Terms and conditions

Terms & Conditions These are the Standard Terms and Conditions of Sale of: Rian Hotton Jersey, Channel Islands info@rianhotton.com   (“the Seller”, “I” or “Me”) for certain products as set out in the pages on this site (“the Goods”). Subject to the provisions of Clause 4.2 below, the price of the Goods the delivery charges and Value Added Tax where applicable is set out on the Order Form. Whilst every effort is made to deliver the Goods in accordance with the time- scales set out for delivery in the relevant pages, I do not accept any liability for late delivery of the Goods and your attention is drawn to the provisions of Clause 6 below. By placing an order and purchasing goods from Rian Hotton you enter into a legally binding agreement with me on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities. In accordance with the provisions of the Consumer Protection (Conclusion of a Contract at a Distance) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. I reserve the right, at my discretion, to change, modify, add, or remove portions of these Conditions at any time. Please check these Conditions periodically for changes.   THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY ME OF THE PRODUCTS DESCRIBED ON THIS WEB SITE. Interpretation 1.1 In these Conditions: ‘Conditions’ means the standard Terms and conditions of sale set out in this document; ‘Contract’ means the contract for the sale of the Goods; ‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to me when placing the Order; ‘Delivery Area’ means the UK and other international locations. ‘Goods’ which you have ordered including any instalment of the goods or any parts for them which are available for purchase from my Web Site in accordance with the Conditions; ‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications; ‘Order’ means any order placed by you with me for the supply of Goods; ‘Order Form’ means the electronic order form completed and submitted electronically by you; ‘Regulations’ means the Consumer Protection (Distance selling) Regulations 2000; ‘Web Site’ my presence on the world wide web, currently accessible via the address https://www.rianhotton.com 1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made there under or any enactment repealing and replacing the act referred to. 1.3 Unless the context otherwise requires:- 1.3.1 words importing the singular shall include the plural and vice versa; 1.3.2 words importing the masculine gender shall include the feminine gender and vice versa; 1.3.3 references to persons shall include bodies of persons whether corporate or incorporate. 1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions. 1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions. Basis of the sale 2.1 I shall sell to you and you shall purchase only those Goods which you have set out in an Order and which has been accepted by me. I reserve the right to reject any Order. Each such sale of Goods will be subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any Order is made or purported to be made by you. 2.2 No Order submitted by you shall be deemed to be accepted by me unless and until confirmed by e-mail or in writing by me. 2.3 No variation to these Conditions shall be binding upon me unless and until agreed by email or in writing by me. 2.4 Any advice or recommendation given on this web site or otherwise given by me or any of my agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly I shall not be liable for any such advice or recommendation. 2.5 Any typographical, clerical or other error or omission on any page of this web site or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by me shall be subject to correction without any liability on my part. Orders 3.1 The quantity, quality and description of the Goods will be those set out in your order (if accepted by me). 3.2 Orders are accepted at my sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction. 3.3 Rian Hotton is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on my website. 3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving me any necessary information relating to the Goods within a sufficient time to enable me to perform the Contract in accordance with its terms. 3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site. 3.6 I reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements. Price of the goods 4.1 The price of the Goods shall be the price set out on the relevant page of this site. I reserve the right to change the prices set out on this site provided that if I accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed. 4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, I will let you know and ask you to confirm [by e-mail/in writing] that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.Your order will not be shipped or confirmed until confirmation from you. 4.3 In addition to the price of the Goods you will be liable to pay my charges for transport, packaging and insurance as shown on the Order Form. 4.4 The total price is inclusive of any applicable value added tax. Terms of payment 5.1 Upon providing me with details of your credit/debit card or PayPal account and submitting the Order you: 5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the credit/debit card PayPal account; and 5.1.2 authorise me to deduct from the credit/debit card PayPal account the full price of the Goods and all other payments, which may become due to me under the Contract. 5.2 The deduction of monies from your credit/debit card PayPal account does not mean that I have accepted your order nor does it mean that a contract has been formed between us. In the event that I reject you order I will credit your Payment Card with the amount deducted. 