Terms & Conditions
This page was last updated: 15/05/2012
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any goods listed on our website www.sandsgifts.co.uk to you. Please read them carefully before ordering any goods from our website. You should understand that by ordering any of our goods, you agree to be bound by these terms and conditions.
Sands of Penrith is the trading name of Siddle Limited (company number: 04540921), whose registered office address is at 16 Devonshire Street, Penrith, Cumbria CA11 7SR (referred to as "we", "our" and "us") and is the operator of this website. As a user of this website (referred to as "you" and "your") you acknowledge that any order you make, is subject to our terms and conditions below.
Please read through these terms and conditions carefully and print a copy for future reference.
We may change these terms and conditions at any time (but not in relation to orders that have been sent to us). Any changes will take effect on the date they are posted onto this website. Your continued use of this website will be subject to the then current terms and conditions.
2. Your status
2.1 By placing an order through this website, you warrant to us that:
2.1.1 You are legally capable of entering into binding contracts; and
2.1.2 You are at least 18 years old.
3. The order process
3.1 You can only place an order once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. You agree that we may block access to your account if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password secret at all times and not allow anyone else to use it. You must contact us immediately if you believe your user name and password has become known to someone else so we may issue you a new user name and password.
3.2 Before you submit an order (by clicking the Submit Order button) you will have an opportunity to identify and correct any input errors in your order.
3.3 After you submit an order we will give you an Order Reference Number and we will give you details of the goods you have ordered. We will send the same details to you in an email to the email address you provided when you registered an account with us. This email will be an acknowledgement of your order and not an acceptance of it.
3.4 We do not file details of your order for you to subsequently access directly from our website. Therefore, please print out your acknowledgement of order for your future reference.
4. The contract with us
4.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. You may only make payment using a credit card or debit card from a UK bank account. Once payment has been received by us we will confirm that your order has been accepted by sending you another email. We may also decline all or part of your order for any reason, in which case our further email will tell you so. Our acceptance of your order brings into existence a legally binding contract between us.
4.2 If you are buying on behalf of a business, you confirm that you have authority to bind any business on whose behalf you use this website.
5.1 The price payable for goods that you order are as set out in our website (except in cases of obvious error) and are in UK pounds. They include any value added tax payable.
5.2 You will be required to pay extra for delivery at the rates set out separately below.
5.3 The total cost of your order will be the price of the goods you order, plus any value added tax (under clause 5.1 above) and any applicable delivery charge. All these will be set out clearly in your Shopping Basket before you submit your order.
5.4 Prices, offers and goods are subject to availability and may change before (but not after) we accept your order. However, we are under no obligation to provide any goods to you at an incorrect price, even after we have sent you an acceptance of order, if the pricing error is obvious and unmistakable and would have reasonably been recognised by you as a mis-pricing.
5.5 We try and ensure that at all times the information and prices on our website are accurate and up to date, however, errors can occur. If we discover an error in price or description of a good ordered by you, we will tell you as soon as possible and ask you whether you wish to reconfirm your order at the correct price or cancel it. If we are unable to contact you we will treat your order as cancelled.
5.6 Payment for all products must be by credit or debit card.
6.1 We will deliver the goods ordered by you to the address registered against your account at the time you make your order by using Royal Mail. Please make sure you keep the receipt enclosed with your goods.
6.2 Very occasionally different products in the same order will be delivered separately. We will let you know in advance if this is to happen.
6.3 Where in stock, most orders are delivered within 5 working days (i.e., Monday to Friday inclusive, but excluding English bank holidays) from the time we accept your order and in any event within 30 days of your order. An estimated delivery time will be given to you in our acknowledgement of order.
6.4 If we cannot deliver the goods ordered within 30-days of your order because they are unavailable we will inform you. You may then agree to allow us extra time to make delivery or ask us to re-credit your account with any sum debited by us from your debit or credit card. If you do not agree to allow us extra time to make delivery, or we do not get a response from you, we will treat the contract as cancelled by you and re-credit your account with any sum debited by us from your debit or credit card as soon as possible, and in any event within 30 days of our notification to you. We shall not be under any liability to you for our failure to deliver the goods to you within 30-days of your order because they are unavailable or for other reasons beyond our reasonable control.
6.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once the goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. As such you should ensure you are adequately insured against any damage or loss that may occur to the goods.
7. Delivery charges
7.1 We charge delivery at a fixed rate of £5.00 + vat to all addresses on the UK mainland (excluding Northern Ireland). Please contact our customer services team before placing your order on 01768 865783 if you require delivery to any other UK postal address.
8. Missing, damaged or incorrect orders
8.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem by emailing the address noted in clause 9.3.1 or writing to us at the address noted in clause 9.3.2. Therefore, upon receipt of your goods you should inspect your goods to ensure they have not been damaged in transit, and they are what you ordered, and the delivery is of a correct quantity. To assist us, and to minimise any delays, in addressing your problem you should report any problem (please quote your invoice number when contacting us) within 24 hours of the delivery of the goods in question. Not doing this may lead to delays in addressing your problem.
9. Your right to cancel your contract
9.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
9.2 You cannot cancel your contract if:
9.2.1 you return the goods without proof of purchase;
9.2.2 the seal has been broken on any audio recordings, video recordings or software;
9.2.3 the goods were newspapers, periodicals or magazines;
9.2.4 the goods are made to your specification or have been personalised; or
9.2.5 by reason of their nature cannot be returned.
9.3 To cancel your contract you must notify us in writing by:
9.3.1 emailing us at email@example.com; or
9.3.2 writing to us at 16 Devonshire Street, Penrith, Cumbria CA11 7SR.
