claims for non-delivery must be made within 14 days of receipt of Dispatch Confirmation.
7. RISK AND TITLE
I. The product(s) will be at your risk from the time of delivery.
II. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the product(s), including delivery charges.
8. PRICE AND PAYMENT
I. The price of any product(s) will be as quoted on our site from time to time, except in cases of obvious error.
II. These prices include VAT where applicable but exclude delivery costs which will be added to the total amount due as set out in our Delivery Guide.
III. Prices 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.
IV. We will normally verify prices as part of our despatch 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(s) to you. If a product(s) 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(s), or reject your order and notify you of such rejection.
V. We are under no obligation to provide the product(s) to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
VI. All orders are billed in Pounds Sterling.
VII. Unless expressly stated otherwise, all prices quoted by us exclude shipping costs, and any Customs Tax or Import Duties over which we have not control and do not accept liability. Any Customs Tax or Import Duties that fall due will be the responsibility of the customer.
9. OUR REFUNDS AND RETURNS POLICY
I. If for any reason you are not completely satisfied with your purchase, please inform us in writing and you will be issued with a returns number. Then please return the complete product(s) undamaged in an unused “as sold” condition within 14 days of the date that a returns number was issued, and we will refund you the full purchase price (excluding up to a 10% admin and restocking fee). No goods returned will be accepted without prior written notification and a valid returns number. When trying on goods that may be returned please take care; once goods are soiled they cannot be considered for exchange or credit. When returning any item to us, please quote your returns number in the return. Please note that you will be responsible for the shipping cost of returning any item to us. We will keep you informed of the progress of your return. This clause does not affect your rights under clause 5.1 to cancel a Contract.
II. When you return a product(s) to us: because you have returned the product(s) ordered in accordance with Clause 9.1 or 5.1, we will process the refund to you as soon as possible and, in any case, within 30 days of the receipt of the returned product(s). However, you will, in every case, be responsible for the cost of returning the item to us.
For any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the product(s) is defective), we will examine the returned product(s) and will notify you or your refund via email 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 email that you were entitled to a refund for the defective product(s). Product(s) returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
III. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
IV. Appropriate delivery charges will be levied for the delivery of exchanged items. These will be charged against the original method of payment, unless an alternative method of payment is specifically requested/supplied by the customer.
V. Refunds will only be considered for items supplied to overseas customers in the case of faulty goods, damage in transit and for items lost in transit and will fall under the same conditions as in clause 9 (II).
10. OUR LIABILITY
I. We warrant to you that any product(s) purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which product(s) of the kind are commonly supplied.
II. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product(s) you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time you order is accepted by us.
III. This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under Section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
IV. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send you should be in writing. When using our site, you accept that any communication with us will be mainly electronic. It is imperative that you correctly state your email address in your order. We will contact you by email 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 communication be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Lancashire Pike Clothing at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting 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 email, that such email was sent to the specified email address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
I. The contract between you and us is binding on you and us and on our respective successors and assigns.
II. 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.
III. 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.
14 EVENTS OUTSIDE OUR CONTROL
I. 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 or reasonable control (Force Majeure Event).
II. 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:
Strikes, lock-outs or other industrial action.
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.
Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
I. 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 other the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
II. A waiver by us of any default shall not constitute a waiver of any subsequent default.
III. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 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 provision which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
I. These terms and condition and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
II. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
III. We intend to rely unto 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.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
I. 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.
II. You will be subject to the policies and terms and conditions in force at the time that you order product(s) 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 Product(s).
19. LAW AND JURISDICTION
Contracts for the purchase of product(s) through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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