5.3 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, I can cancel the Order or suspend any further deliveries to you. This does not affect any other rights I may have. 5.4 Where Goods are returned by you in accordance with your rights under the provisions of Clause 7, I shall credit the credit/debit card or PayPal account with the appropriate amount within 7-10 working days. 5.5 I will take all reasonable care to keep all information connected with your order secure but I cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to my negligence. 5.5 I do not store credit card details nor do I share customer details with any 3rd parties.   Delivery 6.1 Delivery of the Goods shall be made by me or my carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. I cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions. 6.2 Whilst every effort will be made to ensure that any Goods ordered are delivered within the period specified for delivery of such goods on the relevant page and subject to our obligations under the Regulations, any dates quoted for delivery of the Goods are approximate only and I shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract. The Goods may be delivered by me in advance of the estimated delivery date. If delivery is delayed due to any cause beyond my reasonable control, the delivery date will be extended by a reasonable period and I will contact you to arrange an alternative time. 6.3 Your goods will be delivered once all the items from your order are in stock. If you would like the items that were already in stock to be sent out now then I will be happy to do that – just contact me. Please bear in mind you will need to pay extra for the shipping of the subsequent items. Delivery time takes 3 – 5 working days and I will send you a tracking link when your order has been dispatched. 6.4 If I fail to deliver the Goods (or any instalment) for any reason other than any cause beyond my reasonable control or your fault, and I am accordingly liable to you, my liability shall be limited to the price of the Goods. 6.5 If you fail to take delivery of the Goods or fail to give me adequate delivery instructions then, without prejudice to any other right or remedy available to me, I may cancel the Contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to me. 6.6 If there are any items missing from your order, then this must be reported to in writing within 2 working days either by email or post service recorded. I am unable to take responsibility for missing items after this deadline. (This is to allow me to put in a claim with the carrier which has to be done within 2 working days).   Returns 7.1 You have the right to cancel or return your purchase within 14 days of making it. If more then 14 days have gone by since your purchase, unfortunately I can’t offer you a refund or exchange unless the item received is defective or damaged, as set out in clause 7.5 below. 7.2 To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging where applicable. 7.3 You will bear the cost of any return 7.3 Once your return is received and inspected, I will send you an email to notify you that I have received your returned item. I will also notify you of the approval or rejection of your refund. 7.4 If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. 7.5 I only replace items if they are defective or damaged. If you need to exchange it for the same item, send me an email at info@rianhotton.com 7.6 Goods are considered defective or damaged if a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. 7.7 I make effort to display as accurately as possible the colours of my products however, as computer monitors vary, I cannot guarantee that your monitor’s display of any colour will be completely accurate. 7.8 I may refuse to accept orders at our discretion if goods are returned repeatedly.   Privacy 8.1 When you purchase something from my online store, as part of the buying and selling process, I collect the personal information you give me such as your name, address and email address. 8.2 When you browse my online store, I also automatically receive your computer’s internet protocol (IP) address in order to provide me with information that helps me learn about your browser and operating system. 8.3 With your permission, I may send you emails about my store, new products and other updates. 8.4 When you provide me with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, I imply that you consent to me collecting it and using it for that specific reason only. 8.4 If I ask for your personal information for a secondary reason, like marketing, I will either ask you directly for your expressed consent, or provide you with an opportunity to say no. 8.5 If after you opt-in, you change your mind, you may withdraw your consent for me to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting me at info@rianhotton.com 8.6 I may disclose your personal information if I are required by law to do so or if you violate my Terms of Service. 8.7 My store is hosted on WordPress. They provide me with the online e-commerce platform that allows me to sell my products and services to you. 8.8 Your data is stored through WordPress’s data storage, databases and the general WordPress application. They store your data on a secure server behind a firewall.   LAW AND JURISDICTION 9.1 These terms and conditions are governed by and interpreted in accordance with English Law. 9.2 Any dispute arising out of or in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of England and Wales.