COSY CASHMERE LIMITED WEBSITE TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS
These terms apply to all contracts between you and us for our sale of goods to you via the Cosy Cashmere website.
"We / our / us" means Cosy Cashmere Limited. Further details of Cosy Cashmere Limited can be found at paragraph 1 below.
"You / your" means the person placing an order with us on our site for the purchase of goods.
It is important that you read these terms carefully and make sure that you understand them, before ordering any goods from our site. 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 and buy any goods from our site.
We suggest that you should print a copy of these terms for future reference.
Please note that we may amend these terms from time to time as set out in paragraph 6. Every time you wish to order goods, please check these terms to ensure that you understand the terms which will apply to your order at that time.
These terms, and any contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.cosy-cashmere.co.uk. We are Cosy Cashmere Limited, a company registered in England and Wales under company number 4523659
Our registered office is at White Rose Mills, Holdsworth Road, Holmfield, Halifax HX3 6SN. Our VAT number is 199983025.
(a) If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0800 0484510 or by e-mailing us at firstname.lastname@example.org.
(b) 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.
2. OUR GOODS
2.1 The images of the goods 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 goods. your ordered goods may therefore vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes and measurements indicated on our site have a plus or minus 2% tolerance.
2.3 The packaging of the goods may vary from that shown in images on our site.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. YOUR OBLIGATIONS
4.1 You may only purchase goods from our site if you are at least 18 years old. When ordering goods you confirm and agree with us that this is the case.
4.2 You may only order goods from us for your own, or another's, personal use. You cannot order goods from us as a business customer.
4.3 When placing an order with us, and entering into a contract with us, you agree that you will not re-sell or hire the goods in the course of a business.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 The pages on our site will guide you through the steps you need to take to place an order with us. The process allows you to check and amend any errors before submitting your order to us. Please ensure that you take the time to read and check your order at each stage of the order process.
5.2 After you place an order, you will receive an e-mail from us confirming that we have received your order. Please note that this does not mean that your order has been accepted. our acceptance of your order will only take place as described in clause 5.3.
5.3 We will confirm our acceptance of the order to you by sending you an e-mail that confirms that the goods are to be dispatched to you. The Contract between us and you is only formed when we send you this order acknowledgement.
5.4 If we should be unable to supply you with the goods that you have ordered for any reason we will inform you of this by e-mail and we will not process your order. We will refund you the full amount you have paid including any delivery costs we have charged as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 we may amend these terms from time to time.
6.2 Every time you order goods from us, the terms in place at the time of your order will apply to the contract between you and us.
6.3 We will usually revise these terms from time to time to reflect changes in relevant laws and regulatory requirements but we may also change them for any other reason.
6.4 Any change that we make to these terms will not apply to any contract that has already been made between you and us.
7. YOUR RIGHT OF RETURN AND REFUND FOR ANY REASON
7.1 We are entirely confident that upon receipt of the goods you will be entirely happy with them. However, you do have the legal right to return the goods to us in accordance with the terms of this paragraph 7 for any reason. The law states that we must allow you 14 days to return the goods under this paragraph, but we allow you 30 days in which to do so. Please however note paragraph 7.5 below.
7.2 This legal right to cancel a contract is set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means that for a period of 30 days if you change your mind or decide for any other reason that you do not want to receive or keep any of the 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.
7.3 Your legal right to cancel a contract starts from the date of the order acknowledgement (which is the date on which we e-mail you to confirm our acceptance of your order as explained in paragraph 5.3). This is the date when the contract between us and you is formed. your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out below:-
(i) If your contract is for one item / good only then the last date you may cancel is the end of 30 days after the day on which you receive it. For example, if we provide you with the order acknowledgement on 1 January and you receive the goods on 10 January you may cancel at any time between 1 January and the end of the day on 9 February (30 days).
(ii) If your contract is for a number of goods which are delivered on separate days, then the last date you may cancel is the end of 30 days after the day on which you receive the last of the goods ordered. For example, if we provide you with the order acknowledgement on 1 January and you receive the first instalment of your goods on 10 January and the last instalment on 15 January, you may cancel all or any part of the goods at any time between 1 January and the end of the day on 14 February.
7.4 To cancel a contract, you must let us know that you have decided to do so. Whichever way you decide to notify us of your decision, please ensure that you refer to the order number we have given to you to enable us to trace your order. Please complete the returns form enclosed with your delivery and use the pre-paid returns label. Please take this to you nearest Post Office.
Alternatively, you can e-mail us at email@example.com or contact our Customer Services team by telephone on 0800 0484510 or in writing to our address in paragraph 1.1. If you are e-mailing us or writing to us please include details of your order number to help us to identify you. Please note that if you send us your cancellation notice by e-mail or by post, then your cancellation will be effective from the date you send us the e-mail or post the letter to us.
For details about how to return the goods please see paragraph 7.6.
7.5 It is important that you are aware that you must not use or wear the goods until you have decided whether or not you intend to keep them. We are allowed to reduce your refund to reflect any damage or 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.
7.6 Subject to paragraph 7.5 above, we will refund to you the value of the goods you have decided to return under this paragraph together with any delivery costs that you paid to receive the goods. We will make the refund as soon as possible and in any event 14 days after the day on which we receive the returned 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.
