TERMS and CONDITIONS
1. Our Contract1.1.These Terms and Conditions govern the supply of goods sold by Joanna Cochrane t/a The Cap Cabin, Harvest Barn, Mere Farm Lane, Great Barton, Suffolk, IP31 2PH. (“we” and “us”) to the customer (“you”) these constitute the entire and only agreement between us in relation thereto. All orders placed are subject to acceptance of an order number or by delivery of the goods to you at which point a legally binding contract is constituted between us on these Terms and Conditions.
2. Price & Payment2.1 The price payable for the goods you order is as set by email or in writing at the time you place your order or, plus any charges for carriage as agreed in the same manner. We reserve the right to change the price of goods, due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
2.2 Occasionally an error may occur with our system and goods may be incorrectly under priced, in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.3 Subject to clause 2.4, we must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.
2.4 If you are an account customer, payment shall be made in full 30 days after following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the rate of 3 per cent over the current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgment, together with any reasonable legal or other recovery costs.
3. Delivery & TitleWe will deliver goods in accordance with your order. A valid signature will be required on collection or delivery. Upon delivery of the goods to you, the goods shall be at your risk.
4. AvailabilityWhile we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted equivalent product of equal or higher value, or refund you the price paid for such goods.
5. ReturnsWe will accept items for return within 14 days from the goods are delivered, providing;-
- the goods are still in the original packaging
- goods are in re-sellable condition and in their original packaging
- the goods are not personalised.
It is the customers responsibility to cover the cost of all carriage.
6. LiabilityIf you have notified us of a problem with the goods within 7 days of delivery, we will (subject to clause 4) either rectify any shortage or non-delivery; replace/repair any goods that are damaged or defective upon delivery. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods, or delivery timescale, and we shall have no liability to pay any money to you by way of compensation, other than any refund we make under these conditions. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
7. Limited Companies - GuaranteeLimited companies who order automatically enter into a credit agreement and accept all these terms and conditions. Employees of limited companies ordering do so on behalf of said limited company, agree to the managing director being a guarantor and undertakes to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations. If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
8. TerminationWe reserve the right to suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
9. Force MajeureWe shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
We cannot be held responsible for any spelling mistakes by the buyer on personalised goods. (A record of all correspondance is kept). A digital proof of any printed garment will only be supplied if requested. Requesting a proof is the buyers responsibility and failure to do so absolves Joanna Cochrane t/a The Cap Cabin from any liability from printing errors.