TERMS AND CONDITIONS:
CONDITIONS OF SALE
1 Definitions and Interpretations
1.1 In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
"Consumer" a consumer as defined by Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the Protection of Consumers in Distance Contracts
"Customer" the person who makes an offer to buy the Goods from Acolyte Home and Gifts subject to these Conditions and whose offer for the Goods is accepted by Acolyte Home and Gifts and such acceptance is acknowledged to the Customer in Writing ( known as the "Acolyte Home and Gifts` Acknowledgement")
"Contract" the contract for the purchase and sale of the Goods” Export Goods" Goods which are the subject of EU Orders or Worldwide Orders (as defined below)
"Goods" the goods ordered by the Customer from Acolyte Home and Gifts` "Order" the order placed by the Customer with Acolyte Home and Gifts for the Goods on the order page
“Acolyte Home and Gifts" of 24 Inkerman Terrace, Whitehaven, Cumbria. CA28 7TY
"Writing" includes e-mail.
2.1 Acolyte Home and Gifts shall sell and the Customer shall purchase the Goods in accordance with these Conditions.
2.2 All Contracts made by the Company and any additions or amendments thereto shall be subject to these Conditions which shall supercede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
2.3 Acolyte Home and Gifts reserves the right to alter these Conditions from time to time without notice to you and the alterations will apply to any orders received after that time.
2.4 Acolyte Home and Gifts` employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Acolyte Home and Gifts in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
3.1 Please refer to the 'How to Order’ section of this web-site for information on how to place an Order.
3.2 No Order submitted by the Customer shall be deemed to be accepted by Acolyte Home and Gifts unless and until confirmed in Writing by the Acolyte Home and Gifts Acknowledgement.
3.3 The Customer shall be responsible to Acolyte Home and Gifts for ensuring the accuracy of the terms of the Order, and for specifying in the Order any necessary information relating to the Goods to enable Acolyte Home and Gifts to perform the Contract.
3.4 The quantity, and description of the Goods to be provided by Acolyte Home and Gifts to the Customer under the Contract shall be those set out in the Acolyte Home and Gifts Acknowledgment.
3.5 Subject to clause 12, no Order which has been accepted by Acolyte Home and Gifts may be cancelled by the Customer except with the agreement in Writing of Acolyte Home and Gifts and on terms that the Customer shall indemnify Acolyte Home and Gifts in full against all loss (including loss of profit), costs (including all or any cost or labour and all or any materials used), damages, charges and expenses incurred by Acolyte Home and Gifts as a result of cancellation.
3.6 The Goods are only available while stocks last. If after the Acolyte Home and Gifts Acknowledgement has been notified to the Customer there is insufficient stock of Goods of the type ordered by the Customer available for Acolyte Home and Gifts to deliver to the Customer then Acolyte Home and Gifts shall refund to the Customer's credit or debit card via Paypal all sums debited in respect of those Goods which are out of stock.
4 Price and Payment
4.1 The price of the Goods shall be the price identified for each item next to its details on the Acolyte Home and Gifts website www.acolytehomeandgifts.com on the date of acceptance of the Order (the "Price"). Delivery charges and estimated timescales are detailed in the `Delivery section of this website. Export prices that shall apply in relation to Export Goods and are available only by Written response from Acolyte Home and Gifts, obtained by sending an e-mail to email@example.com.
4.2 Acolyte Home and Gifts reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to Acolyte Home and Gifts which is due to any factor beyond the control of Acolyte Home and Gifts (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Acolyte Home and Gifts adequate information or instructions.
4.3 Payment can be made by the use of Paypal. Acolyte Home and Gifts therefore have no access to, or hold any payment or financial details. Therefore, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you to Paypal.
4.4 Customers ordering via PayPal are responsible for providing the correct delivery address details both to PayPal and Acolyte Home & Gifts.
4.5 Payment of the Price together with the Delivery Costs will be debited from the Customer's account after Acolyte Home and Gifts Acknowledgment has been notified to the Customer in Writing but before the Goods are delivered to the Customer pursuant to clause 6.
4.6 Whilst Acolyte Home and Gifts tries to ensure that all prices on the Acolyte Home and Gifts website are accurate, errors may occur. If Acolyte Home and Gifts discovers an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
4.7 If the Customer's card issuer fails to make any payment of the Price and all and any Delivery Costs on behalf of the Customer then, without prejudice to any other right or remedy available to Acolyte Home and Gifts, Acolyte Home and Gifts shall be entitled to cancel the contract or suspend any further deliveries (if any) to the Customer.