7.7 We will refund you on the credit card or debit card used by you when you paid for the goods.
8. FAULTY GOODS
8.1 We are under a legal duty to supply goods that are in conformity with the contract. 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 refund in this paragraph 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 You have 30 days in which to inspect the goods we have sent to you during which time you can establish whether or not the goods are defective, faulty or not as described. If you believe that any goods supplied to you are defective, faulty or not as described, then within the period of 30 days following the date upon which you received the goods you may reject them.
8.3 If this is the case, then you may either return the defective goods to us and ask for a full refund (including the cost you paid for delivery) or alternatively you can chose to return the defective goods and ask us to send you a replacement.
8.4 Please contact us if you believe that the goods are defective, faulty or not as described. Details of how to contact us can be found at paragraph 1.2(a). We will then make arrangements with you for the return of the goods, and arrange for a replacement or refund dependent upon your decision.
8.5 Refunds will be made on the credit card or debit card you used to pay for the goods when you ordered them.
8.6 If you decide that you want a replacement of the defective goods, then you again have 30 days from receipt of those replacement goods to inspect them and the same provisions as set out in paragraphs 8.1 - 8.5 will apply to those replacement goods.
9.1 We will give you an estimated delivery date for goods that you have ordered when we send you the Order Confirmation. We will endeavour to send you the goods as soon as we can, and usually they should be received by you within 5 days. However, we cannot guarantee this and, subject to paragraph 9.2, the time for delivery is not of the essence.
9.2 We do guarantee that you will receive goods that you have ordered within 30 days of the date that you placed your order with us (unless we have advised you that we are unable to fulfil your order under the provisions of paragraph 5.4). If we fail to deliver the goods to you within this 30 day period then you may cancel the contract with us and we will give you a full refund of the money that you have paid for the goods that we have failed to deliver within this time (together with the money you paid for delivery).
9.3 Occasionally our delivery to you may be affected by an Event Outside our Control. Please see paragraph 15 for our responsibilities when this happens.
9.4 If we cannot ensure that goods can be safely delivered through your letterbox and there is no one available to accept delivery of the goods, we will leave you a note that the goods have been returned to our premises, in which case, please contact us to rearrange delivery.
9.5 Delivery of an Order shall be completed when we deliver the goods to the address you gave us and the goods will be your responsibility from that time.
9.6 You only own the goods once we have received payment in full, including all applicable delivery charges.
9.7 If we should agree a specific date for delivery of the goods with you when you place an order with us and we miss the specified delivery deadline then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the goods; or
(b) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.8 If paragraph 9.7 applies and you do not wish to cancel your order straight away, 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.
9.9 If paragraphs 9.6 or 9.7 apply, after you cancel your order we will refund any sums you have paid to us for the cancelled goods and their delivery.
10. INTERNATIONAL DELIVERY
10.1 If you order goods from our site for delivery to a country outside the United Kingdom, 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.
10.2 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.
10.3 You must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable or responsible if you break any such law.
11. PRICE OF GOODS AND DELIVERY CHARGES
11.1 The prices of the goods will be as quoted on our site at the time you submit your order. Please note that the prices include value added tax (VAT) where appropriate but do not include delivery charges.
11.2 We take all reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the site. However please see paragraph 11.5 for what happens if we discover an error in the price of any goods that you ordered.
11.3 Prices for our goods may change from time to time, but changes will not affect any order you have already placed and where we have provided the order confirmation.
11.4 The price of goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please place the goods in your "basket" and your "basket" will automatically calculate the delivery costs.
11.5 Our site contains a large number of goods. It is always possible that, despite our reasonable efforts, some of the goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the good's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the goods to you. However, 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; and
(b) if the good's correct price is higher than the price stated on our site, we will contact you as soon as possible 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.
12. HOW TO PAY
12.1 You can only pay for goods using a debit card, credit card, and PayPal. We accept the following cards: Visa, Visa Debit, Visa Electron, MasterCard, Maestro.
12.2 Payment for the goods and all applicable delivery charges is in advance. We will charge your debit card or credit card at the time that we receive your order.
13. OUR WARRANTY FOR THE GOODS
13.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.2 and clause 13.3.
13.2 The warranty in clause 13.1 does not apply to any defect in the goods arising from:
(a) fair wear and tear;
(b) wilful damage, accident, negligence by you or by any third party;
(c) if you fail to use, care for, wash or clean the goods in accordance with the instructions or labelling;
(d) any alteration or repair by you or by a third party; or
(e) any specification provided by you.
13.3 This warranty is in addition to, and does not affect, your legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14. OUR LIABILITY TO YOU
14.1 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 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 the contract with you.
14.2 We only supply the goods for personal 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.
14.3 We do not in any way 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 section 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. EVENTS OUTSIDE OUR CONTROL
15.1 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 an event outside our control. An event outside our control is defined below in clause 15.2.
15.2 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.
15.3 If an event outside our control takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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 goods to you, we will arrange a new delivery date with you after the event outside our control is over.
15.4 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 part of the goods you have already received under the contract and we will refund the price you have paid, including any delivery charges.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer, in these terms, to "in writing", this will include e-mail.
16.2 You may contact us as described in clause 1.2.
17. OTHER IMPORTANT TERMS
17.1 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.
17.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing. However if you have purchased goods as a gift, then you may transfer the benefit of our warranty in clause 13 to the recipient of the gift without needing to ask our consent.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of any goods will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these terms.
17.4 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.
17.5 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 agree to 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.
17.6 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 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.
Cosy Cashmere Limited