Terms & Conditions
Terms of Supply - Consumer
- This page (together with our Privacy Policy and Terms of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
- These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
- You should print a copy of these Terms or save them to your computer for future reference.
- We amend these Terms from time to time as set out in clause. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 25/03/2017. These Terms, and any Contract between us, are only in the English language.
Information about us
1.1 Shed on the Fell is owned and run by Laura Brown and Steven Brown, 31 Green Lane, Longridge, Lancashire, PR3 3RB. We operate the website shedonthefell.com
1.2 Contacting us
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause, you just need to let us know that you have decided to cancel. The easiest way to do this is to message us. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can message us.
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Our Products
1.3 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
1.4 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
1.5 The packaging of the Products may vary from that shown on images on our site.
Use of our site
1.6 Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
1.7 You may only purchase Products from our site if you are at least 18 years old.
How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
How the contract is formed between you and us
1.8 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.
1.9 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause.
1.10 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
1.11 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
Our right to vary these Terms
1.12 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
1.13 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
1.14 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost and by such method as we direct) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Your consumer right of return and refund
1.15 You have a legal right to cancel a Contract during the period set out below in clause . 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. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
1.16 However, this cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery.
1.17 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), 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.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
one Product which is delivered in instalments on separate days.
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.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
1.18 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to message us.
1.19 If you cancel your Contract we will:
1.19.1 refund you 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 goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
1.19.2 refund any delivery costs you have paid to have the Products delivered to you, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
1.19.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
1.19.3.1 if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. It is your responsibility to ensure that any Products returned to us are properly insured. We will not be responsible for any items lost or damaged in transit;
1.19.3.2 if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
1.20 If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
1.21 We will refund you on the credit card or debit card used by you to pay. If you used a vouchers to pay for the Product we may refund you in vouchers.
1.22 If a Product has been delivered to you before you decide to cancel your Contract:
1.22.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. It is your responsibility to ensure that any Products returned to us are properly insured. We will not be responsible for any items lost or damaged in transit. ;
1.22.2 unless the Product is faulty or not as described (in this case, see clause ), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.;
1.23 Because you are a consumer, 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 clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Delivery
1.24 We aim to get our Products to you between 3-5 working days after you receive the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause for our responsibilities when this happens.
1.25 If no one is available at your address to take delivery, a note will be left at your address explaining that the Products have either been taken to a local post office for collection (or a local depot) and/or providing you with contact details to arrange redelivery.
1.26 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
1.27 You own the Products once we have received payment in full, including all applicable delivery charges.
1.28 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
1.28.1 we have refused to deliver the Products;
1.28.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
1.28.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
1.29 If you do not wish to cancel your order straight away, or do not have the right to do so under clause , you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
1.30 If you do choose to cancel your Order for late delivery under clause 8.5 or clause 8.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
International delivery
1.31 If you order Products from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
1.32 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
1.33 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Price of products and delivery charges
1.35 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause for what happens if we discover an error in the price of Product(s) you ordered.
1.36 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
1.37 All our Products are priced in pounds sterling and the price include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
1.38 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.
1.39 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
How to pay
1.40 We accept all major credit and debit cards.
1.41 Payment for the Products and all applicable delivery charges is in advance.
Our liability to you
1.42 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
1.43 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.44 We do not in any way exclude or limit our liability for:
1.44.1 death or personal injury caused by our negligence;
1.44.2 fraud fraudulent misrepresentation;
1.44.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
1.44.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
1.44.5 defective products under the Consumer Protection Act 1987.
Events outside our control
1.45 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause .
1.46 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1.47 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
1.47.1 we will contact you as soon as reasonably possible to notify you; and
1.47.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
1.48 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
Other important terms
1.49 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
1.50 When we refer, in these Terms, to "in writing", this will include e-mail.
1.51 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
1.52 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
1.53 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1.54 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
1.55 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Terms of website use
· This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website shedonthefell.com (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
· Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
· By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
· If you do not agree to these terms of use, you must not use our site.
Other applicable terms
· These terms of use refer to the following additional terms, which also apply to your use of our site:
· Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
· If you purchase goods from our site, our Terms and conditions of supply will apply to the sales. Please refer to these below.
Changes to these terms
· We may revise these terms of use at any time by amending this page.
· Please check this page from time to time to take notice of any changes we made, as they are binding on you.
· Changes to our site
· We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
· We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
· Our site is made available free of charge.
· We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
· You are responsible for making all arrangements necessary for you to have access to our site.
· You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Your account and password
· If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
· We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
· If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us through our messaging service.
Intellectual property rights
· We are the owner or the licensee of all intellectual property rights in our site to you, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
· You may may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
· You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
· Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
· You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
· If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Testimonials
· We enjoy hearing our customers' comments about us and our products. If you chose to contact us we may display the content of your email on our testimonial page. Any comments you make by email to us will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by contacting us through our email address, you are granting us a limited licence to use, store and copy that content and to upload that content to our testimonials page. We will only ever refer to your first name and the county you are corresponding from on such testimonial. If you wish your comment to be printed anonymously please advise us of this when you get in touch.
· No reliance on information
· The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
· Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
· To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
· We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
· If you are a business user, please note that in particular, we will not be liable for:
· loss of profits, sales, business, or revenue
· business interruption
· loss of anticipated savings
· loss of business opportunity, goodwill or reputation
· or any indirect or consequential loss or damage
· If you are a consumer user, please note that we only provide our site to you for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
· We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
· We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
· Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions of supply for consumers below.
Viruses
· We do not guarantee that our site will be secure or free from bugs or viruses.
· You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
· You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
· You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
· You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
· You must not establish a link to our site in any website that is not owned by you.
· Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
· We reserve the right to withdraw linking permission without notice.
· If you wish to make any use of content on our site other than that set out above, please contact us via our messaging service.
· Third party links and resources in our site
· Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
· We have no control over the contents of those sites or resources.
Applicable law
· If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
· If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Contact us
To contact us, please message us.
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