The Country Catalogue Terms and Conditions
Distance Selling
These terms and conditions are designed to cover sales where the sale takes place at a distance either via our website, telephone, e-mail, post or fax.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.country-catalogue.co.uk (our site), in any of our various catalogues produced (our catalogues), or Products otherwise available for sale to you. Please read these terms and conditions carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 www.country-catalogue.co.uk is a site operated by The Country Catalogue, a division of Monks Consulting Ltd (we). We are registered in England and Wales under company number 10998604 and with our registered office at Naunton Farm, Birch Green, Severn Stoke, Worcester, England, WR8 9DL
2. Your status
By placing an order you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
3. How the contract is formed between you and us
3.1 Each order or acceptance of a quotation for Products by you from us shall be deemed to be an offer by you to buy the Products. All orders are subject to acceptance by us.
3.2 Placing an order via the telephone, e-mail, post or fax:
(a) The placing of an order does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
3.3 Placing an order via our site:
(a) After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
(b) We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation
3.4 Once your order has been accepted either under clause 3.2 or clause 3.3, the Contract will be formed.
4. OUR PRODUCTS
4.1 The following clauses under clause 4 apply to consumers only and do not apply to businesses
4.2 We warrant that on delivery and for a period of 12 months from the date of delivery, the Products shall:
(a) conform in all material respects with their description;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Products are fit for or for any reasonable purpose for which you use the Products;
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Products in England and Wales.
4.3 This warranty is in addition to your legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau.
4.4 This warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Products in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. We reserve the right to return any Product to our suppliers for their opinion regarding any defect or failure of that Product.
4.5 We will take reasonable steps to pack the Products properly and to ensure that you receive your order in good condition.
4.6 These clauses apply to any repaired or replacement Products we supply to you in the unlikely event that the original Products are faulty or do not otherwise conform with these clauses.
5. Availability and delivery
5.1 If you are ordering via our site, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5.2 When ordering via telephone, fax, e-mail or post, we will inform you usually, but not restricted to, by telephone of an estimated delivery date. If no delivery date is specified, we will endeavour to fulfil within 30 days of your order, unless there are exceptional circumstances.
6. Risk and title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you once the goods have been delivered and once we receive full payment of all sums due in respect of the Products, including delivery charges and any other amounts due to us from you, including interest and costs.
7. Price and payment
7.1 The price of any Products will be as quoted on our site, our catalogues or verbally quoted from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs. Delivery costs will be added to the total amount due as set out in our Delivery and Returns Guide or as advised by us.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products may be by credit or debit card. We accept MasterCard, Visa, Visa Delta, Visa Electron and Maestro
7.7 If you order via our site, in addition to clause 8.6, payments can also be made through PayPal. When paying via PayPal, payment will be taken when you place your order.
7.8 In some instances, payments may also be made by cheque. We will usually not dispatch your order until your cheque has cleared.
7.9 All offers are subject to stock availability. We reserve the right to withdraw an offer at anytime.
8. Our refunds policy
8.1 We will exchange or refund any unused Products if you cancel your order within 14 working days of delivery. The following conditions apply:
a) Please return the Products back to us in an un-used, un-soiled and re-sellable condition, with their original packaging and any labels attached, together with a covering letter explaining your requirements.
b) The cost of incurred by you in returning the item to us will not be refunded.
c) If we receive the returned Product from you after 14 days from cancellation, we may offer a refund or exchange at our discretion.
d) We shall process the refund due to you as soon as possible, usually using the same method originally used by you to pay for your purchase.
8.2 When you return a Product to us because the Product is faulty or defective, we shall contact the manufacturer for the item to be repaired, replaced or refunded. You are not entitled to a refund, replacement or repair of the Product where the Product is damaged through ordinary wear and tear, neglect or misuse. If a refund is due to you, we will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. The cost of the delivery charges for sending the item to you and/or the cost incurred by you in returning the item to us may be refunded to you at our discretion. We are unable to accept any soiled goods. We recommend that you call us for advice before returning a faulty Product.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.4 In all circumstances whether under this clause or not, we recommend that you use a signed delivery service as proof of posting will not constitute proof of receipt by us.
9. Non-delivery
9.1 The quantity of any consignment of Products as recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
9.2 We shall not be liable for any non-delivery of Products unless you give written notice to us of the non-delivery within 5 working days of the date when the Products would in the ordinary course of events have been received.
9.3 Any liability of us for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata rate against any invoice raised for such Products.
10. Our liability
10.1 The following clauses under clause 10 apply where you have purchased as a consumer only and not where you have purchased as a business.
10.2 Where you have purchased as a consumer, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notices
All notices given by you to us must be given to The Country Catalogue at Naunton Farm, Birch Green, Severn Stoke, Worcester, England, WR8 9DL. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice 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.
14. Consumer rights
14.1 The following clauses under clause 17 apply to consumers only.
14.2 If you are contracting as a consumer rather than as a business, you may cancel the Contract by informing us in writing at any time within 14 working days, beginning on the day after you received the Products. We need to receive this notice within the 14 working days. You will receive a full refund as soon as possible and, in any case, within 14 days of receiving the returned goods. Where only part of the order is returned, the cost of sending the item to you shall not be refunded.
14.3 If you cancel under clause 14.2 above, you must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may be unable to issue a full refund.
15. Events outside our control
15.1 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 events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Waiver
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
17. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. PATENTS, DESIGNS, COPYRIGHTS OR TRADEMARKS
We shall not in any circumstances be liable for any loss, liability or expenses suffered or incurred by you by reason of the use or resale of the Products which constitutes an alleged or actual infringement of any patent, design, copyright or trademark, foreign or domestic, vested in a third party and you will indemnify us against all damages, penalties, costs and expenses to which we may become liable as a result of anything done or omitted to be done by you which involves or gives rise to any infringement or alleged infringement of any such patents, designs, copyright or trademarks
19. Our right to vary these terms and conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and jurisdiction
Contracts for the purchase of Products through our site or any other means, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.