5 Specification / Design / Characteristics.
5.1 By placing an order with Acolyte Home and Gifts, you are acknowledging the following: that on occasion the design and sizes of pieces may alter slightly. Acolyte Home and Gifts do not acknowledge these as faults but the item(s) can be returned with all original carriage charges and collection costs being incurred by the customer. If the item is for intended for a specific purpose then please email Acolyte Home and Gifts on enquiries to check that there are no specific changes that could affect the item(s) material usage.
5.2 The majority of furniture offered for sale by Acolyte Home and Gifts is handcrafted, and as a consequence, all sizes are offered as a guide only. We reserve the right to change specifications without prior notice.
5.3 Acolyte Home and Gifts have selected Goods on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.
5.4 Please note that it is virtually impossible to accurately portray the actual colour of natural wood / wood products in a web picture due to differing screen resolutions and natural variations from batch to batch. With regards to our natural wood / wood furniture, Acolyte Home and Gifts endeavours to provide the Customer with the best portrayal of colour, but we cannot accept colour or shade differences as evidence of defects.
5.5 In the unlikely event that the Customer wishes to return an item because of a shade difference, or any other reason, Acolyte Home and Gifts is willing to offer a refund as long as we receive written confirmation within 5 days of delivery. However, original carriage charges and collection costs must be at the Customer’s expense and the returned item must be resellable as `brand new` as per the terms stated in the section entitled Section 8, `Returns`
5.6 The Customer shall be responsible for ensuring that their premises have been sufficiently prepared or constructed so as to allow for the proper installation of any Goods ordered, and Acolyte Home and Gifts undertakes no responsibility for the fitting of the Goods into the dimension thereof.
5.7 If any claim is made against Acolyte Home and Gifts that the manufacture or sale of the Goods infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, the Customer shall, except to the extent that the claim is due to the default of Acolyte Home and Gifts, indemnify Acolyte Home and Gifts against all damages or other compensation awarded against Acolyte Home and Gifts in connection with the claim or paid or agreed to be paid by Acolyte Home and Gifts in settlement of the claim and all legal or other expenses incurred by Acolyte Home and Gifts in or about the defence or settlement of the claim
6.1 Delivery charges and estimated timescales are specified in the `Delivery section of this website. Acolyte Home and Gifts makes every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable.
6.2 Any time or date for the dispatch or delivery of Goods shall be taken as an estimate made by Acolyte Home and Gifts in good faith but shall not be of the essence of the contract. Acolyte Home and Gifts shall not be liable for any loss caused to the Customer in consequence of failure to deliver by the estimated Delivery Date or such other date as may be subsequently agreed.
6.3 Unless the parties otherwise agree to the contrary in Writing, delivery of the Goods shall be made by agents of Acolyte Home and Gifts delivering the Goods to the Customer at such premises as specified by the Customer in its Order or such other premises that the Customer and Acolyte Home and Gifts have agreed in Writing.
6.4 The Customer shall allow (unless otherwise notified as per section 3.5):
6.4.1 A maximum of fourteen working days from receipt Acolyte Home and Gifts in the case of Orders placed from within mainland UK ("UK Orders");
6.5. Twenty five working days from receipt of Acolyte Home and Gifts` Acknowledgment in the case of Orders placed from outside mainland UK but within the European Union ("EU Orders")
6.5.1 Thirty working days from receipt of Acolyte Home and Gifts' Acknowledgment in the case of Orders placed from outside the European Union ("Worldwide Orders")for delivery of the Goods before notifying Acolyte Home and Gifts in Writing that delivery has been delayed.
6.6 If the Customer fails to take delivery of the Goods or fails to give Acolyte Home and Gifts adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Acolyte Home and Gifts’ fault) then, without prejudice to any other right or remedy available to Acolyte Home and Gifts, Acolyte Home and Gifts may:
6.6.1 Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.6.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price under the Contract or charge the Customer for any shortfall below the Price under the Contract.
6.7 The Price and all and any delivery costs are inclusive of any applicable Value Added Tax (sales tax), which the Customer shall pay to Acolyte Home and Gifts.
6.8 It is the responsibility of the Customer to ensure that the necessary acceptance arrangements are in place on the stated day of delivery.
6.9 In order to keep delivery costs low, only one attempt will be made to deliver the item(s). In the event that the Customer is unable to accept delivery on the first attempt, a second delivery charge will be levied.
6.10 Insurance for delivery is solely for the purpose of delivering the item(s) to your door and does not extend to moving furniture via steps / stairs or inside the property.
6.11 Delivery Drivers will attempt to be of assistance where is reasonably possible, however neither they or Acolyte Home and Gifts will be held responsible for any damage caused.
6.12 All deliveries are carried out by one person so please be aware that the driver may require assistance if access to property is difficult.
