TERMS AND CONDITIONS OF SALE

WEBSITE TERMS AND CONDITIONS OF SALE

LAST UPDATED 27.05.2018

LAST REVIEWED 27.05.2018

THESE TERMS AND CONDITIONS OF SALE TELL YOU INFORMATION ABOUT US AND THE LEGAL TERMS AND CONDITIONS ON WHICH WE SELL THE PRODUCTS LISTED ON OUR WEBSITE WWW.ABERCROMBIECUMBES.CO.UK

 

THESE TERMS WILL APPLY TO ANY CONTRACT BETWEEN US FOR THE SALE OF PRODUCTS TO YOU. PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND THEM, BEFORE ORDERING ANY PRODUCTS FROM OUR SITE.  PLEASE NOTE THAT BY ORDERING ANY OF OUR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND THE OTHER DOCUMENTS EXPRESSLY REFERRED TO IN IT.

 

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. Each time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.


If you have any questions about these terms or need advice as to your legal rights, advice is available from your local Citizens’ Advice Bureau or Trading Standards Office.


1. SCOPE AND APPLICATION OF TERMS AND CONDITIONS

1. These conditions apply to all purchases of products. ("Products") which are owned by us (Abercrombie Cumbes), the Seller, and sold through this website ("Site"): www.abercrombiecumbes.co.uk

References to "us", "we" or "our" being construed accordingly), to (b) you, the purchaser (references to "you" or "your" being construed accordingly).

 

2 INFORMATION ABOUT US

www.abercrombiecumbes.co.uk is a site owned and operated by Collette Abercrombie Cumbes, 98 Gillam Street, Worcester,

WR3 8LD.

To contact us, please email collette@abercrombiecumbes.co.uk or write to us at the above address.

2. USE OF THE ABERCROMBIE CUMBES SITE

 

Your use of the Abercrombie Cumbes sites is governed by our Website Terms and Conditions, Website Acceptance Use Policy and Website Private Policy, Please take the time to read these as terms there within may/will apply to you.

 

3. OUR PRODUCTS AND PRODUCT IMAGES

  1. 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.

  2. The packaging of the Products may vary from that shown on images on our site.

  3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

  4. All images, descriptions and text remain the property of Abercrombie Cumbes.

 

4. YOUR STATUS

  1. You may only place an order through www.abercrombiecumbes if:

    1. you are legally capable of entering into binding contracts;

    2. you are at least 16 years old; and

    3. you are a consumer (this means that you are an individual purchasing the products outside the course of your business or trade).

  2. You confirm and agree that all products you order are for your own private and domestic use and are not for resale.

 

5. RETENTION OF TITLE

 

All goods remain the property of Abercrombie Cumbes until the full payment has been made.

 

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

  1. For the steps you need to take to place an order on our site, please see our Help and FAQ pages.

  2. 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.

  3. 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 6.4

  4. 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.

  5. 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 of an error in the price on our site, 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 as soon as possible.

 

7. OUR RIGHT TO VARY THESE TERMS

  1. We may revise these Terms from time to time in the following circumstances:

    1. changes in how we accept payment from you;

    2. changes in relevant laws and regulatory requirements

  2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

  3. Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

8. CANCELLATION RIGHTS, YOUR RIGHT TO REVOCATION

  1. As a consumer, you have a legal right to cancel a Contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your right to cancel a Contract begins on the date you place your order and ends 14 calendar days from the day after you receive the product you have ordered.

  2. To cancel a Contract, please notify us in writing during the time period specified in clause 8.1. Send an email to collette@abercrombiecumbes.co.uk. Please include details of your order to help us identify it. We will send you an email to confirm we have received your notification of cancellation. However, this cancellation right does not apply in the case of any bespoke products made to your specification or products clearly personalised. Personalised and/or bespoke orders cannot not be cancelled and are non refundable due to their nature.

  3. If you cancel your Contract in accordance with clause 8.2, you will receive a full refund of the price paid for the product and original delivery charges but you will not receive a refund of the cost of returning the product to us.

  4. If we have already dispatched the product before you decide to cancel your Contract, you must return it to us as soon as possible and, in any event, within 14 calendar days of cancellation. Returns must be made to Abercrombie Cumbes, 98 Gillam Street, Worcester, WR3 8LD. England, UK. If you return a product by post, you will need to pay the costs of returning the product to us and obtain proof of posting. Please enclose your order number, name and address in your original parcel and complete the relevant sections for a refund.

  5. We will process your refund as soon as possible. If we have dispatched the product before you cancel the Contract, we will process your refund within 14 calendar days after the day on which we receive the product back. If we have not yet dispatched the product before you cancel the Contract, we will process your refund within 14 calendar days of your cancellation.

  6. If you only cancel the Contract in respect of some but not all of the products in an order, you will not be entitled to a refund of the delivery charge as our delivery charges are charged at a flat rate per order and not by weight.

  7. Products must be returned in their original condition. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled it.

9. WARRANTIES AND GUARANTEES

  1. We warrant to you that any product purchased from us will be, for a period of 6 months from the date of delivery, of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied.