9.4 If you have received the goods before you cancel your contract then, unless under clause 9.2 you do not have a right to cancel, you must send the goods back to us at the address noted in clause 9.3.2 at your own cost and risk. You must take reasonable care to see the goods returned to us are not damaged in transit. We therefore recommend that you return the goods to us using Royal Mail's registered post or using a reputable courier (in each case please ensure the goods are insured to their replacement value). We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening. The goods must be complete and in an 'as new' condition. If you have opened the box to examine the goods you must have done so using reasonable care. The goods should be returned with the original accessories and, where possible, the original box and packaging.
9.5 If you cancel your contract, but we have already processed the goods for delivery, you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address noted in clause 9.3.2 at your own cost and risk as soon as possible. Again, you must take reasonable care to see the goods returned to us are not damaged in transit. We therefore recommend that you return the goods to us using Royal Mails registered post or using a reputable courier (in each case please ensure the goods are insured to their replacement value). We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening.
9.6 Once you have notified us that you are cancelling your contract, any sum debited by us from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
10. Return of faulty goods
10.1 In the unlikely event of a fault with your goods please contact our support staff:
10.1.1 by phoning: 01768 865783; or
10.1.2 by emailing: firstname.lastname@example.org.
10.2 Our support staff will discuss the alleged fault with you. If your goods need to be returned to us, our support staff will give you further instructions. Please also enclose with the return package a written description of the alleged fault in the goods. The return to us of the allegedly faulty goods will be at your own cost and risk. We therefore recommend that you return the goods to us using a form of registered or special post or using a reputable courier (in each case please ensure the goods are insured to their replacement value). We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening. When returning the goods to us please do not use a premium courier service (e.g., sameday delivery) because we will only refund to you your reasonable direct costs of delivering the goods to us if the fault is verified.
10.3 Upon receipt of the allegedly faulty goods, they will be extensively tested for the reported fault. If after testing we verify the fault (or you have the fault verified by an independent expert) we will offer you either a refund, repair or exchange as is reasonable in your specific circumstances.
10.4 However, if we cannot verify the fault (or you cannot have the fault verified by an independent expert) or we prove the goods are not faulty, the returned goods will be returned to you. We reserve the right to charge you a fee for our time in diagnosing a purported fault where we can show you that the goods are not faulty.
10.5 To qualify for a refund or exchange of the goods:
10.5.1 you must give us proof of purchase (e.g., a receipt, cheque stub or credit or debit card receipt); and
10.5.2 the goods must otherwise be in an "as new" condition and complete with any original accessories (and, if possible, the original box and packaging).
10.6 Please return the goods to us at the address noted in clause 9.3.2.
10.7 We will not repair, exchange or refund goods whose fault was caused through accident, neglect, misuse or normal wear and tear.
11.1 We warrant to you that any goods you purchase from us through this website are of satisfactory quality and fit for their normal purpose (or any specific purpose you have made known to us which we have confirmed the goods fit for).
11.2 If you or we notify a problem under clauses 8.1 or 10, our only obligation to you will be, at your option (subject to as otherwise provided for in those clauses):
11.2.1 to make good any shortage or non-delivery;
11.2.2 to, as is reasonable in your circumstances, replace or repair any goods that are damaged or defective; or
11.2.3 to refund to you the amount paid by you for the goods in question.
11.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this clause 11 and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 11.2.3 above.
11.4 Our maximum liability to you in connection with any goods purchased through our website is strictly limited to the purchase price of the goods in question.
11.5 We will take reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
11.6 Our liability to you shall not in any way be limited:
11.6.1 for death or personal injury caused by our negligence;
11.6.2 under section 2(3) of the Consumer Protection Act 1987;
11.6.3 for fraud or fraudulent misrepresentation; or
11.6.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under English law or under the law of your home country.
12. Additional terms
12.1 Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
13. Intellectual property
13.1 We, or our licensors, own the copyright, trademarks and all other intellectual property rights in all material and content of this website, which you may use, download and copy for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.
13.2 You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by any one else.
14. Availability of this website
14.1 We make no warranty or promise that this website will remain available for your use, or that its use will always be free from viruses or bugs or any errors. We will not be liable to you for any loss of content or material you upload or transmit through this website.
15. Third party orders and websites
15.1 We may provide links to other websites for your convenience. Any other websites to which you link from this website are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control and do not endorse them.
16. Written communications
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices and other communications that we provide you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address noted in clause 9.3.2 or by email to email@example.com and all notices from us to you will be emailed to you at the email address you provided us when you registered an account with us.
18. Events beyond our control
18.1 We shall have no liability to you for any failure to deliver the goods you have ordered, or any delay in doing so, that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
18.2 Our performance under any contract is deemed to be suspended for the period that the event of the type described in clause 18.1 continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event of the type described in clause 18.1 to a close or to find a solution by which our obligations under the contract may be performed despite the event of the type described in clause 18.1.
19.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
20.1 We do not accept amendments to these terms and conditions unless they are agreed in writing by one of our directors.
21.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and condition, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
21.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17.
22.1 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for goods to any third party unless agreed upon in writing by us.
22.2 We reserve the right to transfer, assign, novate or sub-contract the whole or part of any of our rights or obligations under these terms and conditions or any related contract to a third party.
23. Third party rights
23.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to our contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of our contract or these terms and conditions. However, this does not affect any right or remedy of a third party that exists or is available apart from that Act.
24. Governing law
24.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us. English is the language offered for the conclusion of the contract between you and us.
25. Entire agreement
25.2 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
26. Who we are
26.1 This website is operated by, and any contract for the sale of goods will be with, Siddle Limited (company number: 04540921), whose registered office address is at 16 Devonshire Street, Penrith, Cumbria CA11 7SR. Siddle Limited trades under the name of Sands of Penrith. Our VAT number is: 804 4582 38