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Stuart Clarkson Design
The Consumer Protection (Distance Selling) Regulations 2000 Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Stuart Clarkson Design website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’).
If the Regulations apply, Customers may cancel goods purchased from Stuart Clarkson Design by sending a written notice of cancellation by post..
The notice of cancellation must be delivered within 7 working days of the date of delivery of the goods.
The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Stuart Clarkson Design, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
The Customer is under a duty to retain possession of the goods whilst awaiting return to Stuart Clarkson Design and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
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Delivery, Title and Risk
Any time or date stated for delivery is an estimate only. Stuart Clarkson Design makes every effort to dispatch goods on time, but does not accept liability for failure to deliver within the stated time.
If Stuart Clarkson Design is unable to deliver the goods within 30 days of the date of the order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Stuart Clarkson Design in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Stuart Clarkson Design after the above date but before delivery of the goods or notification from Stuart Clarkson Design that the goods are ready for delivery.
Stuart Clarkson Design does not accept liability for shortages or damage to deliveries unless the Customer notifies Stuart Clarkson Design of the shortage or damage in writing within 7 days of receipt of the delivery
The Customer has to accept the goods when they are ready for delivery.
Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
Title in the goods does not pass to the Customer until payment is received in full by Stuart Clarkson Design.
If the Customer cannot accept delivery, Stuart Clarkson Design may at its option:
(a) store and insure the goods at the Customer’s expense and risk or
(b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
(c) re-arrange delivery provided that Stuart Clarkson Design may charge the Customer for the additional delivery costs incurred.
The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Stuart Clarkson Design shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
Errors and Omissions
Stuart Clarkson Design makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Stuart Clarkson Design will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Stuart Clarkson Design’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Stuart Clarkson Design after the manifest error has been discovered.
Nothing in these terms and conditions affects your statutory rights as a consumer.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorized Stuart Clarkson Design official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party. The notice shall be deemed served (a) two working days after posting; or (b) upon receipt of a successful fax transmission report; or (c) after system confirmation of e-mail delivery.
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
Stuart Clarkson Design may at its discretion record telephone transactions for staff training and quality control purposes. The tapes will be erased after review.
Stuart Clarkson Design reserves the right to change or amend these terms and conditions at any time and without prior notice.
Images used on this website are copyrighted to Stuart Clarkson Design or used by permission of the copyright holder. Unauthorised use will be considered an infringement of copyright and appropiate action will be taken.
Health and Safety
In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Stuart Clarkson Design confirms that the goods it supplies as a distributor do not present a hazard to health and safety
(a) when properly used for the purpose for which they are designed; and
(b) if the Customer takes reasonable and normal precautions in their use.
All contracts of sale made by Stuart Clarkson Design shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom Stuart Clarkson Design is dealing. Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
All orders are subject to acceptance and to availability of the goods ordered: Stuart Clarkson Design is entitled to refuse any order placed by you.
(1) You undertake that:
(a) all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
(b) the credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
(2) Please note, Stuart Clarkson Design may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
Standard Payment Terms
Stuart Clarkson Design’s standard terms of payment are pay before delivery, and these terms will apply except in the case of transactions where different terms are agreed in writing.
Goods and services are invoiced at the price prevailing at time of order.
Stuart Clarkson Design reserves the right to modify the prices from time to time.
Stuart Clarkson Design do not disclose buyers’ information to third parties.
Stuart Clarkson Design makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice.
If Stuart Clarkson Design cannot supply the goods ordered by the Customer, Stuart Clarkson Design reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Stuart Clarkson Design in respect of that order. This shall be the sole remedy of the Customer in these circumstances.
Postage and Packaging
In the UK our goods are dispatched using First Class, for the rest of the world we use air mail.
Postage & packaging charges are automatically calculated based on the goods in your shopping basket and the delivery destination more details…
All written correspondence and packages should be addressed to:
Stuart Clarkson Design.
Stuart Clarkson Design is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, Stuart Clarkson Design does not sell products on a trial basis. Customers are strongly advised to check suitability of products before ordering.
In the event that Stuart Clarkson Design, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply), agrees to accept the return for credit of unwanted products, the goods must be returned with Stuart Clarkson Design’s prior written agreement within 7 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of Stuart Clarkson Design’s sale price for the goods.
Subject to testing to verify any defect, we will accept the return of defective item for full refund or replacement at our option, if, but only if, the goods are returned within 7 days of delivery.
(a) Stuart Clarkson Design’s Customer Service staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us at Stuart Clarkson Design. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you.
(b) All returned goods will not be accepted without an order number found on the despatch note . Do not write directly on the manufacturer’s packaging. Please write the order number on the address label it to the returned package. Any defacement of the manufacturer’s packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Stuart Clarkson Design’s sole discretion.
(c) Stuart Clarkson Design cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to wrap the product adequately to prevent damage.
(d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
(e) On receipt of the returned product, we will examine it to identify the fault you have notified to us.
(f) If following the examination process, the product is found to be in good order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.
Stuart Clarkson Design makes every effort to ensure that Special Offers are sold on a ‘first come, first served basis’. However, the customer accepts that the goods may for some reason become unavailable at any time prior to delivery, in which case Stuart Clarkson Design reserves the right to rescind the contract. In the event of the cancellation of the sale in these circumstances, Stuart Clarkson Design’s liability is limited to the return of the purchase price paid by the customer.
(a) Products are non-returnable unless we have made an error or the goods are faulty;
(b) quoted prices are valid for 14 days only, and
(c) quoted prices are not subject to value, cash or volume discounts.