Adorn Stoneware Terms & Conditions
These Terms and Conditions govern your use of the Adorn Stoneware website (the ”Site”) and your purchase of any goods from Adorn Stoneware Limited (”Adorn Stoneware”, ”we”, ”us” or ”our”). Please read them carefully as they affect your rights and liabilities under the law. By using this Site or ordering any goods from this Site you, (”the buyer”, ”you” or ”your”) agree with us to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions you may not purchase any goods from this Site.
This Site is owned and operated by Adorn Stoneware Limited (registered in England and Wales under number 6278544), whose registered office is at Long Orchard, Oakley Green, Windsor, Berks, SL4 4QF, to which address any comments or complaints that you may have about this site or our supply of goods to you may be sent or alternatively you may email us at firstname.lastname@example.org.
These terms and Conditions do not affect your Statutory rights.
Ownership of Rights
All rights including, but not limited to, copyright, trade marks, database and other intellectual property rights in this website are owned by or licensed to Adorn Stoneware. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Adorn Stoneware. You may not modify, distribute or re-post anything on this website for any purpose.
Accuracy of Content
Adorn Stoneware has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed exclusive of VAT. The weights, dimensions and capacities if given are approximate only and are intended only to provide a general description of the goods. To the extent permitted by applicable law, Adorn Stoneware disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Adorn Stoneware shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
We may update these Terms and Conditions from time to time and you should look through them as often as possible. The changes will apply to the use of the Adorn Stoneware Site as soon as they are published. If you do not wish to accept the new Terms and Conditions you should not continue to use the Adorn Stoneware Site. If you continue to use the Adorn Stoneware Site after the date on which the change comes into effect, your use of the Adorn Stoneware Site indicates your agreement to be bound by the new Terms and Conditions.
The services provided by the Adorn Stoneware Site do not include the provision of computer or other necessary equipment to access the Adorn Stoneware Site. To use the Adorn Stoneware site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
Damage to your Computer
Adorn Stoneware makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Adorn Stoneware shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
To register with Adorn Stoneware you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your details.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account.
Adorn Stoneware shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Limitations of use
You may not use the Adorn Stoneware Site for any of the following purposes:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems
interfering with any other person’s use or enjoyment of the Adorn Stoneware Site
breaching any laws concerning the use of public telecommunications networks
interfering or disrupting networks or web sites connected to the Adorn Stoneware Site
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Adorn Stoneware reserves the right to refuse to post material on the Adorn Stoneware Site or to remove material already posted on the Adorn Stoneware Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
any claim by any third party that the use of the Adorn Stoneware Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of the Adorn Stoneware Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Adorn Stoneware Site by you.
Availability of the Site
Adorn Stoneware cannot guarantee that the service provided through this Site will be fault free. If a fault occurs in the service you should report it to Customer Services by email at email@example.com we will attempt to correct the fault as soon as we reasonably can.
Your access to the Adorn Stoneware Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Adorn Stoneware will attempt to restore the service as soon as it reasonably can.
Adorn Stoneware right to Cancel or Suspend your Registration
Adorn Stoneware may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Adorn Stoneware Site.
The suspension or cancellation of your registration and your right to use the Adorn Stoneware Site shall not affect either party’s rights or liabilities.
Availability of goods
All items are subject to availability. We will inform you as soon as possible if any of the goods you have ordered are not available and refund to you the value of the unavailable goods, while shipping the balance of your order.
You are able to correct errors on your order only up to the point at which you click on "submit" on the final page of our ordering process.
Acknowledgment and Acceptance of your Order
If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again or telephone you to confirm we have accepted your order. At this point the contract for our sale and your purchase of the goods shall be made and the contract shall be formed at the place from which our acceptance email is sent to you. No contract will be formed until you receive confirmation from us that we have accepted your order.
The prices listed on this Site are our prices prevailing at the time you submit your order. However, you accept that mistakes can be made when uploading prices onto the Site, or that prices may vary between when we display a price and when goods are purchased. Accordingly, we may validate your order before we accept it. Where the correct price is higher than the price displayed on your order we may contact you by e-mail to let you know the correct price and provide you with the opportunity to cancel your order.
