Terms & Conditions - Campbell Coutts Ltd

These terms and conditions govern the condition of sale and purchases made from Campbell Coutts Limited. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use our services.

Definitions

1.1 The 'Quotation' means the quotation set overleaf or attached.
1.2 The 'Purchaser' means the company, firm or individual to whom the quotation is addressed.
1.3 The 'Supplier' means Campbell Coutts Ltd. or the company on behalf of whom the quotation is signed.
1.4 The 'Goods' means any items, services or products to be sold and/or delivered under any contract arising from acceptance of the quotation.
1.5 The 'Content' means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
1.6 The 'Carrier' means any third party responsible for the transportation of purchased Goods from our premises to customers.

Application

1.7 The placing of an order against this Quotation shall be deemed to constitute acceptance of these conditions which shall apply as may be appropriate to the Quotation and contract by the acceptance of Campbell Coutts Ltd. of such order. Any Terms and Conditions which the Purchaser may seek to impose shall be inapplicable unless expressly accepted in writing by Campbell Coutts Ltd.

Validity

1.8 Campbell Coutts Ltd. reserves the right to withdraw or cancel the Quotation without liability prior to its acceptance. Unless previously withdrawn, the Quotation shall remain valid for a period of thirty days from the date of Quotation. No order or amendment to any order shall be deemed to be contractually binding upon Campbell Coutts Ltd. unless and until expressly accepted in writing by Campbell Coutts Ltd.

Storage

1.9 If the Purchaser shall fail to give Campbell Coutts Ltd. instructions for delivery within three weeks of notification by Campbell Coutts Ltd. that the Goods are ready for delivery, Campbell Coutts Ltd may without further reference to the Purchaser arrange for storage of the Goods. Charges for storage or demurrage shall be paid by the Purchaser and the Goods shall be subject to a lien of Campbell Coutts Ltd. thereafter.

Inspection and Testing

1.10 Campbell Coutts Ltd. operates a system of testing before Goods are dispatched. If any additional testing is desired by the Purchaser, any additional expense which is incurred thereby shall be borne by the Purchaser.

Delivery

1.11 Any delivery cost quoted in the webshop order and/or invoice, is subject to confirmation of your order from Campbell Coutts Ltd. Delivery charges may vary and be altered by Campbell Coutts Ltd. after the Purchaser's order has been placed.
1.12 Campbell Coutts Ltd. will notify you by way of email when your Goods are to be dispatched to you.
1.13 Any time or date for delivery specified by Campbell Coutts Ltd. is an estimate only. Campbell Coutts Ltd. shall not be liable for the consequences of any delay to the delivery of Goods.
1.14 You will be liable for any charges incurred from our Carriers in respect of non deliveries or refused deliveries, and other charges in relation to Goods being returned back to us. You will also be liable for further re-delivery costs should this be the case.
1.15 Any and all custom charges, import duties, etc are payable by the Purchaser/Recipient.

Damage, Shortage or Loss in Transit

1.15 Campbell Coutts Ltd. shall not be held in any way responsible for any damage, shortage or loss incurred in transit unless the same shall be notified to Campbell Coutts Ltd. and the Carrier within three days of receipt of the goods by the purchaser.

Warranty

1.17 Campbell Coutts Ltd. undertakes subject to clause 1.18 below to replace or at its option, repair any Goods or parts thereof, other than consumable items, which shall be proved to Campbell Coutts Ltd.'s satisfaction to be defective through faulty materials or workmanship provided that such defect arises within 12 calendar months of delivery to the Purchaser.
1.18 Written notice of the defect together with full details thereof must be given to Campbell Coutts Ltd. within 28 days of the discovery of the defect. Goods with accepted defects need to be returned to Campbell Coutts Ltd. at the Purchasers expense for investigation.
1.19 In the event of any claim present under warranty being found on investigation by Campbell Coutts Ltd. either to be outside the scope of warranty or the fault being unconfirmed, then the costs of such investigation shall be borne by the Purchaser.
1.20 This warranty shall not be assigned without the consent of Campbell Coutts Ltd.

Suppliers Liability

1.21 The Purchaser accepts liability arising under section 2(1) of the unfair Contacts Act 1977.
1.22 Subject to the provisions of 1.24 below, Campbell Coutts Ltd. makes no attempt to contract out any liability which may accrue to it by virtue of the provisions of Sections 12, 13, 14(2) and 15 of the Sale of Goods Act 1893 as amended. Save in the case of experimental or prototype equipment, Campbell Coutts Ltd. also accepts any liability arising under section 14(3) of the said act as amended always provided that the purpose of which the goods are intended is known to it at the date of entering into the contract for the sale of them.
1.23 Save the aforesaid all other conditions and warranties express or implied whether arising by statute or common law or otherwise are hereby expressly excluded and Campbell Coutts Ltd. shall not be liable for any loss, injury or damage caused or arising by reference to them.
1.24 If not withstanding the foregoing it is held that liability attaches to Campbell Coutts Ltd. for breach or any condition or warranty then the damage recoverable by the Purchaser in respect of such breach shall be limited to the reasonable cost of remedying the defect or other matter constituting such breach (provided that Campbell Coutts Ltd. shall first be afforded the opportunity of itself carrying out the remedial work) and Campbell Coutts Ltd. shall not under any circumstances be liable for any other loss or injury or damage suffered by reason of such breach or any other financial or consequential loss how so ever caused.
1.25 Campbell Coutts Ltd. shall not be liable in respect of any defect or other matter constituting a breach of any condition or warranty in respect of which a Purchaser has a right under a guarantee given by a third party or manufacturer of Goods either direct to the Purchaser or to Campbell Coutts Ltd., the benefit of which has been transmitted to the Purchaser, unless and until the Purchaser has exhausted his remedies against that manufacturer.
1.26 Campbell Coutts Ltd. shall, if such Goods were not manufactured by Campbell Coutts Ltd., assist the Purchaser in obtaining from the manufacturer, thereof the benefit of any warranty or guarantee given by such manufacturer. Whether such warranty or guarantee is given direct to the Purchaser or to Campbell Coutts Ltd. with the benefit being capable of being transmitted to the Purchaser.
1.27 All, if any, recommendations or advises given by Campbell Coutts Ltd. or Campbell Coutts Ltd.'s servants or agents to the Purchaser and it's servants or agents as to the mode of storing, applying or using the Goods, or as to the sufficiency or suitability for purpose of the Goods, must be strictly followed to the satisfaction of Campbell Coutts Ltd. before liability thereof will attach to a defect arising as a result of failure to follow the said recommendations or advice.

