Things You Need to Know
1 Acceptance of Terms
1.2 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 Goods from our Website.
1.3 The Maldon Deckchair Company Limited ("We" and "Us") reserves the right to update the Terms at any time by displaying amended Terms on the Website. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time. The Terms in force at the time of your order will apply to the contract between us.
1.4 If you are unhappy with any aspect of these Terms, please email us @firstname.lastname@example.org. or by contacting us in writing in accordance with Term 20.1.
2 Information about us
2.1 The Website is operated by us,The Maldon Deckchair Company. We are a company registered in England and Wales under company number 13475763. Our registered office address is at Holloway Road, Heybridge, Maldon, Essex CM9 4SQ
3 Your use of this Website
3.1 We endeavour to ensure that the Website is accessible 24 hours a day. However, we will not be liable for any losses that you may suffer if the Website is unavailable at any time or for any period or your access to the Website is interrupted, restricted or delayed for any reason. Please note that access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
3.2 By placing an order through the Website, you warrant to us that you are:
(a) legally capable of entering into binding contracts; and
(b) 18 years of age or over.
3.4 The Website and these Terms have been designed for use within the UK. Whilst we are happy to consider requests for orders from outside of the UK, we give no warranty, express or implied, that your use of the Website or the placing of any order through the Website complies with the laws and regulations of any jurisdiction outside England and Wales. Accordingly, any Goods or promotions not permitted under your local law are not offered to you if you are located outside of the UK.
4 Shopping Online
4.1 We offer secure on-line transactions. You can select Goods from the Website and add them to your shopping basket. You can monitor your spending by checking the details displayed on your screen at any time.
4.2 When you have finished putting items in your basket you should proceed to the checkout page where you are able to review your selection and delete items if desired.
4.3 To proceed with your order we will ask you for details including your name, e-mail address, and postal address. These details are required in order to process your order and/or to inform you of our acceptance of your order.
4.4 We may, unless you request otherwise, provide your phone number to our couriers for their use in arranging delivery of your order.
5.1 The prices payable for Goods that you order are as set out in the Website.
5.2 You may be requested to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in Term 11.
5.3 Prices are liable to change at any time, but changes will not affect orders already dispatched.
5.4 The Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you and inform you of this. If the Goods' correct price is higher than the price stated on the Website, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods 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 Goods to you at the incorrect (lower) price.
6 Payment Methods
6.1 You can pay online using Paypal,by credit or debit card (Visa, Delta/Connect, Switch and MasterCard). If you choose to pay using this method, you will be automatically redirected to the Paypal website during the checkout stages of the Website.
7 Import Duty
7.1 If you order Goods from our site for delivery to an address 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 you order with us.
7.2 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.
8.1 All items are subject to availability. We will inform you as soon as possible if the Goods you have ordered are not available.
8.2 If the Goods you have ordered are unavailable we will refund all monies paid by you in connection with those Goods using the payment method you used to pay for the Goods.
9 Description of Goods
9.1 All descriptions of Goods are displayed and given in good faith by us, however the colours and description of fabric and products given are a guide only and may vary slightly. We make every effort to display as accurately as possible the colours and description of the Goods that appear on the Website, however, as the actual colours you see will depend on your computer monitor, we cannot guarantee that your computer monitor's colour display will accurately reflect the colour of the Goods on delivery. We do not in any circumstances accept responsibility for the accuracy or otherwise of the advertisement nor is any kind of warranty expressed or implied by such publication.
10 Buying Goods
10.1 After you have placed an order with us for the purchase of Goods, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
10.2 The Contract between you and us will only be formed when we dispatch the Goods to you.
11 Delivery and Postage
11.1 If you pay online using Paypal you will receive an electronic receipt of your purchase (in the form of an e-mail), with your reference number against each purchase. If applicable, you should quote that reference number in case of queries.
11.2 Goods will be sent to the address given by you in your order.
11.3 Goods will not be dispatched for delivery by us until we have received full payment for the goods, including any applicable VAT and delivery charges, in cleared funds.
11.4 All our deckchair slings are made to order, we aim to despatch orders within 14 days however all orders are subject to availability of the Goods.
11.5 In the event that delivery of your order is delayed due to unforeseen circumstances we shall contact you by e-mail or by telephone to advise you of the revised delivery date for your Goods. You should anticipate a longer delivery period where delivery periods incorporate public holidays [or courier rates may apply on all orders] .
12 Cancellation by us
12.1 We reserve the right to cancel the contract if:
(a) there is insufficient stock to deliver the Goods you have ordered;
(b) delivery is not made to your area; or
(c) one or more of the Goods you ordered was listed at an incorrect price due to an error in the pricing information on the Website.
12.2 If we do cancel your contract we will notify you by e-mail. If payment has already been made, we will refund to you the full amount paid, by the payment method used, as soon as possible but in any event within thirty (30) days of your order.