All payments shall be made in pounds, sterling (GBP). Payment of the whole of the price of the goods must be received within 30 days. With each order that we deliver to you we shall deliver to you an invoice in respect of that order. If we do not have sufficient stock of all or some of the goods in your order, we shall notify you by e-mail informing you of any suitable substitute items for you to select if you wish to change your order in this way. If there are no suitable items to replace those in your original order, we shall credit you with the full amount of the purchase price of the goods which were unavailable as soon as is reasonably practicable but in any event shall be no later than 30 days from the date of your order.
Delivery and charges
Deliveries will be made by the courier appointed by Adorn Stoneware at the address stipulated in your order. It is your responsibility to ensure that someone is available to accept delivery. Our chosen couriers are Gibbs Transport because of the quality of service delivered by these couriers. If you wish to nominate an alternative courier we shall be happy to discuss this with you.
Any stipulated period of time for delivery shall start from the date on which we accept your order and is approximate only. If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery, we shall credit you with the full purchase price of the goods as soon as is reasonably practicable but in any event no later than 30 days from the date of your order.
Adorn Stoneware reserve the right to deliver the goods in instalments if the goods are not available at the same time for delivery and you are happy for us to do so.
VAT will be charged at the prevailing UK rate.
Risk and Returns
Risk in the goods shall pass to you on the collection from our depot by the courier appointed by us.
If, you are not satisfied with the goods (other than damaged goods for which please see below) contained in your order, or any part of your order or wish to cancel this Agreement for any reason you may do so, (subject to as expressly stated below), within seven (7) working days from the date following the date of delivery of the goods to you by returning the goods subject to the following conditions:
the goods remain in their original condition, are undamaged and have not been tampered with in any way;
the goods must be securely wrapped and with all original packaging, including the packing slip and an indication of the reason why the goods are being returned;
you must notify us in writing of the cancellation or return to us.
If you exercise your right to cancel or return goods, you must return the goods to Adorn Stoneware in the condition specified above as soon as is reasonably practicable and in any event within twenty one (21) days of the date of notice of cancellation at your own risk and expense. We will credit your with the full purchase price of the goods returned as soon as is reasonably practicable but in any event no later than 30 days from the date of receipt of notification of cancellation and we may make a charge for the direct costs of recovering the goods supplied (excluding substitute goods or goods returned due to damage or error) if you do not return them in accordance with the provisions of these Terms and Conditions.
In the event that the goods when delivered to you are damaged please notify us by email within 3 days of receipt specifying the damage. Please retain the damaged goods as delivered with all original packaging (where possible), including the packing slip and details of the damage to the goods. We will arrange for our courier to collect the damaged goods from you as soon as is practicably possible. We will credit you with the full purchase price of the goods returned as soon as is reasonably practicable but in any event no later than 30 days from the date of our receipt of the damaged goods.
Adorn Stoneware Liability
The Adorn Stoneware Site is provided by Adorn Stoneware without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Adorn Stoneware Site provides content from other Internet sites or resources and while Adorn Stoneware tries to ensure that material included on the Adorn Stoneware Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Adorn Stoneware will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Adorn Stoneware Site. If Adorn Stoneware is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Adorn Stoneware Site with any of your equipment, software or telecommunications links
technical problems including errors or interruptions of the Adorn Stoneware Site
unsuitability, unreliability or inaccuracy of the Adorn Stoneware Site
inadequacy of the Adorn Stoneware site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Adorn Stoneware Site or your purchase of goods from us.
You agree that you shall not make any claim against Adorn Stoneware to the extent that, as a result of any such claim, our aggregate liability in respect of all causes of action arising out of or in connection with your use of this Site or our supply of goods to you (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all), including for the loss or damage to goods whilst in transit, would exceed an amount equal to the value of the goods delivered to you by us under these terms and conditions. Adorn Stoneware shall not be liable for any claim unless you give us written notice of the claim within 6 months of becoming aware of the circumstances giving rise to the claim or, if earlier, 6 months from the time you ought reasonably to have become aware of such circumstances.
Except as expressly provided in these Terms and Conditions, Adorn Stoneware excludes all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
Nothing in these Terms and Conditions shall exclude Distant Brit’s liability for personal injury or death caused by its negligence. Law, Jurisdiction and Language
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Adorn Stoneware ignores this, Adorn Stoneware will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Adorn Stoneware shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Last updated 28th December 2008
© 2008 Adorn Stoneware Limited. All rights reserved.