For delivery before Christmas please order your Welsh Slateware by Sunday 10 December 2017 . . . Merry Christmas
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Your attention is drawn in particular to the provisions of clause 13 (if you are business customer) and clause 14 (if you are a consumer)
You should print a copy of these Terms or save them to your computer for future reference.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.slateware.co.uk. We are Welsh Slate Limited, a company registered in England and Wales under company number 06391123 and with our registered office at Penrhyn Quarry, Bethesda, Bangor, Gwynedd LL57 4YG. Our main trading address is Penrhyn Quarry, Bethesda, Bangor, Gwynedd LL57 4YG. Our VAT number is 923790411.
1.2 To contact us, please see our Contact Us page.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Slate is a natural material with variations in texture and colour. We cannot and do not, therefore, guarantee any match in relation to the markings of any Product to those contained in the images displayed on our site.
2.2 In addition, although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.3 Although we have made every effort to be as accurate as possible, because our Products are made from a natural material, all sizes, weights, capacities, dimensions and measurements indicated on our site may have a nominal tolerance.
2.4 The packaging of the Products may vary from that shown on images on our site.
2.5 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.
3. Use of our site
4. How we use your personal information
5. This clause 5 applies to consumers only
5.1 If you are a consumer, you may only purchase Products that contain a knife from our site if you are at least 18 years old. By ordering a Product from our site that contains a knife you confirm that you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. This clause 6 applies to business customers only
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. How the contract is formed between you and us
7.1 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.
7.2 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 7.4.
7.3 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.
7.4 If we are unable to supply you with a Product, 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.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
9. Consumer rights of return and refund
This clause 9 only applies to consumers.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of Products made to your specification or clearly personalised.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 To cancel a Contract, please advise us in writing via e-mail to firstname.lastname@example.org or letter to Slateware Welsh Slate Ltd Penrhyn Quarry, Bethesda, Bangor, Gwynedd LL57 4YG. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
9.5 If the Products were delivered to you and you wish to cancel the Contract during the seven day period referred to in clause 9.3:
(a) you must return the Products to us as soon as reasonably practicable. If required, we will collect the Products from the original delivery address. Please contact us if you require collection so that we can arrange a suitable time and notify you of our collection charges;
(b) unless the Products are faulty or not as described (in this case, see clause 9.8), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.6 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
9.7 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for in relation to the delivery of the Products to you. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.8.
9.8 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the defective Products in full, any applicable delivery charges and any reasonable costs you incur in returning the defective Products to us. If you require us to collect any Product that is faulty or mis-described please contact us to arrange a convenient time.
9.9 We will usually refund you on the credit card or debit card used by you to pay for the returned Products.
9.10 We would recommend that you obtain a Certificate of Posting from the post office if you are returning any Products as proof of return and postage may be required should the Products be lost in transit.
9.11 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 Your order, if accepted by us, will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. An Event Outside Our Control is defined below in clause 15.2.
10.2 Delivery will be completed when we deliver the Products to the delivery address you gave us.
10.3 We will contact you prior to delivery with an approximate time of delivery. If no one is available at your address to take delivery, we will leave you a note that the Products could not be delivered in which case, please contact us to rearrange delivery. Additional charges for rearranged delivery may be payable by you prior to delivery.
10.4 The Products will be your responsibility from the completion of delivery.
10.5 You own the Products once we have received payment in full, including all applicable delivery charges.
10.6 Unfortunately, orders made via our site cannot be delivered to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK
10.7 Please contact our sales office on 01248 600656 or by email to email@example.com for international deliveries.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. Please see clause 11.5for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product 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 Products using a debit card or credit card. We accept the following cards: Maestro, Visa, Electron, MasterCard, Business Issue Cards and Diners.
12.2 Payment for the Products and all applicable delivery charges is in advance.
12.3 Payment for the Products is processed via WORLDPAY
13. Our liability if you are a business
This clause 13 only applies if you are a business customer.
13.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13.2 Subject to clause 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.3 Subject to clause 13.1and clause 13.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of:
(a) the insurance cover effected by us and available to meet the claim made against us; and
(b) the price of the Products in relation to which the claim is made against us
PROVIDED THAT nothing in this clause 13.3 shall create or imply any obligation on us to effect insurance nor shall it imply or be treated as any representation or warranty that we have effected any insurance.
13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13.5 Subject to clause 13.1, we shall not be liable to you for any claim in respect of Products alleged to be defective:
(a) unless adequate details of defects and the claim are given to us in writing within 14 days of delivery of the relevant Products and we are given a reasonable opportunity after receiving such notice of examining the relevant Products; or
(b) if you make any further use of the Products after giving notice to us pursuant to clause 13.5(a); or
(c) if the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the Products or (if there are none) good trade practice; or
(d) if you alter such Products.
13.6 You shall indemnify us and keep us indemnified at all times against all claims, damages or losses suffered or incurred by us in connection with any claim made against us by a third party where such claim arises from or is as a result of:
(a) any use of the Products by you; or
(b) any resale of the Products by you; or
(c) the provision of any goods or services incorporating the Products by you.
14. Our liability if you are a consumer
This clause 14 only applies if you are a consumer.
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. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any 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.
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);
(e) defective products under the Consumer Protection Act 1987; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
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:
(a) strikes, lock-outs or other industrial action by third parties; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) failure of public or private telecommunications networks; or
(e) 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 the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. Communications between us
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to Slateware Welsh Slate Ltd Penrhyn Quarry, Bethesda, Bangor, Gwynedd LL57 4YG. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail at email@example.com or by pre-paid post to Welsh Slate Limited Penrhyn Quarry, Bethesda, Bangor, Gwynedd LL57 4YG. You can also contact us by using our Customer Services telephone line 01248 600656.
16.3 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.
16.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent, or three 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
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. We will always notify you in writing if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
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 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 If you are a consumer, please note that 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 to 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.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.8 We will not file a copy of the Contract between us.