IMPORTANT ~ PLEASE READ BEFORE PLACING AN ORDER
IF YOU PURCHASE GOODS USING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
DEFINITIONS AND INTERPRETATION
In these terms and conditions:-
\”Tom Cunliffe Ltd\” means Tom Cunliffe Ltd
\”working day\” means every day of a calendar year apart from weekends, statutory and public holidays, and periods when the website bookshop is closed;
\”us\” means Tom Cunliffe Ltd and you together; and
\”you\” and \”your\” means the person ordering goods under these terms and conditions
THE CONTRACT BETWEEN US
Tom Cunliffe Ltd is the retail on-line sales division.
These conditions shall apply to all contracts for the sale of goods by Tom Cunliffe Ltd to the exclusion of all other terms and conditions, including any terms supplied by you at any time.
Any order placed by you in response to the material set out on Tom Cunliffe Ltd web site shall constitute an offer by you to purchase goods from Tom Cunliffe Ltd, which Tom Cunliffe Ltd shall be free to accept or reject.
Tom Cunliffe Ltd must receive payment by credit card of the whole of the price for the goods [plus the amount of the delivery charges and any relevant taxes or duties which Tom Cunliffe Ltd is obliged to collect] that you order before your order can be accepted. Once full payment has been received and Tom Cunliffe Ltd has determined that it shall meet your order, Tom Cunliffe Ltd will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Tom Cunliffe Ltd’s acceptance of your order evidenced by receipt at your email address of Tom Cunliffe Ltd’s email brings into existence a legally binding contract between us.
PRICE
The prices payable for goods that you order (net of delivery and insurance costs and any applicable sales, export or import taxes, for which you must pay in addition) are the prices displayed on Tom Cunliffe’s site at the time you place an order as confirmed by acceptance email. In the case of any difference between the prices set out on Tom Cunliffe.com site and Tom Cunliffe’s acceptance email, the prices set out in the email shall apply.
Tom Cunliffe Ltd reserves the right at any time to revise its prices without notice.
You will be required to pay extra for delivery and insurance (and any taxes or duties if applicable).
It might not be possible for Tom Cunliffe Ltd to deliver to some locations in which case Tom Cunliffe Ltd shall be entitled to decline the order.
WITHDRAWAL BY YOU FROM THE CONTRACT
You may withdraw your order for goods at any time up to the end of the seventh working day after the date of receipt by you of the goods provided you have not altered or damaged the goods in any way. You do not need to give Tom Cunliffe Ltd any reason for withdrawing your order nor will you have to pay any penalty.
The only circumstances in which you cannot withdraw your order are where you have altered or damaged the goods which you have already received (or the ones in relation to which you want to withdraw your order) or where you have failed to notify Tom Cunliffe Ltd of your wish to withdraw within seven working days of your receipt of the goods.
To withdraw your order you must notify Tom Cunliffe Ltd by email at tom@tomcunliffe.com. If the goods have already been dispatched, Tom Cunliffe Ltd will agree with you a method and price for the return of the unwanted goods to Tom Cunliffe Ltd.
If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have altered or damaged them in any way, or failed to notify Tom Cunliffe Ltd within seven working days of your receipt of the goods of your wish to withdraw, you must send the relevant goods back to Tom Cunliffe Ltd’s nominated return address at your own cost and risk. If you withdraw your order before you receive the goods but Tom Cunliffe Ltd has already processed the goods for delivery, when you receive the goods, you must not unpack, alter or damage the goods and you must send the goods back to Tom Cunliffe Ltd’s nominated return address at your own cost and risk as soon as possible.
Once you have notified Tom Cunliffe Ltd that you are withdrawing your order, and provided that the goods in question are returned by you and received by Tom Cunliffe Ltd in the condition they were in when delivered to you, any sum debited by Tom Cunliffe Ltd from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order together with the agreed costs of the return of the goods to Tom Cunliffe Ltd.
NON-FULFILMENT OF YOUR ORDER
If Tom Cunliffe Ltd has insufficient stock to deliver the goods ordered by you, or for any other reason does not accept your order, any sum debited by Tom Cunliffe Ltd from your credit card will be re-credited to your account and Tom Cunliffe Ltd will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Re-credit of the amount debited from your credit card shall be the only payment due by Tom Cunliffe Ltd to you where an order is not accepted or goods cannot be delivered to you. Tom Cunliffe Ltd shall not be liable to pay any additional compensation for losses or damages of any kind incurred by you as a result of non-fulfilment of your order (including, without limitation, lost profits, loss of enjoyment, and direct, indirect, consequential, or special losses of any kind), whether or not you have notified Tom Cunliffe Ltd of the possibility of such losses.
DELIVERY OF GOODS TO YOU
If your order is accepted, Tom Cunliffe Ltd will deliver the goods ordered by you to the address you give Tom Cunliffe Ltd for delivery at the time you place your order. Subject to availability, Tom Cunliffe Ltd will endeavour to provide that goods are delivered within 10 days from the date of Tom Cunliffe Ltd’s acceptance email to you.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and Tom Cunliffe Ltd will not be liable for their loss, damage or destruction.
LIABILITY
If the goods Tom Cunliffe Ltd delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Tom Cunliffe Ltd shall have no liability to you unless you notify Tom Cunliffe Ltd by email at tom@tomcunliffe.com of the problem within ten working days of the delivery of the goods in question.
If you do not receive the goods ordered by you within 30 days of the date on which you ordered them, Tom Cunliffe Ltd shall have no liability to you unless you notify Tom Cunliffe Ltd by email at tom@tomcunliffe.com of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to Tom Cunliffe Ltd under this condition, Tom Cunliffe Ltd’s only obligation will be, at its option
- to make good any shortage or non-delivery
- to replace or repair any goods that are damaged or defective
- or to refund to you the amount paid by you for the goods in question together with any agreed costs incurred by you in returning any incorrect, defective or damaged goods if so agreed to Tom Cunliffe Ltd’s nominated return address.
FORCE MAJEURE
Tom Cunliffe Ltd shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
INVALIDITY
If any part of these conditions is unenforceable (including any provision in which Tom Cunliffe Ltd excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law, and you accept that English law applies and that the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.
ENTIRE AGREEMENT
These terms and conditions, together with the current Tom Cunliffe.com website prices, the delivery details supplied by you by email to Tom Cunliffe Ltd, the information set out on Tom Cunliffe Ltd’s acceptance email to you, and the information set out on the invoice sent to you with the goods, comprise together the whole of our agreement relating to the supply of the goods to you by Tom Cunliffe Ltd. These terms and conditions cannot be varied except in writing signed by a director of Tom Cunliffe Ltd.
