PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, ESPECIALLY THOSE SHOWN IN RED PRINT, BEFORE PLACING AN ORDER WITH US.
GENERAL TERMS
1. These terms and conditions of sale (“Terms of Sale”) govern the contractual relationship between Daryl and Sarita Greenham, trading as “Greenham Makers” (“we” and cognates), and the buyer (“you” and cognates) in relation to the sale and purchase of any item(s) (“Goods”) from us (“the Contract”).
2. The Contract will be made after both (a) we have agreed to sell you the Goods and (b) you have agreed either to collect the Goods from our workshop or to pay the price quoted by us for the Carriage of the Goods to you. “Carriage” as used in these Terms and Conditions means both (a) the transport of the Goods to the kerb outside an address identified by you but not to any room or floor or other location at or within that address, and (b) any insurance or other costs, charges, duties and/or taxes associated with the said transport.
3. The inclusion of any Goods on our website does not constitute an offer capable of acceptance, nor any representation that any Goods are available for sale.
4. All prices shown include VAT where applicable.
5. You will be charged interest on any overdue payments at a rate of 5% accruing daily.
6. If you are a consumer we only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you is limited in the same way as if you were a business customer.
7. If you are a business customer:
a. nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable), fraud or fraudulent misrepresentation, or the breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
b. this Contract constitutes the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement;
c. save to the extent expressly set out herein, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded and we shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for Goods under the Contract;
d. you must pay all amounts due to us under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8. We are not responsible for delays outside our control, including delays caused by weather, strikes and traffic. If our supply of the Goods is delayed by any such event, you will be contacted as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the said event(s), but if there is a risk of delay exceeding 4 weeks you may end the contract and receive a refund for any Goods you have paid for but not received.
9. All Goods sold remain our property, and no title in them shall pass, until they have been paid for in full.
10. We will use the personal information you provide to us in accordance with all applicable data protection laws and regulations and the Vendors’ own privacy policy.
11. Any representation made by us with regard to the origin, age, usage, manufacture and/or provenance of any Goods is made in good faith but expressly without any warranty as to its accuracy, and no such representation shall ever constitute a condition of, nor the basis of, any contract between us.
12. This Contract is governed by English law. Any and all disputes howsoever arising from or connected to this Contract (whether such disputes are founded in contract, quasi-contract, tort or by reference to any other alleged cause of action and/or remedy whatsoever) shall be submitted to the exclusive jurisdiction of the Courts of England and Wales.
DELIVERY
13. The price of the Goods excludes Carriage. Carriage will be quoted for separately.
14. You will pay for Carriage to the delivery address unless you choose to collect the Goods from our workshop in Stopham, West Sussex.
15. The cost of Carriage is calculated based on the size, weight and fragility of each item and the distance to your delivery address. The costs of delivery may vary depending on access restrictions or the type of courier required.
16. If the Goods are to be exported from the United Kingdom, whether to countries within the European Union or outside the European Union:
a. it will be your responsibility to obtain the relevant export licence;
b. when making arrangements for export of the Goods, you must comply with all requirements of any relevant tax authorities (including, if applicable, HM Revenue and Customs), any export licensing authorities and any other relevant official bodies; and reimburse to us any sum claimed if HM Revenue and Customs, any relevant tax authorities or any other official body makes any claim against us for VAT, sales tax, use tax or any other expense or penalties resulting from your failure to comply with the relevant requirements for export and import.
c. when upon their sale to you the Goods are intended for export, you will be charged for VAT on the Goods should they not be exported. In any event you will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.
d. Unless otherwise agreed in writing, the sale of the Goods is not dependent on either us or you obtaining an export licence and failure or delay in obtaining a licence will not constitute a basis to cancel a purchase or delay payment for it.
17. The Goods will be delivered to the kerbside outside the delivery address on a day agreed between us, but we are unable to identify whether delivery will be made at any given hour, or in any given party, of that day.
