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Vanessa Bullick Ceramics
Terms and Conditions of Supply
These Terms will apply to any contract between us for the sale of Products to you (the "Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our shop.
If you refuse to accept these Terms, you will not be able to order any Products from our shop.
You should print or save a copy of these Terms for future reference.
We amend these Terms from time to time as set out in Clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1 Information about us
1.1 Vanessa Bullick Ceramics ("we" or "us") is a sole trader, in Scotland with our principal place of business at 11 High Street North, Crail, Fife KY10 3TA. The owner is Vanessa Willis of 11 High Street North, Crail, Fife KY10 3TA
1.2 We operate the website www.vanessabullick.co.uk
1.4.1 To cancel a Contract in accordance with your legal right to do so as set out in Clause 7, you just need to let us know that you have decided to cancel.
1.4.2 The easiest way to do this is to e-mail us at[email protected]. If you use this method we will e-mail you to confirm we have received your cancellation.
1.4.3 You can also contact us by telephone on 07910 253681.
1.4.4 If you are contacting us please include details of your order to help us to identify it.
1.4.5 If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
1.4.6 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephone on 07910 253681 or by e-mailing us at vanessabullick.co.uk.
1.4.7 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2 Our Products
2.1 The images of the Products on our Site are for illustrative purposes only and your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, dimensions and measurements indicated on our Site have a 2% tolerance.
3 Use of Our Site
4 Personal Information
We only use your personal information in accordance with
5 How the contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us.
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at the end of the order process.
5.3 To pay for your order you will be redirected to the iZettle website to provide your account details and again you will be able to check over your order at this stage before confirming that you wish payment to be made.
5.4 After your payment has been processed, you will be redirected to a webpage which will display a confirmation that your order has been placed and setting out your order number but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 5.6.
5.5 You will then receive an e-mail from us acknowledging that we have received your order and again showing your order number but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 5.6.
5.6 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or that they are ready for collection from our shop ("Dispatch Confirmation").
5.7 The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.8 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery or collection date or because of an error in the price on our Site as referred to in Clause 10 we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements or any other changes which effect the way in which we contract with you.
6.4 If we have to revise these Terms as they apply to an order which you have placed then we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
6.5 You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7 Returns and Refunds
7.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in Clause 7.3 and 7.4. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.
7.4 Your deadline for cancelling the Contract is 14 days after the day on which you receive the Product.
7.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is by email tovanessabullick.co.uk.
7.6 When contacting us please include details of your order to help us to identify it.
7.7 If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
7.8 If you cancel your Contract we will:
7.8.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
7.8.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method);
7.8.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
184.108.40.206 if you have received the Product and we have not offered to collect it from you:
220.127.116.11.1 14 days after the day on which we receive the Product back from you; or,
18.104.22.168.2 if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see Clause 7.11; and
22.214.171.124 if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
7.9 If you have returned the Products to us under this Clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.10 We will refund you using the method used by you to pay for your order.
7.11 If a Product has been delivered to you or collected by you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back to us at 11 High Street North, Crail, Fife KY10 3TA, and
7.12 Unless the Product is faulty or not as described (in this case, see Clause 7.9), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
7.13 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract and as a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 7 or anything else in these Terms.
7.14 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 This Clause 8 applies where you have chosen to have the Products delivered.
8.2 We aim to dispatch all accepted orders for delivery within 7 working days.
8.3 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order).
8.4 Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 13 for our responsibilities when this happens.
8.5 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
8.6 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.7 You own the Products once we have received payment in full, including all applicable delivery charges.
8.8 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
8.8.1 we have refused to deliver the Products;
8.8.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.8.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.9 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 8.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.10 If you do choose to cancel your Order for late delivery under Clause 8.7 or Clause 8.8:
8.10.1 you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value;
8.10.2 if the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this; and
8.10.3 after you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11 Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our Site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Clause 10.5 for what happens if we discover an error in the price of a Product which you have ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
11.5 Mistakes in Prices
11.5.1 Our Site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our Site may be incorrectly priced.
11.5.2 If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order.
11.5.3 We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11.5.4 Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12 How to pay
12.1 You can only pay for Products either:-
12.1.1 if the Products are being delivered, by using your iZettle when placing your order; or
12.2 Payment for the Products and all applicable delivery charges is in advance.
13 Our liability
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
13.2 Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 We do not in any way exclude or limit our liability for:
13.4.1 death or personal injury caused by our negligence;
13.4.2 fraud or fraudulent misrepresentation;
13.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
13.4.5 defective products under the Consumer Protection Act 1987.
14 Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 13.2.
14.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
14.4 Where the Event Outside Our Control affects our delivery of Products to you or our ability to make Products available for collection by you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.5.1 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days.
14.5.2 To cancel please contact us.
14.5.3 If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15 Other important terms
15.1 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.
15.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and we will always notify you in writing or by posting on this webpage if this happens.
15.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing, except where a product is purchased as a gift.
15.4 This Contract is between you and us and no other person shall have any rights to enforce any of its terms.
15.5 Each of the paragraphs of these Terms operates separately so that if any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7 Please note that these Terms are governed by Scots law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the Scottish courts will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England or Wales, you may also bring proceedings in England or Wales.
Vanessa Bullick Ceramics
1 Other Applicable Terms
1.1.2 if you purchase goods from our Site, our Terms and Conditions of Supply will apply to the sales.
2 Information About Us
2.1 We operate the website www.vanessabullick.co.uk.
2.2 Vanessa Bullick Ceramics ("we" or "us") is a partnership, formed in Scotland with our principal place of business at 11 High Street North, Crail, Fife KY10 3TA.
3 Changes to these Terms
3.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
4 Changes to our Site
4.1 We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it .
4.2 We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
5 Using our Site
5.1 Our Site is made available free of charge.
5.2 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.
5.3 Access to our Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Site without notice.
5.4 We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
5.5 You are responsible for making all arrangements necessary for you to have access to our Site.
6 Your Account
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us atvanessabullick.co.uk.
7 Intellectual Property Rights
7.1 Except where the contrary is indicated, we are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.
7.2 Those works are protected by copyright laws and treaties around the world and all such rights are reserved.
7.3 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
7.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.5 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
7.6 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
8 No Reliance on Information
8.1 The content on our Site is provided for general information only and it is not intended to amount to advice on which you should rely.
8.2 You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
8.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
9 Limitation of Liability
9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
9.3 We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.3.1 use of, or inability to use, our Site; or
9.3.2 use of or reliance on any content displayed on our Site.
9.4 Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
9.6 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.7 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Supply.
10.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site and you should use your own virus protection software.
10.3 You must not:
10.3.1 misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
10.3.2 attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
10.3.3 attack our Site via a denial-of-service attack or a distributed denial-of service attack.
10.4 If you breach this clause 10:
10.4.1 we will report any such breach to the relevant law enforcement authorities;
10.4.2 we will co-operate with those authorities by disclosing your identity to them; and
10.4.3 your right to use our Site will cease immediately.
11 Links to our Site
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3 You must not establish a link to our Site in any website that is not owned by you.
11.4 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
11.5 We reserve the right to withdraw linking permission without notice.
11.6 If you wish to make any use of content on our Site other than that set out above, please contact [email protected].
12 Links from our Site
12.1 Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only and we have no control over the contents of those websites or resources.
13 Applicable Law
13.1 Any dispute relating in any way to your use of our Site shall be governed by the laws of Scotland.
13.3 However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England or Wales.