Terms & Conditions
Terms and Conditions
By using this website and making a purchase you consent to the following terms and conditions:
Please note:
· All orders are subject to acceptance and availability.
· All sizes are in millimeters and are included as a guide only.
· All our products are handmade which makes each item unique.
· Images may not show the exact colour of items.
· All prices are in GB £ (pounds) sterling.
Should there be errors of price or description on the website, we reserve the right to supply goods at the corrected price.
Conditions Relating to the Sale of Products to You
When you place an order to purchase a product from Cry of the Gulls, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product that is accepted by us when we send the e-mail confirmation to you that we have dispatched the product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not been confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
We do not recommend that you give jewellery to babies or small children as they may hurt themselves, and such items may present a choking hazard. Cry of the Gulls cannot be held responsible for any such damage or injury.
Full Terms And Conditions
Definitions:
· Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.
· Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
· Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
· Goods means the articles that the Buyer agrees to buy from the Seller.
· Website means www.cryofthegulls.co.uk
· Seller means Cry of the Gulls of 2,Webb Street, Fowey, PL23 1AP that owns and operates www.cryofthegulls.co.uk
· Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address at 2,Webb Street, Fowey, PL23 1AP.
Ordering
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.
The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
Age of consent
Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
Price and payment
The price of the Goods shall be that which is stipulated on the Website. The price is inclusive of VAT where that is appropriate.
The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
Delivery
Goods supplied within the UK will normally be delivered within 7 working days of acceptance of order.
Goods supplied outside the UK will be delivered according to quotation.
Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date or time.
Delivery of the Goods shall be made to the Buyer’s address as specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Rights of seller
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order. The Seller reserves the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
Warranty
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.
All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
Limitation of liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
Waiver
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes to terms and conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Disclaimer
Cry of the Gulls is not responsible for the content of any web sites which may be linked to this web site.
Unsolicited Emails
Cry of the Gulls do not send out spam or any unsolicited advertising emails. We only send information to those who have requested information.
How we protect your information
Cry of the Gulls keeps all personal information private. We do not provide or sell any such information to any third party. Personal information collected by us is stored in secure environments that are not accessible to the public. All credit card and billing information is stored and transmitted using SSL (Secure Socket Layers). Your credit card and billing information will not be provided to a third party under any circumstances.
Cry of the Gulls will not disclose your personal information unless acting in good faith and under the belief that such action is necessary to:
(a) conform to legal requirements or comply with legal process; or
(b) act to protect the interests of its staff and or other qualified bodies.
Cry of the Gulls complies with the United Kingdom Data Protection Act 1998 and the Data Protection Principles set out in that Act in the collection and processing of personal information.
You may obtain a copy of your personal information held by Cry of the Gulls by contacting us and requesting a copy.
Contacting us
If at any time you believe that Cry of the Gulls has not adhered to these principles, please notify us by email at info@cryofthegulls.co.uk and we will use all reasonable efforts to promptly determine and correct the problem.
Returns Policy
Returns
Please review our returns policy, which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days.
Cancellation and return
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller as soon as possible and within no more than 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any part of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
Cancellation
Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges, within 30 days of cancellation.
If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
Goods to be returned must clearly show the order number and/or copy of receipt obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