18. If, after a day for delivery has been agreed, you notify us before any attempt is made to deliver the Goods that no one will be available at the delivery address to receive the Goods kerbside and move them indoors and/or to a place of safety within the delivery address, then:
a. we will upon such notification arrange for the Goods to be redelivered within 4 weeks of the original agreed delivery date. You will be liable for the cost of any attempted redelivery of the Goods and for their storage and insurance pending such redelivery;
b. if the items have not been redelivered within 4 weeks of the original delivery date for any reason whatsoever, then absent further agreement between us in writing or by email, the Contract will terminate automatically. We will refund the price of the goods minus any costs of and occasioned by our inability to deliver the Goods to you at the first attempt. Such costs may include but are not limited to the costs of storage, redelivery attempts, insurance, and delivery back to us.
19. If, after a day for delivery has been agreed, you do not notify us before an attempt is made to deliver the Goods that no one will be available at the delivery address to receive the Goods kerbside and move them indoors and/or to a place of safety within the delivery address, then we may, at our sole, absolute and unfettered discretion, act as if you had so notified us; or alternatively and expressly without any risk or liability on our part:
a. the Goods will be delivered to and left kerbside at the delivery address at your sole risk and whether or not you are, or anyone else is, available to move them indoors or to any other place of safety;
b. you expressly acknowledge and agree that the delivery driver will not stay with the Goods to ensure their safekeeping after delivery, and will not enlist or attempt to enlist any third party (including neighbours) to safeguard the Goods after delivery; that the risk of any loss or damage to the Goods (including by weather, vandalism, accident or theft) after they have been delivered shall be yours alone; and that we shall under no circumstances whatsoever and howsoever arising be liable for any such loss or damage.
20. Where in this Contract it is stated that the Goods will be delivered to and/or left at the kerbside of the delivery address, it is expressly understood and agreed that the person effecting the delivery may instead deliver to the front door of the delivery address, at his sole, absolute and unfettered discretion, and without limitation irrespective of the size, weight or value of the Goods and/or any risk however obvious thereto from damage or theft by weather, theft or accident, but that neither he nor we shall be under any liability whatsoever arising from his decision as to whether to leave the Goods kerbside or at the front door.
21. If you cancel an order after Goods have already been dispatched for delivery, the costs of delivery are non-refundable and you will be liable for the costs of their redelivery back to the place from which they were sent to you.
CANCELLATION
22. If you are based in the European Union and are a consumer within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or any successor legislation thereof, you may cancel your order at any time before the expiry of the 14th day after the day on which the Goods were delivered to the delivery address. To cancel your order you must email us telling us that you wish to cancel your order.
23. The right of cancellation set out above is subject to the following restriction. You may not cancel your order and no refund will be issued for any Goods (even if they are for whatever reason subsequently returned to us) if:
a. the Goods were personalised, bespoke or made to order. This includes but is not restricted to Goods which have at your request been polished, sanded, waxed, renovated, adjusted, repaired, stained or covered with any cloth, fabric, leather or other covering as directed by you;
b. after delivery you use, alter and/or repair the Goods such as without limitation by polishing, sanding, waxing, renovating, adjusting, repairing, scratching, damaging, staining (whether deliberate or accidental), exposing to smoke or animal hair, or otherwise and in any way whatsoever and to whatever degree changing the nature, character, structure or appearance of the Goods.
24. Pursuant to the Consumer Rights Act 2015, you may cancel the contract and return the Goods at our cost if they are damaged in transportation or if the listing on our website was materially inaccurate, misleading, or misrepresented the Goods. You must in such cases both notify us and provide photographic evidence to us within 72 hours of the time of delivery (not, for the avoidance of doubt, the time you inspected them), or reject the delivery on arrival. Please note that for these purposes, antique/vintage items are not sold as new and are likely to show signs of wear and tear. This is not sufficient grounds for a refund. We will have no liability of any kind under this clause if:
a. you make any further use of the Goods after notifying us as stated above;
b. the defect arises because you failed to follow any instructions given by us as to the storage, installation, commissioning, use or maintenance of the Goods;
c. you alter or repair the Goods without our written consent; or
d. the defect arises as a result of fair wear and tear, wilful damage, negligence, or using the Goods in a manner for which they were not designed.
25. Subject to the above, if you lawfully cancel the Contract:
a. you will meet the costs of returning the Goods to us (including the costs of carriage and/or insurance);
b. we will refund you the price you paid for the Goods within 14 days after you inform us of your decision to cancel the Contract or we receive the Goods, whichever is the later.