  2. We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.

  3. Our liability for losses you suffer as a result of us breaking these terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these terms. Losses are foreseeable if they are an obvious consequence of our breach or they were contemplated by you and us at the time the Contract was formed.

  4. We do not exclude or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; (d) for fraud or fraudulent misrepresentation; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

  5. We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

 

In the event of a faulty items please contact us and we will advise you on the next steps: collette@abercrombiecumbes.co.uk

 

10. FAULTY ITEMS

  1. Nothing in these terms and conditions affects your legal rights in respect of products which are defective or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

  2. If you think that a product is defective or mis-described, please contact us via email: collette@abercrombiecumbes.co.uk. We will be able to advise you on how to return your goods.

  3. All returns for potentially defective products will be examined once they have been received by us and we will notify you if you are entitled to a refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 calendar days of the day we notified you via email that you were entitled to a refund for these products. If it is the case that we notified you that you are entitled to a refund, you will receive a full refund of the price paid for the product, the original delivery charges and the cost of returning the product to us.

 

11. REFUNDS

We will usually refund any money due to you using the same method originally used by you to pay for your purchase.

12. DELIVERY

  1. Your order will be dispatched within 10 working days unless otherwise stated or there is an Event Outside Our Control. If we are unable to dispatch within the stated time because of an Event Outside Our Control, we will contact you with a revised estimated dispatch date.

  2. Delivery will be completed when we deliver the Products to the address you gave us.

  3. The Products will be your responsibility from the completion of delivery.

  4. You own the Products once we have received payment in full, including all applicable delivery charges.

  5. Delivery estimates will vary during busy seasonal periods and times of postal disruptions.

13. INTERNATIONAL DELIVERY

  1. We deliver to countries outside the UK where reasonably possible. 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.

  2. By making your purchase you are agreeing that all customs charges and import taxes will be paid by yourself. Abercrombie Cumbes is not liable for any customs charges, import taxes or other fees incurred after dispatch.

  3. 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.

 

14. PRICE AND PAYMENT

  1. The prices of the products will be as quoted on www.abercrombiecumbes.co.uk from time to time at the time you place your order. However, please see clause 6.5 for what happens if we discover an error in the price of any product you order.

  2. We may change our prices at any time but changes will not affect any order in respect of which we have already sent you a Dispatch Confirmation.

  3. We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

  4. We require payment for products and any delivery charges in advance of delivery

 

15. PERSONAL INFORMATION

  1. Where you have provided us with personal information, we will use this information to process your order and supply products to you. We will only use your personal information in accordance with our Website Privacy Policy.

  2. You are responsible for protecting and maintaining the confidentiality of your account and its details. You accept all responsibility of activities undertaken on your account.

  3. GDPRThe EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC. We only collect data needed to complete your order. This includes your name, address, contact number and email address. Payments are taken via Paypal or Stripe. The Privacy Policies for these can be found here: www.paypal.com/uk/webapps/mpp/ua/privacy-full and https://stripe.com/gb/privacyFor our Tax Records, we require your order data for six years. Information provided will never be sold or given to third parties. All correspondence will be kept for 12 months, following this, it will be deleted.

  4. When requesting removal of your data, please send an email to collette@abercrombiecumbes.co.uk You will be asked to prove your identity before we remove data held.

 

16. RESERVATION OF ACCESS

  1. We reserve the right to prevent access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. Cancelled orders will be refunded where payment has been successfully made.

  2. We reserve to right of lmitiation of access to www.abercrombiecumbes.co.uk The website may be unavailable during updates and amendments.

 

17. EVENTS OUTSIDE OUR CONTROL

We are not liable for events outside which affect our services that are beyond our reasonable control.

18. OUR LIABILITY TO YOU

Nothing in these Terms will exclude or limit liability to you for fraud, death or personal injury or any other liability which the law states may not be excluded or limited.

 

Abercrombie Cumbes will not be liable to you under a contract for:

  • any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;

  • any loss or corruption of or damage to data; or

  • any loss or damage which was not a reasonably foreseeable result of either breach of a contract or breach of legal duty of care.

 

19. OTHER IMPORTANT TERMS

 

  1. If we do not insist upon strict performance of any of your obligations under these terms or if we do not enforce any of our rights against you, this shall not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.

  2. Each of the clauses in these terms operates separately. If any court decides that any of them are unlawful or unenforceable, the remaining clauses will continue in full force and effect.

 

20. LAW AND JURISDICTION

These terms and any claim or dispute arising in relation to a Contract will be governed by English law. You and we agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute.

21. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By using our site and ordering you are accepting all of our terms and conditions and our private policy. Terms and conditons and private policies may change.

22. USE OF COOKIES

We use cookies to provide the services and features offered on our website, and to improve our user experience. Cookies are small files or other pieces of data which are downloaded or stored on your computer or other device, that can be tied to information about your use of our website (including certain third party services and features offered as part of our website).
By clicking ”I Accept” you agree to such use of cookies, unless you later decide to disable them.
If you delete or disable our cookies you may experience interruptions or limited functionality in certain areas of the website.

 

If you have any questions, please contact us via email: collette@abercrombiecumbes.co.uk