These terms and conditions apply to the entire Company including the Website (www.peacockchairs.com) and to any correspondence between us and you. By accessing any part of the Website, you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept them in full, you must leave the Website immediately. The Company may revise the Terms and Conditions at any time by updating this posting on the Website. You should check the Website from time to time to review the then current Terms and Conditions because it is binding on you. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
Company – PeacockChairs.com
Seller – PeacockChairs.com
Website – means www.peacockchairs.com
Buyer – means the individual or organisation agreeing to buy goods from the Seller
Consumer – shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
Contract – means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
You – means the person reading these terms and conditions or using the Website
Goods – means the articles that the Buyer agrees to buy from the Seller
Terms and Conditions – means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller
Should you wish to contact the Company to discuss your order or potential order then please, email us at email@example.com.
You are not permitted to print and download extracts from the Website for your own use. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. If you breach any of the terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission. Any rights not expressly granted in these terms are reserved.
SERVICE AND ACCESS
While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes 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 this legal notice, might have effect in relation to the Website.
Please note that our suppliers have made every effort to make the colours and finishes as close as possible to the images on this website. However, we cannot guarantee an exact match in colours and finishes and the images and information should not be relied on as such.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. On receipt of an order, the Seller will send the buyer an email acknowledging receipt of their order. This email does not represent acceptance of the order by the seller. The seller shall only be deemed to have accepted an order at the point the goods are delivered. Where the Goods ordered by the Buyer are not available within the timescales annotated in the delivery section of these Terms and Conditions, the Buyer shall be notified and given the option to either wait until the Goods are available or cancel the order and receive a full refund within 30 days. When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Ordering section within the website.
PRICE AND PAYMENT
The Price of the Goods shall be that stipulated on the Website. The Price excludes delivery charges. The total purchase price, including delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer. Payment of the Price and delivery charges must be made in full before the Goods are despatched. Where the Buyer has paid a deposit to secure their order, this deposit is non-refundable however may be transferred to a new order at the Seller's discretion.
RiIGHTS OF SELLER
The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion. The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
The Seller warrants that the Goods will at the time of despatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
Goods will be delivered to mainland UK destinations and will normally be delivered within 28 days unless stated otherwise (please also refer to the Force Majeure section below). This time is an approximation and the company will endeavour to notify you of any unforeseen delays to your delivery. Delivery is calculated on the number of seats per order, and is shipped via our carriers, 2MD. Where multiple items are ordered the delivery time shall be deemed to be that of the longest delivery time shown for the items ordered. Where a specific delivery date has been agreed and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date. Should a suitable date not be agreed a full refund will be made. The Seller shall use its reasonable endeavours to meet the estimated delivery date shown or any other date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery date. Delivery of the Goods shall be made to the Buyer's delivery address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Failure to accept delivery on the agreed date and time will result in further delivery charges if another has to be arranged. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. From time to time we may send chairs by Parcel Force. Please note the extract from their website with reference to missed deliveries, potential extra costs and strike dates.
FREE DELIVERY OFFERS
Please note where an item has been delivered under a free delivery offer a charge of the regular delivery cost will be levied against any refund issued. The buyer will still be liable for any return delivery charges.
CANCELLATION AND RETURN
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email within seven days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. If you are a consumer and have bought through our website or over the telephone you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email (firstname.lastname@example.org) and returning the goods to the Seller within 30 days of receipt in unused condition. If you are a consumer and have bought in store or if you are NOT a consumer, the return of any goods is permitted only with the prior express consent of the seller; if such consent is given goods must be returned to the seller at the buyers expense in unused condition within 14 days of such consent being granted. A minimum restocking fee of 15% may be charged on all such returns. The seller reserves the right to increase this charge in the event of goods or packaging being returned opened or damaged.
In the case of cancellation Goods must be returned unused (this includes use for promotional photography, functions, weddings or any other event) by the Buyer at the Buyer's expense and should be adequately insured during the return journey. If the item has been used for any of the above a rental charge will be levied. The Buyer will receive a refund of all monies paid for the Goods, excluding delivery charges and return postal charges, within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. Goods to be returned must clearly show the order number obtained from the Seller on the package. The Buyer should ensure all goods are returned in original packaging, including instructions where applicable etc. The Buyer has a duty of care for the products during the cancellation period. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage. Refunds for returned goods can only be made to the credit/debit card or pay pal, whichever was used for the original purchase.
RIGHT TO CANCEL UNDER DISTANCE SELLING REGULATIONS
If you are a consumer (i.e. acting for purposes outside a business), you have the right (ending 14 working days following the day after delivery of goods) to cancel the contract by email to email@example.com or any of the other methods specified in Distance Selling Regulations in which case we will refund the price paid for the goods attributable to the cancelled item. You are required to take reasonable care of items. If you cancel, you must return the goods to our above trading address at your expense. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense. (This paragraph does not apply to goods to which the right of cancellation under the Distance Selling Regulations does not apply including goods which are made to your specifications or are clearly personalised.)
Your above rights under the Distance Selling Regulations are not affected by any separate returns policy on our website.
LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, pestilence, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
WHAT INFORMATION DO WE COLLECT
We collect information from you when you place an order. When ordering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
WHAT DO WE USE YOUR INFORMATION FOR?
We only use your information to process your transaction and deliver the purchased product. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
HOW DO WE PROTECT YOUR INFORMATION?
We implement a variety of security measures to maintain the safety of your personal information when you place an order.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorised with special access rights to such systems and are required to keep the information confidential.
DO WE RETAIN YOUR INFORMATION?
After a transaction, your private information (credit card numbers, contact details) will not be stored on our servers.
Yes. Cookies are small files that a site or its service provider transfers to your processors hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information.
peacockchairs.com uses Google Adwords to advertise to customers and uses Adwords targeting features such as location targeting to provide customers with advertising that is more relevant to them. Google Adwords are adverts that may be shown when you conduct a search on a Google website or application.
peacockchairs.com does not associate any targeting information with any personally identifiable information, and does not share or provide any precise location information to Google. If you would like to know more, please email at firstname.lastname@example.org
DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
CHILDREN ONLINE PRIVACY PROTECTION ACT
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 18 years old or older.