Terms & Conditions
TERMS & CONDITIONS OF SALE OF
Alan Eldridge Ltd t/a Shaker of Malvern
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles (including any digital content) that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Alan Eldridge Ltd of Hoe Farm Workshops, Mathon Road Colwall that owns and operates www.shakerofmalvern.co.uk.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.shakerofmalvern.co.uk
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3.1 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.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT.
4.2 The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 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.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.5 If you place your order through our website we will ask for the full amount to be paid at that time.
4.6 If you place your order in person, by email or phone we will ask for 50% deposit with the remainder payable prior to delivery.
4.7 If you are ordering a bespoke piece we will ask for 50% deposit with the remainder payable prior to delivery. Bespoke pieces cannot be cancelled after 24 hours as we start making them straight away. If we have not started making the piece, it may be cancelled and a refund given less any costs that we have incurred for materials ordered and time spent. Bespoke pieces cannot be returned due to their custom nature.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 Smaller goods such as our boxes and pegrail supplied within the UK will normally be delivered within 3 – 4 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
7.2 Smaller goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
7.3 For larger pieces of furniture 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 or receive a full refund. We expect to deliver within 6 – 8 weeks.
7.4 Delivery of the Goods shall be made to the Buyer’s 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. The Seller is under a legal obligation to supply Goods in conformity with the Contract.
7.5 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.
7.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8 RETURN OF GOODS
8.1 You shall send back the goods or hand them over to us at Alan Eldridge Ltd, Hoe Farm Workshops, Mathon Road, Colwall WR13 6EP without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of your contract with us. The deadline is met if you send back the goods before the period of 14 days has expired.
8.2 You will have to bear the direct cost of returning the goods.
8.3 You will be liable for the costs incurred should any damage occur to the goods in the process of their return.
9 REMEDY FOR BREACH
All Goods supplied by the Seller must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.
10 LIMITATION OF LIABILITY
10.1 The Seller shall not be responsible for:
10.1.1 losses that were not caused by any breach on the part of the Seller; or
10.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
10.1.3 any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller.
10.2 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.
10.3 Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct.
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.
12 FORCE MAJEURE
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, failure of any communications, telecommunications or computer system, 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.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 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.