For the Online Sale of Goods to Consumers
Last updated October 2016
This website is operated by:
The Caverswall China Company Limited (referred to as “we/our/us”)
Registered in England and Wales Company Number 2890913
VAT Number GB 902 1886 37
As user of this website (“site”) (referred to as “you/your”) you acknowledge that any use of this site including any transactions you make (“use/using”) is subject to our terms and conditions set out below.
1.2 We may at any time make changes to this site and the details displayed on it, including but not limited to prices.
1.3 Delivery will be charged in addition to the price of the products you purchase, and any such additional charges are clearly displayed where they apply. For further details on delivery and delivery charges please see the Delivery page.
1.4 All images, sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
1.5 We reserve the right to make changes to these terms and conditions at any time. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us.
- ORDER PROCESS
2.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.2 All orders that you place on this site will be subject to acceptance in accordance with these terms and conditions. We may choose not to accept your order if products are shown on the website but are not available/in stock.
2.3 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an email, acknowledging receipt of your order and detailing the products you have ordered. However, please note that this does not mean that your order has been accepted.
2.4 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered, at which time we will send to you an order despatch confirmation email.
3.1 We will contact you by email if an item which you have ordered is no longer available or not in stock and we are not therefore able to process your order. You may cancel your order straight away if we are unable to supply the products. If you choose to proceed with an order for an item not currently in stock we will contact you as soon as it becomes available. In the event that the item does not become available within 99 days we may contact you to confirm that we cannot process the order.
3.2 The period stated within which you will receive your order is approximate, the delivery times stated are for guidance only. Occasionally our delivery to you may be affected by circumstances beyond our control. See Section 9 below for our responsibilities when this happens. Products will be sent to the address given by you in your order and stated in the Order Confirmation.
3.3 We have the right to choose the means and carrier with which we deliver your order.
3.4 Risk of loss and damage of products passes to you on the date when the products are delivered.
3.5 Repeat deliveries may incur additional charges.
- PRICES, DELIVERY CHARGES, PAYMENT AND OFFERS
4.1 Payment is taken from your Credit or Debit card at the time of despatch of the products and in the event that the payment card has expired we will be unable to take payment and fulfil your order. Where applicable, VAT (at the prevailing rate) will be added to the total of all charges on your bill.
4.2 We make every effort to ensure that the price displayed on our site is correct at the time of you placing your order.
4.3 However if an error is discovered in the price of the products that you have ordered, we will inform you as soon as possible, and you will be given the opportunity to re-order at the correct price. We shall be under no obligation to fulfil an order for a product, which was advertised at an incorrect price; if the item(s) has been charged and not despatched we will cancel and refund your order.
4.4 Pricing structures can differ between regions whilst not emulating direct currency conversation and we have the right to update these prices when we require. Offers will be made available to different regions at varying degrees, at our discretion.
4.5 The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.
4.6 Title in the products which you have ordered on this site will pass to you on delivery assuming that we have received payment in full for such products.
4.7 This site is intended for use by the general public and we therefore do not automatically provide VAT invoices. They are, however, available upon request.
4.8 Promotional codes can only be used online and are subject to this Section 4.8 and any terms and conditions issued with the code. We reserve the right to withdraw or cancel them for any reason at any time. Where a promotional code is issued to a specific individual, the right to any associated discount is personal to the recipient and may not be transferred. Promotional codes distributed or circulated without our prior written approval are not valid for use and may be refused or cancelled.
- CANCELLATION AND REFUNDS
5.1 As a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, during the period set out in Section 5.3 below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.
5.2 However, the cancellation right referred to in Section 5.1 above does not apply in the case of the following products:
- items made to your specification;
5.3 Your legal right to cancel a contract starts from the date of your order despatch confirmation email, which is when the contract between us is formed. Your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the Cancellation Period|
|Your contract is for a single product (which is not delivered in instalments on separate days)||The end date is the end of 14 days after the day on which you receive the product.|
|Your contract is for either of the following: (i) one product which is delivered in instalments on separate days; (ii) multiple products which are delivered on separate days||The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered|
5.4 The easiest way to let us know that you have decided to cancel your contract is to contact our customer services team by telephone on +44 (0)1782 652800. Please quote your order number to help us to identify it.
5.5 If you cancel your contract:
- we will refund the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. All products should be returned unused and in their original packaging.
- we will, in the circumstances referred to in Section 5.6 below only, refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
- we will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the product and we have not offered to collect it form you: 14 days after the day on which we receive the product back from you;
- if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.
- you must return the products in question to us without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the contract. Please see our Returns page for return details. If we have offered to collect the product from you, we will collect the product from the address to which it was delivered. We will contact you to arrange a suitable time for collection.
5.6 If you want to return products to us under this Section 5 because you consider that they are faulty, they have arrived damaged or broken, you will be required to provide us with clear photographic evidence of the alleged fault or damage. If we agree that the products are faulty or damaged, we will provide you with a replacement (if available) or refund the price of the products in full, together with any applicable delivery charges. If you return products to us because they have been mis-described, we will refund the price of the products in full, together with any applicable delivery charges. Please see our Returns page for further details.
5.7 We are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Section 5 or anything else in these terms and conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- INTELLECTUAL PROPERTY
6.1 You agree that all Intellectual Property Rights and all other materials contained on this site remain our property.
6.2 ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), Trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights.
6.3 All design, text, graphics, their selection and arrangement and all software compilations underlying source code, software, and all other material on this site are our copyright or are the copyright of its content and technology providers. All rights are reserved.
6.4 Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with us or for using this site as a shopping resource. Any other use of the materials on this site – including reproduction for purposes other than those noted above, modification, distribution or re-publication – without our prior written permission of is strictly prohibited.
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.3 Subject to 7.1 above, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any, economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.4 Notwithstanding the above, subject to Section 7.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.5 The products sold on this site are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of this site or for any products or services purchased from us.
7.6 Clause 7 does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.
8.1 If any of these conditions is or becomes invalid or unenforceable, then it will be modified to remove the invalidity or unenforceability and will then be binding. All other terms will remain in full force and effect.
8.2 A failure to exercise any right or remedy will not affect any right or remedy nor alter the obligations, which we have to each other.
- DELAY OR INABILITY TO SUPPLY
We will not be liable to you for any loss or damage which may arise as a result of the supply of products being prevented by circumstances beyond our control including the default of any of our suppliers.
10.1 These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase.
10.2 No waiver by us of any breach of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other position.
10.3 It is a criminal offence to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
10.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
10.5 We make no promise that materials on this site are appropriate or available for use in locations outside the United Kingdom, and accessing this site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Products sold outside of the European Union (EU) are sold excluding VAT and you are responsible for any local tax, charges and custom duties. If you refuse to pay local taxes, charges and custom duties and the products are returned to us, we have the right to withhold from the refund both the initial delivery cost and the cost of repatriating the products, up to the value of the original delivery charge.
10.6 Where we take payment for an order in Pounds Sterling, we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes. In addition, any refunds are made in the same currency that the order was placed and we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes.
10.7 A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
10.8 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions or any related contract to any third party.
- APPLICABLE LAW
11.1 These Terms and Conditions shall be construed in accordance with the laws of England and all contracts governed by them will be deemed to have been made in England.
11.2 You consent to the exclusive jurisdiction of the English Courts all matters regarding contracts governed by these terms and conditions except to the extent that we invoke the jurisdiction of the Courts of any other country.
11.3 In the event of any conflict between the English version of these terms and conditions and any translation of them, the English version will prevail.