TERMS OF SALE
1.1 On receipt of your order, we will send you an "Order Acknowledgment" by email. Unless you are a customer with whom we have already agreed credit terms ("a Credit Customer"), the Order Acknowledgment does NOT constitute an acceptance of your order.
1.2 Unless you are a Credit Customer, your order will be accepted only when we receive payment of the whole of the price of the goods that you order, after which we will arrange the despatch of the goods to you.
1.3 If you are a Credit Customer, the Order Acknowledgment will constitute our acceptance of your order.
1.4 Our acceptance of your order brings into existence a legally binding contract between us.
1.5 In submitting your order, you warrant that you are 18 years of age or older.
2.1 The prices payable for the goods that you order are as set out in our website.
2.2 You may be required to pay extra for delivery and it may not be possible for us to deliver to some locations. If applicable, delivery charges will be confirmed to you before you submit your order to us. Standard Delivery is charged at £4.99 per order to any UK mainland address. For an additional £5.50 we guarantee to deliver to any UK mainland address within 3 working days (Monday to Friday excluding Bank holidays) from confirmation of receipt of order. A signature will be required. Please note that wine prices include the cost of delivery in the price of the case however other items ordered may incur a delivery charge. Unfortunately we are unable to send wine orders by express delivery. Prices valid from August 3rd 2011 to 1st January 2012.
3.1 You cannot cancel your contract if:
3.1.1 the goods that you have ordered are perishable or where the goods are affected by matters of hygiene (e.g. earrings, underwear, etc); or
3.1.2 you have ordered newspapers or magazines; or
3.1.3 you have taken any audio or video recording or computer software out of the sealed packaging in which it was or they were delivered to you.
3.2 Save where clause 3.1 applies, you may cancel your contract with us for the goods you order at any time up to the end of the 7th working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.3 To cancel your contract you must notify us in writing.
3.4 Where your right to cancel applies, should you receive the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery then you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.5 Once you have notified us that you are cancelling your contract, any sum paid to us will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
3.6 Nothing in this clause affects our Returns Policy, which does not form part of this contract but which lays out the Traidcraft Guarantee.
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods 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.
4.2 If we do cancel your contract we will notify you and, save in respect of Credit Customers, we will re-credit to your account any sum deducted by us as soon as possible but in any event within 30 days of the date on which you submit your order to us ("the Order Date"). We will not be obliged to offer any additional compensation for disappointment suffered.
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of the Order Date.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk (even though you may still be entitled to cancel the contract under clause 3.2) and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing of the problem within 14 days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 30 days of the Order Date, we shall have no liability to you unless you notify us in writing of the problem within 44 days of the Order Date. If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 to make good any shortage or non delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business, or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount you paid for the goods in question under Clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importing or exporting of certain goods 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 goods you purchase. It is up to you to ensure (a) that we may export the goods in question to you, and (b) that you may import those goods into your own jurisdiction.
6.5 Despite Clauses 6.1 to 6.4 above, nothing in these Terms of Sale is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or breach of this contract.
7.1 Unless otherwise expressly stated in these Terms of Sale, all notices from you to us must be in writing and sent to our contract address at:
Team Valley Trading Estate
Tyne & Wear
7.2 All notices from us to you will be displayed on our website from time to time or sent to the email address that you provided to us on registration, as appropriate.
8.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts, and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accidents.
9.1 If any part of these Terms of Sale is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Sale will not be affected.
11.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12.1 The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.