1. Disclaimer
1.1 These terms and conditions apply to the use of this website at www.dormouseandtheteapot.com by accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
1.2 Using this website indicates that you accept these terms regardless of whether or not you choose to order from us. If you do not accept these terms, please do not use this website.
1.3 The Dormouse and The Teapot web site is provided solely for your personal use. You may not use this website for any commercial purpose, other than to effect purchases from Dormouse and The Teapot.
1.4 The www.dormouseandtheteapot.com website is operated by Carol Oldham trading as Dormouse and The Teapot.
1.5 We are not registered for VAT.
1.6 Trading address: 10 Bottoms Fold, Mossley, Ashton Under Lyne, Lancashire, United Kingdom OL5 9NH. General email: info@dormouseandtheteapot.com . Telephone number: 07861537888
1.7 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. If you do not wish to accept any new terms and conditions, you should not continue to use this Website.
1.8 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
1.9 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
2. Copyright
2.1 The copyright and other intellectual property rights in all material on this Website (including without limitation design, text, photographs and graphical images and the selection and arrangement thereof), is the copyright of Dormouse and The Teapot.
2.2 You are permitted to print and download PDF documents from this Website for your own use on the following basis:
(a) these documents and related graphics are not modified in any way;
(b) graphics within these documents are not used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
2.3 For the purposes of these terms and conditions, unless aforementioned, any use of materials on our website(s), including reproduction, modification, distribution or republication any part of it for any purpose without the prior written permission of Dormouse and The Teapot is strictly prohibited.
2.4 If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.5 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.6 Any rights not expressly granted in these terms are reserved.
3. Use and Availability of the Web Site
3.1 We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error free, free from defects, viruses or bugs or compatible with any other software or material.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Accessing the website is entirely at your own risk.
3.3 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
3.4 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
3.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
3.6 You agree to indemnify us fully, defend and hold us, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
4. Links to and from other websites
4.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
4.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Dormouse and The Teapot logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Dormouse and The Teapot trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
4.3 We expressly reserve the right to revoke the right granted in this clause 4.2 for breach of these terms and to take any action we deem appropriate.
4.4 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 4.2.
5. Representation of products
5.1 The images you see on this website are illustrative of the types of items we sell but in some cases are not necessarily representive of the actual item you will recieve. This is because many of our items are one-offs and in the case of our crockery are put together at the point of sale.
5.2 Some of our products are are genuinely old, so may have some characterful crazing, signs of wear, slight cracks or chips but will be fit for purpose as stated on this website. Products should not be used for any other purpose whatsoever. Due to the age of some of the crockery is not suitable for putting in the dishwasher, freezer or microwave. Handle with love and care!
6. Pricing
6.1 Our prices do not include VAT as we are not registered for VAT.
6.2 The price payable for the goods will be that set out on the website when the Order is placed with us and will be inclusive of postage and packaging. Postage will be 2nd class.
6.3 Our prices are reviewed periodically and the next review will be on 01/11/2009.
7. Payment Methods
7.1 We accept payment by Paypal only.
8. Acceptance of your Order
8.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
8.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have
8.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) where the delivery address is outside of the UK; or
(e) if you do not meet any eligibility criteria set out in our terms and conditions.
9. Delivery
9.1 Conditions Applicable to all Deliveries
9.2 Dormouse and The Teapot shall arrange for the carriage of the goods to the Delivery Address and shall be entitled to deliver the goods on any weekday during normal working hours after the period for delivery has commenced.
9.3 Please allow at least 14 working days for processing and delivery of products you have purchased but note that whilst every effort is made to deliver goods on the dates or within the periods specified by Dormouse and The Teapot, any delivery date or dates which may be quoted are estimates only. Dormouse and The Teapot shall not be liable for failure to deliver by such date or dates, or for any damage or loss arising directly or indirectly out of delay in delivery.
9.4 Working days are Monday to Friday excluding UK public holidays.
9.5 The Buyer will ensure that at the Delivery Address there is the adequate and appropriate personnel and equipment for taking delivery of the Goods and that, where appropriate, the Buyer's Agent has been properly instructed.