Payment

1.28 All accounts are strictly net. Payment must be made within fourteen days from date of relevant invoice. If the Purchaser shall fail to take delivery of any Goods under contract within ten days of notification that they are ready for dispatch then Campbell Coutts Ltd. shall have the right to present it's invoice for payment at any time. After the expiry of said period any payment shall be due thereon or demurrage charges and Campbell Coutts Ltd. lien thereof as provided in clause 1.8 of the conditions.
1.29 Where payment of the price or any part thereof is not made, Campbell Coutts Ltd. without prejudice to its other rights hereunder, shall be entitled to charge interest on the outstanding amount at the rate of 4% above Bank of England rate for the time being in force from a date fourteen days after the date of invoice until so much of the invoiced price that is outstanding is paid.

Transfer of Property

1.30 The property in the Goods shall remain in Campbell Coutts Ltd. until Campbell Coutts Ltd. has received payment in full for the Goods and all other sums owing and or due to Campbell Coutts Ltd.
1.31 So long as the property in the Goods remains in Campbell Coutts Ltd., Campbell Coutts Ltd. shall have the right, without prejudice to the obligation of the Purchaser to purchase the Goods, to re-take possession of the Goods (and for that purpose to go upon any premises occupied by the Purchaser).

Return of Goods

1.32 If the Purchaser is not completely happy with the Goods, Campbell Coutts Ltd. accept return of Goods within 14 days of receipt. (Please note that bespoke items are non-refundable and non-exchangeable). Follow the steps below:

• If the product is damaged, we will refund the value of the returned damaged product to your original method of payment, or send you an exact replacement product. We cannot send you a different product as a replacement. Return postage to be paid for by the Purchaser.
• If you no longer want an unopened/unused product (within 14 days of receipt), we will refund the value of the returned product to your original method of payment on receipt of the Goods back to us at Campbell Coutts Ltd. Return postage to be paid for by the Purchaser.

Patent and Design Rights

1.33 Campbell Coutts Ltd. reserves the right to full ownership of all inventions, designs or processes evolved during or as a result of work carried out under any contract unless otherwise specifically stated in the contract.

Force Majeure

1.34 Neither party shall be responsible for any failure to perform or for any delay in performing the contract or any part thereof de to or principally due to act of God, embargo, or government act, fire, war, riot, inclement weather, strikes, lockouts, trade disputes, labour troubles, breakdown of plant or machinery, inability to obtain adequate labour, materials or manufacturing facilities or any other cause whether or a similar nature or not beyond the control of the party in question.

Terms & Conditions - Website

These terms and conditions applies between you, the User of this Website and Campbell Coutts Ltd. the Owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.

Website Access

2.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.

Age Restriction

2.2 Persons under the age of 18 should use this Website only with supervision of an Adult. Payment information must be provided by or with the permission of an Adult.

Use of Website

2.3 This website may be used for your own private purposes and in accordance with these terms and conditions.
2.4 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

Website Uptime

2.5 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
2.6 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

Links to and from Other Websites

2.7 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
2.8 By following a link to a website in breach of clause 1.6 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

2.9 Whilst we do take all reasonable steps to make sure that the information on this Website is up to date and accurate at all times we do not guarantee that all material is accurate and/or up to date.
2.10 All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.

Goods, Pricing and Availability

2.11 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Campbell Coutts Ltd. correspond to the actual Goods, Campbell Coutts Ltd. is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 1.11 for incorrect Goods.
2.12 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
2.13 All pricing information on the Website is correct at the time of going online. Campbell Coutts Ltd. reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.
2.14 In the event that prices are changed during the period between an order being placed for Goods and Campbell Coutts Ltd. processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price; All prices are shown in UK pounds sterling (GBP) and exclude VAT and any delivery charge unless stated otherwise. Campbell Coutts Ltd.'s VAT number is GB 568 6809 81.

Exclusion of Liability

2.15 We do not accept liability for any indirect loss or damage, foreseeable or otherwise, that you suffer as a result of using this Website or any information contained therein.
2.16 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the Law of the United Kingdom.

Law and Jurisdiction

2.17 These terms and conditions and their relationship between you and Campbell Coutts Ltd. shall be governed by and construed in accordance with the Law of England and Wales and Campbell Coutts Ltd. and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

'SALE' Terms and Conditions

2.18 These terms and conditions cover items categorised under 'SALE'. The products are limited in either quantity or for a certain period of time only and are subject to change at Campbell Coutts Ltd. discretion. Products are available only while stock lasts. "Original Price" or "RRP" means the price at which the product was offered before sale online. Items categorised under 'SALE' are an exclusive offer to online web shop purchases through 'The Flocking Shop' only. Shipping charges apply as standard to all orders. Standard exclusions apply.