Terms & Conditions
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. 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 were most recently updated on 17/05/2013. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.castlesforrascals.co.uk. We are Orca Design and Production Limited trading as Castles for Rascals, a company registered in England and Wales under company number 04685662 and with our registered office 71-75 Shelton Street, London WC2H 9JQ. Our VAT number is 925726507.
1.2 To contact us, please see our Contact Us page .
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because some of our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. IF YOU ARE A CONSUMER
This clause 4 applies if you are a consumer (and does not apply to business customers).
4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. IF YOU ARE A BUSINESS CUSTOMER
This clause 5 applies if you are a business (and does not apply to consumers).
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 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 each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that, except in respect of Bespoke Products, this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us, except in respect of Bespoke Products, will only be formed when we send you the Dispatch Confirmation.
6.4 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 of an error in the price on our site as referred to in clause 11.4, we will inform you of this by telephone or 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 as soon as possible.
Important note regarding Bespoke Products (i.e. any made-to-measure or custom-made products OR products made to your specification or clearly personalised):
The above order process does not apply in relation to your orders for Bespoke Products. The Contract between us in respect of any Bespoke Products that you have ordered will be formed on receipt of the acknowledgement email sent as described in clause 6.2. :
Your payment in respect of Bespoke Products will generally be processed within a maximum of 2 to 3 days (excluding weekends and bank holidays) from the date on which you receive our acknowledgement email.
Once your order is ready for dispatch from our warehouse, we will send you a dispatch confirmation email.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements;
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will give you notice of this by stating that these Terms have been amended and amend the relevant date at the top of this page.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 8 only applies if you are a consumer (and does not apply to business customers).
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to 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 under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products OR products made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of [14 (fourteen)] working days in which you may cancel, starting from the day you receive the Products.
8.3 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to 11 Church Walk, Thames Ditton, Surrey, KT7 0NP. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.4 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.5. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.5 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.6 We refund you on the credit card or debit card used by you to pay.
8.7 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We will advise you of the collection charge when arranging the collection with you but such charge will be no more than the original delivery charge;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.8 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 You must advise us when placing your order whether there are any access or parking issues at the delivery address.
9.3 Delivery will be completed when we deliver the Products to the address you gave us.
9.4 Our products will require a signature on delivery. If no one is available at your address to take delivery, we will leave you a note, in which case, please contact the number detailed on that note to rearrange delivery. If no one is available to take delivery on three separate occasions the goods will be returned to our warehouse or to the manufacturer and your order will be cancelled and you will receive a refund.
9.5 The Products will be your responsibility from the completion of delivery.
9.6 You own the Products once we have received payment in full, including all applicable delivery charges.
10. NO INTERNATIONAL DELIVERY
10.1 Unfortunately, we do not deliver to addresses outside the UK.
10.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.4 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Information page.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. 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. 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. 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 using PayPal, debit card or credit card. We accept the following cards: Visa Credit, Debit, Charge Cards & commercial Cards. MasterCard Credit, Debit, Commercial, Premium, World & Signia, Maestro, Diners Club and American Express. Payment for the Products and all applicable delivery charges is in advance.
Please note orders will only be despatched once we have authorisation from your payment card issuer. We will aim to inform you as soon as possible if there is an issue with the payment authorisation process or with any validation checks for your order. We will not accept your order if payment is not authorised. Where there are issues with the authorisation process or validation checks, your delivery may be delayed as a result.
We do not have to accept your order, and in particular, we will not accept your order if:
• we do not have the goods in stock/the goods in stock appear to be damaged;
• your payment is not authorised;
• there is an error on our Website regarding the price or other details of the goods;
• you have cancelled your order in accordance with the instructions above
We will be in contact with you as soon as practicable (by email or by phone) in each of the above circumstances to discuss your options. We reserve the right to refuse any order.
13. MANUFACTURER GUARANTEES
13.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
13.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14. OUR WARRANTY FOR THE PRODUCTS
14.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
14.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. OUR LIABILITY UNDER OUR CONTRACT IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15.6 Our liability relating to your use of our site is set out in clause 19.5.
16. OUR LIABILITY UNDER OUR CONTRACT IF YOU ARE A CONSUMER
16.1 This clause 16 only applies if you are a consumer. 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. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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
(e) defective products under the Consumer Protection Act 1987.
16.4 Our liability relating to your use of our site is set out in clause 19.5.
17. EVENTS OUTSIDE OUR CONTROL
17.1 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 17.2.
17.2 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.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to 11 Church Walk, Thames Ditton, KT7 0NP. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail to email@example.com or to Castles for Rascals at 11 Church Walk, Thames Ditton, Surrey, KT7 0NP You can always contact us using our Customer Services telephone line on 0800 0937 422.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
18.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. USE OF OUR SITE
19.1 Accessing Our Site
(a) We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
(b) You are responsible for making all arrangements necessary for you to have access to our site.
19.2 INTELLECTUAL PROPERTY RIGHTS
(a) We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(b) 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.
(c) 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.
(d) Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
(e) 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.
19.3 NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
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.
19.4 LIMITATION OF OUR LIABILITY IN RELATION TO YOUR USE OF OUR SITE
(b) 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.
(c) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
(d) If you are a consumer user, 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.
(e) 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.
(f) 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.
(g) Limitations and exclusions of liability applying to liability arising as a result of the supply of any Products by us to you are set out in clause 15 and 16 above.
(a) We do not guarantee that our site will be secure or free from bugs or viruses.
(b) You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
(c) You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not 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. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
19.6 LINKING TO OUR SITE
(a) 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.
(b) 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.
(c) You must not establish a link to our site in any website that is not owned by you.
(d) 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.
(e) We reserve the right to withdraw linking permission without notice.
(g) If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org
19.7 THIRD PARTY LINKS AND RESOURCES IN OUR SITE
(a) Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
(b) We have no control over the contents of those sites or resources.
20. OTHER IMPORTANT TERMS
20.1 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.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
20.4 Each of the paragraphs of these Terms operates separately. 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.
20.5 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.
20.6 If you are a consumer, please note that these Terms are governed by English 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 English law. You and we both agree to that the courts of England and Wales 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 Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.