Terms and Conditions
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES
Please read these terms and conditions carefully, they contain important information about the Customer's (Your) rights and obligations.
These terms and conditions can be printed by clicking on the print icon on the browser. If there is any conflict or ambiguity between the clauses of these terms and conditions and those that are specific to the terms and conditions that apply to any individual or specific service or goods provided the conflict shall be resolved in accordance with the following order of precedence;
1) The Specific Terms (the suppliers terms and conditions)
2) The General Terms (these terms and conditions)
”The Company” means: Phil Irons Woodturning. ”the Retailers/Partners" means the retailers/partners that participate in any offer made by The Company.
“Customer” means any person, company, firm or organisation that uses a Facility and/or purchases a service, or goods from The Company.
“Website” means any website published by or in the name of the Company.
“App / Mobile App” means the mobile application published by or in the name of The Company.
“Facility” means any Website, App or other method of delivery of service or information utilised by the Company.
Please read these terms and conditions carefully before using the Facility. In particular, the Customer's attention is drawn to clauses addressing Applicability of online materials and Liability. By accessing and making use of the Facilities (including this website) the Customer agrees to be legally bound by these terms and conditions as they may be modified and posted on this website from time to time.
These terms and conditions take effect from the date when the Customer first accesses this website.
If the Customer does not wish to be bound by these terms and conditions in full then he/she may not use the Facility.
Nature of the Company Facilities, Website(s) and Mobile App(s)
These provide places for the Customer to obtain information about products and services that it provides. The Company also provides online facilities for purchasing those goods and services.
Changes to the Facilities and Our Service.
We are always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change a Facility or service; change pricing ; add or delete features available to any Customer or Users generally; or create usage limits.
Purchasing Goods and Services
To register in order to purchase goods or services now or in the future the Customer will need to follow the registration procedures set out. For goods and/or services details of prices are set out on this website and procedures for payment and delivery are set out below.
Payment and Supply
The Customer must pay by credit or debit card or other method to which The Company has given agreement at the time of the order. The price of the goods/service is the price in force at the date and time of the order. The Company tries to ensure that its prices displayed on this website are accurate but the price on the order will need to be validated by The Company as part of the acceptance procedure. The Company (or if appropriate the vendor direct) will inform the Customer if the price of the goods/service is higher than that stated in the Customer's order and the Customer may cancel the order and decide whether or not to purchase the goods/service at the correct price.
The Company is entitled to refuse any order placed by the Customer. If the order is accepted, The Company will confirm acceptance to the Customer by e-mail to the e-mail address that has been given by the Customer and the contract between the Customer and The Company is then formed. The goods/service will then be delivered to the postal address provided by the Customer or to an agreed collection point. For those goods/services offered by partners/retailers the contract shall be formed between the Customer and partner/retailer and The Company accepts no liability for loss associated with such a contract.
The Customer undertakes that all details provided to The Company for the purpose of registering Membership and purchasing goods/services will be correct, that the credit or debit card used is the Customer's own and that there are sufficient funds or credit facilities to cover the cost of the purchase. The Company reserves the right to obtain validation of the Customer's credit or debit card details before providing the goods or services.
The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
All risk in the goods shall pass to the Customer upon delivery.
No liability for any claim for damage or non-functionality shall be accepted unless The Company is notified in writing by the purchaser within seven days of delivery. This period may be extended at the sole discretion of The Company where the manufacturer’s replacement policy exceeds this deadline.
No liability for any claim for missing items such as manuals, etc. shall be accepted unless The Company is notified in writing by the purchaser within seven days of delivery.
The Company will not accept goods for credit or rectification unless such return has been authorised by The Company in writing (to include e-mail), and the goods are received by The Company in stock condition, with original packaging and the vendor retains the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof.
The Customer shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to the vendor for service or credit which goods shall be at the risk of the Customer until actual receipt of the goods by The Company. The onus of proof of safe delivery shall rest with the Customer.