6.13 Items may be delivered on a pallet, kerbside. It is the responsibility of the Customer to ensure arrangements are made to take the item(s) indoors.
6.14 It is the customer`s responsibility to provide the correct delivery address at the point of order / payment. Acolyte Home & Gifts and associated sellers will not be held liable in the event that Goods ordered to a specified address as identified by the customer are not received by the customer.
7 Data Protection
8. Returns Policy
8.1 We accept Returns providing that we are informed in Writing, by email within 7 working days of the item(s) having been delivered. However, in the event that the item(s) were bespoke or the result of special orders, Returns will not be possible.
8.2 In the first instance, Customers should, via email, Write to Acolyte Home and Gifts to state that items are being returned at firstname.lastname@example.org and ask for confirmation of address for the returns. Acolyte Home and Gifts will then issue the respective address details in order to facilitate return of the item(s).
8.3 All Return items must be resellable in `as new` condition. Therefore they must be in the original wrappings and unused and unassembled (if applicable). Therefore, please ensure that the person unwrapping the item(s) is extremely careful to keep the packaging intact and retain it. Acolyte Home and Gifts strongly advises that this is noted by the Customer as it is essential in preventing the item(s) being damaged on return. It is Acolyte Home and Gift’s policy that items which are damaged during the Return phase due to inadequate wrapping are the responsibility of the Customer. Similarly, Return items which do not have their original packaging will not be accepted.
8.4 Where an item(s) has been returned using our 7 Working Days Returns Policy, a refund will be issued. Delivery charges incurred do not get credited/ refunded.
8.5 Returns should be made using Royal Mail`s Recorded service - Proof of Postage will not be accepted in the event of the item(s) failing to be returned.
8.5 Due to hygiene considerations we cannot accept returns of earrings or other pierced type jewellery that has been worn unless there is a fault with the item.
9.1 Any damages invariably occur during the transit process. It is the Customer’s responsibility to ensure that all items received are signed for as proof of delivery. Prior to signing, the customer is required to check that the packaging is intact. Refunds / claims for damages will not be accepted where the item(s) has been signed for as `packaging intact`.
9.2 Damages will be replaced free of charge, provided Acolyte Home and Gifts is informed via email (email@example.com) within 3 working days of the item(s) being delivered.
9.3 All damage claims must be supported by evidence in the form of high resolution digital photographs which should be attached to the initial email notifying Acolyte Home and Gifts of damage in accordance with section 9.2 above.
9.4 Acolyte Home and Gifts reserve the right to decide whether or not damaged items is replaced or refunded.
10 Defective Items
10.1 In the highly unlikely event that an item is defective, the Customer must inform Acolyte Home and Gifts within 25 day from receipt of item(s). Claims for defective items must be supported by evidence in the form of high resolution digital photographs to be emailed with written supporting evidence to: firstname.lastname@example.org Acolyte Home and Gifts undertakes to notify the originating supplier within 5 days of any such claim. Inspection of the item(s) will be carried out by the originating supplier and if it is decided that the defects are valid, then the Customer will be due a full refund including carriage costs. However, the value of the refund will be at the discretion of the originating supplier and each case will be judged on its own merit.
10.2 Under no circumstances will replacements or refunds be given once the item(s) have been delivered and 30 days in total have elapsed.
10.3 Acolyte Home and Gifts reserve the right to decide whether or not defective items is replaced or refunded.
11.1 All order must be cancelled in writing via email to email@example.com with `Cancellation` clearly identified in the `subject` header. Please note that once the item(s) has left the supplier’s premises, the full delivery and return costs will be incurred.
12.1 Risk of damage or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when Acolyte Home and Gifts has tendered delivery of the Goods.
12.2 The ownership of the Goods shall pass to the Customer at the time of the receipt by Acolyte Home and Gifts of payment in full of the Price and cost of delivery.
12.3 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Acolyte Home and Gifts shall be entitled at any time to require the Customer to deliver up the Goods to Acolyte Home and Gifts and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
12.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Acolyte Home and Gifts, but if the Customer does so all moneys owing by the Customer to Acolyte Home and Gifts shall (without prejudice to any other right or remedy of Acolyte Home and Gifts) forthwith become due and payable.
13 Insolvency of Customer
13.1 This clause applies if at any time before the ownership of the Goods passes to the Customer pursuant to sub-clause 9.2 one or more of the following events occurs (the "Cancellation Events"):
13.1.1 The Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
13.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
13.1.3 The Customer ceases, or threatens to cease, to carry on business;
13.1.4 Acolyte Home and Gifts reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
13.2 If this clause applies then, without prejudice to any other right or remedy available to Acolyte Home and Gifts, Acolyte Home and Gifts shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer save that Acolyte Home and Gifts shall refund to the Customer all and any payments made to it in respect of the Price prior to the Cancellation Event. If the Goods have been delivered but not paid for at the date of the Cancellation Event the Price due in respect of the delivered Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
14.1 All Goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a Consumer.
14.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Acolyte Home and Gifts or manufacturer, failure to follow the manufacturer’s instructions, or any alteration or repair carried out without the approval of the manufacturer or Acolyte Home and Gifts..
