Between Pure Tinctoria Website and you, the consumer, to use all aspects of this website.
1. General Information
i. We are Pure Tinctoria and our address of establishment is at Windlehill Farm, Sutton-on-the-Hill, Ashbourne, Derbyshire, United Kingdom, DE6 5JH.
ii. Our electronic mail address is firstname.lastname@example.org
2. Formation of Contract
i. Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us.
a. By placing an order through this website, which contains information on prices, together with a description of the products and services that are available and an explanation of any promotional offers and method of payment, you will be agreeing unconditionally to the terms and conditions of use.
b. On completing the checkout process you will be given the opportunity to submit an order to us by clicking on the confirm order button that appears at the end of the process. On receipt, we will send you notification by electronic mail that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly we will notify you immediately by electronic mail if this is the case.
c. If you do not wish to submit an order to us you should return to our homepage.
ii. Please note that while we guarantee to send you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send to you will be received by you, nor that if it is received by you it is legible and uncorrupted.
iii. These terms and conditions shall override any contrary terms and conditions published by us or appearing on the website in relation to any order placed by you with us.
iv. If there are any problems with payment, these must be notified to us within 60 days of the date of the order. If there is any problem with any order we deliver to you, you must notify us within 30 days of delivery. Failure to comply with these notification dates will result in the order and payment having been deemed to have been accepted.
3. Conditions of the use of this website and the online ordering service
i. There are some situations where we cannot accept an order, and in the order form you will be asked to identify if any of these are applicable to you. You will ensure that your responses are not misleading or inaccurate and accordingly your knowledge that we are reliant upon you to complete the form accurately.
ii. You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or any other intellectual property right, or damaging to data, software, or the performance of our or any other party’s computer systems. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of the breach of your obligation under this condition, including, but not limited to, any claims made against us by any third party.
iii. The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data, including how it may be divulged. Any data about individuals you enter onto our website directly or included in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purpose of any transaction included for or by you through this website. If you are in any doubt about any data, please feel free to email us with the details of the problem first.
iv. In consideration of agreeing to your use of this website, you acknowledge that the ownership of any intellectual property rights including for the avoidance of doubt, copyright) in this website belongs to us. Accordingly, any part of this website (or its source code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purpose of utilising this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its contents.
v. You may only use the trademarks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer, in accordance with condition 2 (iii) above.
vi. We will collate the information which you give us in the order form to provide you with our on-line ordering service. By giving us this information, you consent to our use of it in order to process your order and inform you about its progress. In addition, we may provide this information to other companies who may be interested in sending you details of the goods or services which they will be able to offer to you. If you do not wish to have your details passed on to such companies please signify using the appropriate box in your personal details or as you register.
vii. Please be aware that to the extent permitted by law and acceptance expressly provided for in part b of these terms and conditions, we do not accept liability in respect of this website, your use of it or our online ordering service.
viii. Use of this website is subject to the laws of England and Wales and the exclusive jurisdiction of the English Courts.
1. Description and Pricing
i. Whilst we make every effort to ensure that our description and pricing is correct, we cannot guarantee that such description and pricing will always be accurate and we reserve the right to alter any description and pricing without prior notification.
2. Delivery and risk
i. We will make every attempt to deliver the goods that you have ordered to you in a timely fashion by either the services of Royal Mail or another reputable courier. We will not be responsible for the misdirection or non-deliverance of any goods once they have left our premises.
ii. All items are delivered to you at your risk.
Title to the goods that passes to you upon confirmation that a valid payment has been received.
Payment must be made using one of the following methods:
a. Credit card
b. Debit card
If payment is made online using a debit or a credit card, the payment will be accepted once we have received confirmation from your bank that our account has been credited. If you pay by cheque, payment is deemed to have been received by us when we have notification from our bank that your cheque has cleared.
5. Right to withdraw
i. In certain circumstances, you may have the right to withdraw from the contract without penalty and without the need to give us any reason at any time during a period of two working days (Monday to Friday inclusive) which in the case of goods shall begin from the date after the date of receipt of the goods by you and in the case of service, from the day after the day of conclusion of the contract.
ii. We agree to reimburse you, free of charge, within 30 days of notification of withdrawal, the purchase price you paid for the goods or services, although we do reserve the right to charge you for the cost of returning any goods (which shall be by deduction from the purchase price).
iii. This right of withdrawal shall not apply, in any event, in the following circumstances:-
a. To service if performance of the contract has begun with your agreement before the end of the 2-day working period;
b. To any goods made to your specification or personalised at your request.
6. Returns Policy
i. If you return an item in a unused condition within 14 days of delivery we will be happy to refund the original price of the item or wend you an exchange. This does not affect your statutory rights. We regret that postage and packing are direct costs and cannot be refunded. Please note: Tinctoria does not pay the cost of return postage.
ii. To return goods, please package them securely and send them to Pure Tinctoria, Windlehill Farm, Sutton-on-the-Hill, Ashbourne, Derbyshire, DE6 5JH. We recommend you use a recorded delivery service.
iii. Faulty goods:
We take great care to ensure the quality of the products we supply, but should they prove to be faulty please notify us within 7 days of receipt and we will replace or refund the value of the goods in full. Please return faulty goods to Pure Tinctoria, Windlehill Farm, Sutton-on-the-Hill, Ashbourne, Derbyshire, DE6 5JH. We recommend you use a recorded delivery service. We will, of course, refund the full cost of return postage. This does not effect your statutary rights.
7. Warranties and Liabilities
Part C - Complaints
1. We aim to provide you with a quality service. If however, you feel you have a cause to complain, you can contact us at the address given in section 1 of Part A above. We will try to do our best to resolve any problems that arise.
2. Force Majeur
We do not take responsibility for any event that is outside our control, nor for any consequential loss arising from such an event.
3. Entire Agreement
This agreement supersedes any prior agreements or arrangements which have subsisted between us, provided the information that you have given us is not incorrect or fraudulent.
4. Interpretation in the Agreement:
i. Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
ii. Words importing the singular include the plural, words including any gender include every gender and words including persons include bodies corporate and un-incorporate; (in each case) vice versa;
iii. Any reference to a party in this agreement includes a reference to his successors in title and permitted assigns
iv. The headings to these clauses are for ease of reference only and shall not be effect the interpretation or construction of this agreement
5. The Law
This Agreement shall be governed by and construed in accordance with the Laws of England and Wales.
Not withstanding that the whole or any part of any provision of this agreement may prove to be illegal or unenforceable, the other provisions of this agreement and the remainder of the provisions in question shall remain in full force and effect.
If you agree to be bound by the above conditions, please tick the appropriate box during the checkout process. If you do not agree, you should not tick this box and no ordering can take place.
If you tick the appropriate box during the checkout process, you agree to be bound by the above conditions for the use of the services of the software.
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