All items returned to The Company by prearrangement and found to contain no fault, will be subject to a 25% (minimum £10) restocking charge, providing the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of The Company.
No credit shall be allowed for goods until they have been received complete.
Consequential Loss; The extent of The Company’s liability to the Customer for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and The Company shall in no circumstances whatsoever be liable to the Customer in respect of any loss or damage whether suffered by the Customer or any client or customer of the Customer and whether direct, indirect, consequential, or however else arising.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
The address and contact details of The Company for all communications and returns for which the supplier has not provided separate instructions is that shown on the Contact Page of this website.;
By proceeding the Customer agrees to accept these terms and conditions and will ensure that all other persons included when accepting an offer of a good/service adhere to these terms and conditions as though such other persons were a party to these terms and conditions.
Information provided by the Customer to The Company
The following applies to any information provided by the Customer to The Company:-
The Customer warrants and undertakes that it will not use the Company’s Website(s) and or App(s) for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If the Customer breaches these terms and conditions, then permission to use the facility terminates immediately without the necessity of any notice being given. The Company retains the right to deny access to any person who fails to comply with these terms and conditions.
The Customer is solely responsible in all respects for all use of and for protecting the confidentiality of any e-mail verification or other information relating to the Customer's order that may be given. The Customer may not share such information or transfer such information to any third parties. The Customer must notify The Company immediately if he/she becomes aware of any breach of security.
Applicability of online materials
Unless otherwise specified all content and materials published are presented solely for the Customer's private, personal and non-commercial use.
The Company has used its best endeavours to ensure that it complies with UK laws. However, The Company makes no representations that the materials on the Website(s) and/or App(s) are appropriate or available for use in locations outside the UK. Those who visit its facilities from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of the Company Website(s) and/or App(s) and/or viewing of , or use of any material or content or services, or products offered through same are contrary to or infringe any applicable law in the Customer's jurisdiction(s), the Customer is not authorised to view or use the facility(s) and must leave same immediately.
Copyright and Monitoring
The contents of the Website(s) and/or App(s), including all rights vested in the Company and its partners and suppliers including services, graphics, logos, designs, page headers, button icons, scripts, trademarks or trade dress are protected by trademark and international copyright laws and other intellectual property rights. All products and logos mentioned are the trademarks, service marks or trading names of their respective owners. The Customer may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded including but not limited to text, graphics, video, messages, code and/or software without prior written consent, except where expressly invited to do so.
The Company makes no representations whatsoever about any other websites which the Customer may access through its Website(s) and/or App(s) or which may link to this website. When accessing any other website the Customer understands that it is independent from The Company who holds no control over the content or availability of that other website. In addition, a link to any other website does not mean that The Company endorses or accepts any responsibility for the content, or the use of, such a website and The Company shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
The Company will try to make the Website(s) and/or App(s) available but cannot guarantee that they will operate continuously or without interruptions or be error free and can accept no liability for unavailability. The Customer must not attempt to interfere with the proper working of the Company Website(s) and/or App(s) and, in particular, must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
The Company promises that for any registered Customer:
The Company has the right to register the Customer to the scheme or service as described.
The Company excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to its facilities any information or service provided through them. The Company will do its best to ensure that all materials and information published by it are accurate, but please note that all content materials and information are provided on an 'as is' basis.
The Customer assumes total responsibility and risk for use of the Website(s) and/or App(s) and use of all information, services, graphics, logos, designs, page headers, button icons, scripts, trademarks or trade dress contained within or accessed through it. The Customer accepts sole liability and shall indemnify the Company against all costs arising from such breach (including own legal costs) for any breach by it of any term of use or supply stated
The Company accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where the Customer suffers loss or damage arising out of or in connection with the viewing or use of the Website(s) and/or App(s) or the contents of same.
The Company accepts no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of The Company or its servants, agents or any other person or entity.