13 Cancellation by you
13.1 If you are a consumer, save as provided in Term 13.2, you have a legal right to cancel your contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your right to cancel the contract starts from the date on which we process your order and dispatch the Goods to you, which is when the contract between us is formed, and ends 14 days after the day on which you receive the Goods. This means that during this period, if you change your mind or decide for any reason that you do not want to receive or keep the relevant Goods, 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.
13.2 The cancellation right provided for in Term 13.1 does not apply to contracts for Goods that are made to your specification or are personalised, i
13.3 To cancel your contract, you just need to let us know that you have decided to cancel within the relevant timescale set out in Term 13.1. You can inform us of your decision to cancel your contract by email or post at the addresses set out in Term 20.1. 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. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
13.4 If the relevant Goods have been delivered to you before you decide to cancel your contract:
(a) then you must return the Goods to us, together with all packaging, instructions and accessories supplied with such Goods, 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. Please return the relevant Goods to us at the address set out in Term 20.1;
(b) unless the Goods are faulty or not as described (in which case, see Term 14.6 below), you will be responsible for the cost of returning the Goods to us.
13.5 If you cancel your contract under this Term 13, we will:
(a) refund you the price you paid for the relevant Goods. 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;
(b) 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 (provided that this is a common and generally acceptable method).
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Goods, 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us; or
(ii) if you have not received the Goods, 14 days after you inform us of your decision to cancel your contract.
13.6 We will refund you using the payment method used by you to pay.
14.1 We are under a legal duty to supply Goods that are in conformity with your contract with us and these Terms.
14.2 If you are a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refunds set out in Term 13 or anything else in these Terms.
14.3 If you consider that any Goods that we have supplied are faulty or mis-described, please notify us of this in writing at one of the addresses set out in Term 20.1 and return the Goods to us promptly. Goods are not faulty if they become damaged because of wear and tear, misuse or accidental damage. Please note that we check the quality and workmanship of all Goods very carefully prior to dispatch.
14.4 We will let you know as soon as we receive the Goods and will then endeavour to process your request for either a refund or replacement as quickly as possible. In some cases this may take several days, so we would be grateful if you could bear with us.
14.5 If you have returned Goods to us under this Term 14 that are faulty or mis-described, we will refund the price of the Goods in full, together with the cost of sending the item to you, and any reasonable costs you incur in returning the Goods to us.
14.6 If you have requested a refund, or a replacement of a lower value than the returned Goods, a refund will be credited back to the payment card used to pay for the original order or we shall issue a cheque to you. We will let you know as soon as the refund has been processed.
14.8 If you have requested a replacement of a higher value, any difference due to us will be charged to the card used to pay for the original order or we shall require a cheque to be posted to us to cover the additional amount due.
15.1 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 not 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.
15.2 We only supply the Goods for domestic and private use. You agree not to use the Goods 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.
15.3 We do not exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from the Website. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
15.5 Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
16 Intellectual Property Rights
16.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
16.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
16.3 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.
16.4 Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
16.5 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
16.6 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
17 Statutory Rights
17.1 Your statutory rights are not affected by our returns policy.
18.1 We shall retain title to and ownership of the Goods until we have received payment in full of all sums due for the Goods, including any applicable VAT and delivery charges.
19 Written Communications
19.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Term does not affect your statutory rights.
20 Notices And Complaints
20.1 All notices given by you to us (including any complaints that you may have) should be sent in writing by post to The Maldon Deckchair Company Limited 60 Holloway Road, Heybridge, Maldon Essex CM9 4SQ or email on email@example.com
20.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
20.3 Notice will be deemed received and properly served 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21 Transfer Of Rights And Obligations
21.1 The contract is binding on you and us and on our respective successors and assigns.
21.2 You may not transfer, assign, charge or otherwise dispose of your contract with us, or any of your rights or obligations arising under it, without our prior written consent.
21.3 We may transfer, assign, charge, sub-contract or otherwise dispose of your contract with us, or any of our rights or obligations arising under it, at any time during the term of the contract, including due to an asset or business sale of Deckchairstripes Limited.
22 Events Outside Our Control
22.1 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 events outside our reasonable control (a "Force Majeure Event").
22.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures; electrical power failures, strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, acts of God; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; shortage of labour or materials; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; non-performance of third parties; loss of or fluctuations in heat, light or air conditioning; the impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government or foreign courts or tribunals.
22.3 Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
23.1 If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
23.3 No waiver by us of these Terms shall be effective unless it is expressly stated to be a waiver and it is communicated to you in writing in accordance with Term 20.1 above.
24.1 If any of these Terms or any provisions of a contract between you and us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25 Entire Agreement
25.2 You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Terms.
25.3 A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
26 Law And Jurisdiction
26.1 Contracts for the purchase of Goods through our Website will be governed by the law of England and Wales. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.