9.6 If for any reason the Buyer or Buyer's Agent will not accept delivery of any of the goods, or Dormouse and The Teapot is unable to deliver the goods on time because the Buyer or Buyer's Agent has not provided appropriate instructions, documents, licences or authorisations:
a) Risk in the goods will pass to the Buyer;
b) The goods will be deemed to have been delivered; and
c) Dormouse and The Teapot may store the goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage, demurrage and insurance).
9.7 Dormouse and The Teapot shall not be liable for any loss or damage whatever due to failure by Dormouse and The Teapot to deliver the goods (or any of them) promptly or at all.
10. Order Cancellation and returns
10.1 If you wish to cancel your order please notify us by returning your acknowledgement E-mail to us stating your intention to cancel the order. We will advise you how to return the goods to us. Please note It may not always be possible to stop an order from being dispatched, as we endeavour to process orders immediately. If an item has been dispatched the costs of returning goods to us shall be borne by you.
10.2 If your order has been received and you wish to return an item please contact Dormouse and The Teapot by emailing customerservices@dormouseandtheteapot.com prior to taking any action to return the goods. This is irrespective of whether the goods were damaged in transit, were found to be defective, were not ordered or are not wanted we will advise you how to return the goods to us. The costs of returning goods to us shall be borne by you (but 2nd class or equivalent postage will be refunded if items are defective or not ordered).
10.3 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for refund or exchange subject to 10.4
10.4 Upon receipt of the goods we will give you a refund or an exchange credit as required. Apart from when items are defective or delivered in error, all such refunds and exchange credits will be minus paypal charges, outward and inward postage and packaging costs.
10.5 The rights to return the goods to us as referred to in clause will not apply in the following circumstances:
(a) in the event that the product has been used
(b) in the event the product is damaged on unpacking or during subsquent use
(c) in the event internal packaging has been damaged when this forms part of the product i.e cards, gift wrapped items etc
10.6 Except in relation to faulty goods the following may not be returned:
Custom made goods, beds, bedding, toiletries, cosmetics, fragrances, pierced earrings, hair accessories, swimwear, lingerie/nightwear/underwear, hosiery, millinery, scarves, pharmaceuticals products, woodwind and brass instruments, food, beverages, or perishable goods, magazines and Newspapers of any description.
The provisions of this clause 10.6 do not affect your consumer, or statutory rights
11. UK Consumer Protection (Distance Selling) Regulations 2000
11.1 Under the UK Consumer Protection (Distance Selling) Regulations 2000 the Buyer has a separate right of cancellation during a "cooling off" period.
11.2 If you wish to cancel your Order under this provision, you have seven clear working days to let us know - the seven days start from when the goods are first delivered. You should E-mail us at customerservices@dormouseandtheteapot.com
11.3 You must take care of the goods whilst they are in your possession and return them to us at your own expense.
11.4 A full credit for the purchase cost of the goods will be given (not including paypal charges, outward and inward postage and packing). To receive the refund, the goods and packaging should be in undamaged condition, and the goods or artwork(s) returned in the same condition that they were delivered to you.
11.5 These conditions do not affect your consumer, or statutory rights
12. Privacy
12.1 We are committed to protecting your privacy and will only use the information that we collect about you lawfully and otherwise in accordance with the UK Data Protection Acts as currently in force.
12.2 We collect information about you for 2 reasons: firstly, to process your order; and secondly, to provide you with the best possible service.
12.3 The type of information we will collect about you includes:
(a) your name
(b) your address
(c) your phone number
(d) your email address
12.3 We never collect sensitive information about you without your explicit consent and, as required by the UK Data Protection Acts, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.
12.4 Our personal information security procedures mean that we may request proof of verification of identity before we are able to disclose sensitive personal information.
13. Jurisdiction
13.1 The website is controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place on our website are governed by English Law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or any order you place on the website.
13.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws
14. Miscellaneous
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
15. Customer Service Complaints
15.1 If for any reason you are unhappy with our service, please e-mail customerservices@dormouseandtheteapot.co.uk detailing your concerns.
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