The Customer is responsible for ensuring that his/her computer system meets all relevant technical specifications necessary to use any Website and/or App and is compatible with same. The Customer also understands that The Company cannot and does not guarantee or warrant that any material available for downloading from its facilities will be free from infection, viruses and/or other code that has contaminating or destructive properties. The Customer is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy his/her particular requirements for the accuracy of data input and output.
The Company may assign, transfer or subcontract any or all of its rights and obligations under these terms and conditions at any time.
The Company may alter these terms and conditions from time to time and post the new version on its Website(s) and/or App(s), following which all use will be governed by that version. The Customer must check the Company terms and conditions regularly. The Company does not need to give notice of any change to these terms and conditions and the Customer's continued use of the Website(s) and/or App(s) shall be deemed to be acceptance of any changes that have been made.
Except in respect of a payment obligation, neither the Customer nor The Company will be held liable for any failure to perform any obligation to the other due to causes beyond the Customer or The Company's respective reasonable control.
Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
These terms and conditions do not confer any rights on any person or party (other than the Customer and/or The Company) pursuant to the Contracts (Rights of Third Parties) Act 1999.
The Company shall not be in breach of the Agreement, nor liable for any failure or delay in performance of any obligations under it , arising from, or attributable to acts, events, omissions or accidents beyond its reasonable control ("Force Majeure Event"), including but not limited to any of the following happening to or being suffered by the Company or any suppler to the Company whose actions are critical to the delivery agreed or contracted by the Company:
Acts of God, including but not limited to contagious disease, epidemic, pandemic, fire, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; compliance with any law or governmental order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary license or consent; fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or accidental damage; collapse of building structures, failure of plant machinery, machinery, computers or vehicles or interruption or failure of utility service, including but not limited to electric power, gas or water.
Where subject to a Force Majeure Event the Company shall not be in breach of any contract or agreement it has entered that is relevant to these Terms provided that it promptly notifies the other party in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance; and it could not have avoided the effect of the Force Majeure Event by taking precautions which, having regard to all the matters known to it before the Force Majeure Event, it ought reasonably to have taken, but did not; and it has used all reasonable endeavors to mitigate the effect of the Force Majeure Event to carry out its obligations in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably practicable. If the Force Majeure Event prevails for a continuous period of more than 3 months, either party may terminate the contract or agreement by giving 14 days' written notice to the other party. On the expiry of this notice period, the contract or agreement will terminate.
All notices shall be given:
to The Company via e-mail at or by post to The Company at their address as stated in Definitions.
to the Customer at either the e-mail or postal address provided by the Customer.
All notices shall, except where otherwise specifically provided, be in writing in exclusively in the English language and may be:
sent by e-mail, in which case it shall be deemed to have been served when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt); if within the United Kingdom,
sent by first class pre-paid post, in which case it shall be deemed to have been given 3 days after the date of posting; or if from or to any place outside the United Kingdom,
sent by pre-paid priority airmail, in which case it shall be deemed to have been given ten Business Days after the date of posting.
Governing Law, Jurisdiction and Language
This Agreement and any dispute or claim arising out of or in accordance with it or its subject matter or formation (including non-contractual disputes or claims) shall be exclusively governed by and construed in accordance with English law.
Any dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination or the legal relationship established by this Agreement, shall be referred to and finally resolved by Arbitration under the Chartered Institute of Arbitration Rules whose Rules are deemed to be incorporated by reference to this clause. It is agreed that the tribunal shall consist of a single arbitrator who shall be a practicing Queen’s Counsel. In default of the Parties’ agreement as to an arbitrator, the appointing authority shall be the Chartered Institute of Arbitrators in London. The seat of the arbitration shall be London, England and the language of the arbitration shall be English.
The Parties irrevocably agree that the language of this Agreement and all correspondence shall be English and that where a word is not subject to a definition within this Agreement its meaning shall be the common contextual meaning identified by reference to the Oxford English Dictionary.
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
If one party gives notice to the other of the possibility that any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
These terms and conditions replace all other terms and conditions previously applicable. These terms may be replaced or updated without notice.
These Terms are effective from 27th February 2021