14.3 If the Goods supplied to you develop a defect while under warranty, or you have any other complaint about the Goods, you should notify Acolyte Home and Gifts in Writing at the address shown in the 'Contact Us' section of this web-site.
15 Export Goods
15.1 In the case of EU Orders or Worldwide Orders the Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
16 Force Majeure
16.1 Acolyte Home and Gifts shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Acolyte Home and Gifts’ obligations in relation to the Goods, if the delay or failure was due to any cause beyond Acolyte Home and Gifts’ reasonable control.
17.1 The contract between us shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
17.2 We do not guarantee that the Acolyte Home and Gifts website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC, or any liability for any other loss or damage of any kind caused to your PC resulting from use of the Acolyte Home and Gifts website.
17.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its e-mail address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
17.4 No waiver by Acolyte Home and Gifts of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
17.6 The Contract constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the Contract. Neither party will be entitled to rely on any agreement, understanding or arrangement which is not expressly contained in the Contract and no change may be made to it except in Writing signed by duly authorised representatives of both parties.
17.7 The Customer agrees that these Conditions shall not be denied legal effect, validity or enforceability on the grounds that they are displayed electronically or transmitted from Acolyte Home and Gifts to the Customer or from the Customer to Acolyte Home and Gifts using the Internet.
18 Free Gift
18.1 Acolyte Home & Gifts offers a free gift to new customers. We define new customers as those who purchase directly from the Acolyte Home & Gifts website for the first time.
18.2 The free gift offered by Acolyte Home & Gifts is offered in good faith. It cannot be exchanged for credit, goods of a similar value.
19 Competitions - Acolyte Home & Gifts
19.1 In the event that competitions are run on the Acolyte Home & Gifts website, the prizes are offered in good faith and cannot be exchanged for credit, goods of a similar value or for cash.
19.2 Timescales detailed for any competitions will be clearly outlined and are based on Greenwich Mean Time (GMT).
19.3 Entrants to any competitions are agreeing that they will allow the publishing of their suitably anonomised details as a winner of the competition/s.
19.5 Entries to any competition which are stated as `drawn at random` are as described.
19.6 Acolyte Home & Gifts reserves the right to ask winners for quotes for publication on the Acolyte Home & Gifts website.
19.7 Acolyte Home & Gifts reserves the right to change these competition Terms & Conditions without prior notice and at any time.
19.8 Competition entrants agree that Acolyte home & Gifts can feature appropriate wording from your competition entries, given name and geographical location on the Acolyte Home & Gifts website, Acolyte Home & Gifts Newsletters, Twitter Facebook and promotional material.
20. Offers to Subscribers of our Newsletter
20.1 Acolyte Home & Gifts reserves the right to offer specific and clearly stated offers to subscribers of the Acolyte Home & Gifts Newsletter only.
20.2 Any percentage reduction offers are for the costs of the Goods solely. Postage & Packing / Delivery charges are not included in any such offer.
20.4 Acolyte Home & Gifts reserves the right to withdraw any offers or amend the percentage reduction at any time.
20.4 Any offers made available to subscribers in relation to percentage reductions on goods will not apply to those goods which are offered at a reduced rate within the `Irresistible` section.
20.5 Percentage refunds using PayPal will be made within 24 hours maximum.In the unlikely event that there is a technical issue with PayPal over which Acolyte Home & Gifts has no control, Acolyte Home & Gifts undertake to email the customer on a regular basis to keep them informed of the situation.
20.6 Percentage discounts offered to subscribers are only available on orders placed by the subscriber on the Acolyte Home & Gifts website; they are not transferrable to any other commercial platform where goods offered for sale by Acolyte Home and Gifts are available.
21.0 Advertisement of Services and / or Specialist Products.
21.1 Acolyte Home & Gifts advertises specialist services and / or products from a range of suppliers and takes all reasonable care and precautions to ensure that the said specialist services and/or products are legally offered for sale and effectively run.
21.2 Acolyte Home & Gifts cannot be held responsible for any customer dispute or dissatisfaction with a specialist service / product provider as advertised on Acolyte Home & Gifts. Whilst the specialist service / product is advertised on Acolyte Home & Gifts, the customer contract is with said service / product provider and not Acolyte Home & Gifts.