Terms and conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please phone us on 01270 212130.

Application

  1. These Terms and Conditions apply to the sale of the Goods from us to you. We are Crewe Heritage Trust, whose trading name is Crewe Heritage Centre, a company registered in England and Wales under number 02700697, whose registered office is at Crewe Heritage Centre, Vernon Way, Crewe, Cheshire, CW1 2DB with email address sales@crewehc.org, telephone number 012170 212130;
  2. By ordering the Goods, you agree to be bound by these Terms and Conditions. You can only purchase goods from the Website if you have capacity to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
  3. Delivery Location means the location where the Goods are to be supplied, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information so that it is accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  5. Goods means any goods which are the subject of an Order that we accept;
  6. Order means any order by you for goods advertised on the Website;
  7. Website means our website crewehc.org.

Goods

  1. Subject to clause 13, the description of the Goods is as set out in the Website, as supplemented by any catalogues, brochures or other form of advertisement that we may produce; provided that any small difference between the goods that we supply and the goods as described in the Website will not be a breach of the Contract.
  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All goods which appear on the Website are subject to availability.
  4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

  1. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  1. The description of any goods in the Website does not constitute a contractual offer to sell those goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (an Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors.
  4. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email (ie the Order confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of the Goods.
  5. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
  6. No variation of the Contract, whether about the description of the Goods, the price or otherwise, can be made after the Contract has been entered into unless the variation is agreed between us in writing.

Price and Payment

  1. The price of the Goods and any additional delivery or other charges will be as set out in the Website at the date of the Order, or such other price as we may agree in writing.
  2. Prices and charges include any VAT at the rate applicable at the time of the Order.
  3. You must pay by submitting your credit or debit card details with your Order so that we can take payment immediately or otherwise before delivery of the Goods.

Delivery

  1. We will deliver the Goods, to the Delivery Location by any time that is agreed between us or, failing agreement not more than 30 days after the day on which we receive your payment for the Goods.
  2. If we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    • we have refused to deliver the Goods, or
    • if delivery on time was essential taking into account all the relevant circumstances at the time the Contract was made, or you had told us before the Contract was made that delivery on time was essential; or
    • after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  3. If you treat the Contract at an end under clause 25, we will promptly return all payments that you have made to us under the Contract.
  4. If any of the Goods form a commercial unit (a number of items form a commercial unit if division of the unit would materially impair the value of those items or the character of the unit) you cannot reject or cancel the Order for some of those Goods without also rejecting or cancelling the Order for the rest of them.
  5. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  6. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or for any other genuine and fair reason.
  7. If you fail through no fault of ours, to take delivery of the Goods at the Delivery Location, you will reimburse any reasonable costs that we incur in storing and redelivering the Goods
  8. The Goods will become your responsibility from the completion of delivery. You should examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
  2. You will not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods, in which case you must return any of the Goods that have been delivered or allow us to collect them.

Withdrawal

  1. You can withdraw the Order without incurring any liability if you tell us before we send you an Order Confirmation.

Right to cancel

  1. You will have the cancellation rights set out below unless the Goods:
    • are made to your specifications or are clearly personalised;
    • are liable to deteriorate or expire rapidly; or
    • have become mixed inseparably with other items after delivery.
  2. Subject to clause 37, you can cancel the Contract within 14 days without giving any reason.
  3. The cancellation period will expire after 14 days after the day on which you acquire, or a third party (other than the carrier) acquires, physical possession of the Goods. In a contract for the supply of goods over time the right to cancel will expire 14 days after the first delivery.
  4. To exercise your right to cancel, you must inform us of your decision by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made.
  5. You can also inform us of your decision to cancel by electronically filling in and submitting the model cancellation form on the Website. If you use this option, we will communicate to you an acknowledgement of the cancellation in a Durable Medium (eg by email) without delay.
  6. Except as set out below, if you cancel the Contract, we will reimburse to you all payments received from you, including payments for delivery (except any supplementary costs arising if you chose a type of delivery other than the least expensive type of delivery offered by us).
  7. We may make a deduction from the reimbursement for any loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods as might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
  8. We will make the reimbursement not later than:
  9. 14 days after the day we receive back from you any Goods that have been delivered; or
  10. (if earlier) 14 days after you provide evidence that you have sent back the Goods.
  11. If no Goods have been delivered, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract
  12. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  13. If you have received any Goods under a Contract which you have cancelled, you must send back the Goods or hand them over to us at Crewe Heritage Centre, Vernon Way, Crewe, Cheshire, CW1 2DB without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of the Contract. You agree that you will bear the cost of returning the Goods.

Conformity

  1. We have a legal duty to supply the Goods in conformity with the Contract. This means that upon delivery the Goods will:
    • be of satisfactory quality;
    • be reasonably fit for any particular purpose which, before the Contract was made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) or was set out in the Contract, or which we indicated that the Goods would be fit for; and
    • conform to their description.

Successors and our sub-contractors

  1. Either party can transfer the benefit of the Contract to someone else, and will remain liable to the other for its obligations under the Contract. We will be liable for the acts of any sub-contractors which we choose to help us perform our duties.

Circumstances beyond the control of either party

  1. In the event of any failure by a party to perform its obligations under the Contract because of something beyond its reasonable control:
    • the party will advise the other party as soon as reasonably practicable; and
    • the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid. This will not affect your right to cancel the Contract as set out above.

Excluding liability

  1. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our legal obligations. Subject to this, we are is not liable for (i) any loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii)any loss (eg loss of profit) to your business, trade, profession which would not have been suffered by a Consumer.

Governing law, jurisdiction and complaints

  1. The Contract is governed by the law of England and Wales.
  2. Disputes can be submitted to the courts of England and Wales or, where you live in Scotland or Northern Ireland, to the courts of Scotland or Northern Ireland respectively.
  3. We will always try to resolve any dispute as amicably as possible. If a dispute occurs you should contact us to find a solution. We will aim to respond within 14 days.

Model cancellation Form

To

Crewe Heritage Trust

Crewe Heritage Centre

Vernon Way, Crewe

Cheshire

CW1 ZDB

Email address: sales@crewehc.org

Telephone number: 01270 212130

I/We[*] hereby give notice that I/we [*] cancel my/our [*] contract for the sale of the following goods [*] ordered on

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _(date received)

Name of customer(s):

 

Address of customer(s):

 

 

Signature of customer(s) (only if this notice is sent on paper)

 

Date

 

[*] Delete as appropriate.

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