Atique & Urchins – Terms and Conditions of Sale

1. Sales Contract

These Terms and Conditions govern the supply of goods sold by Urchins, Bath House, Fore Street, Tintagel, Cornwall UK PL34 0DA Tel: 01840 779009

Atique & Urchins’ is a trading name of Amanda & Ian Dawson.  Bath House, Fore Street, Tintagel, Cornwall UK PL34 0DA

("We" and "us" being ‘Urchins’) ("You" and "your" being the customer named on the order form).

These Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these terms and conditions.

If you are not the consumer, you must confirm that you have authority to bind any business on whose behalf you use this website.

2. Price & Payment

a.        We try to ensure that all prices on our website are accurate, however, errors may occur from time to time. The price payable for the goods you order is as set out on our website at the time you place your order, plus any charges for carriage, packaging and insurance as set out in the order form unless we discover an error in the price of goods you have ordered. In such a case we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or of cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

b.        All price reductions shown are in relation to our current or previous shop price, unless otherwise stated.

c.        If payment is not made when due, interest is payable at the rate of 3 per cent over Alliance & Leicester’s then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs.

d.        Pre-order with deposit: We require a NON REFUNDABLE deposit 10% of the full price as displayed and shown on the website to secure item . No further payment is required until the bear is in stock and ready to dispatch. Alternatively call 01840 779009 to place pre-order and pay deposit.

3. Delivery & Title

a.        Title of the goods transfers to the purchacer once full payment is made and the items are accepted or collected from the store by the purchacer, alternatively goods may be delivered by arrangement.

b.        To combat fraud delivery will only be made to the registered address of the holder of the credit card/debit card used to pay for the goods.

c.        A valid signature will be normally be required on collection or delivery. Immediately prior to despatch of the goods to you, title in the goods will pass to you provided that we have processed and received payment in full for the products.

d.        After despatch we will endeavour to notify you of the shipment details by an email to the contact address given in the order.

e.        In the unlikely event that you have not received all the goods within 21 days of the date of shipment you must notify us immediately.

4. Delivery UK

a.        Agreed UK deliveries will normally be made within 5 working days of us receiving your order and receiving payment for the item(s) and delivery and insurance if requested. Working days are defined as Monday to Friday excluding public and bank holidays.

b.        Deliveries are normally despatched by Courier, Royal Mail or Recorded Post within the UK. We are unable to instruct Royal Mail to leave parcels with neighbours or in certain locations as your order requires a signature.

c.        We will obtain ‘Proof of Postage’ for all orders shipped by us via Royal Mail. This will be deemed the end of our responsibility for the shipping of all orders. Where orders are traceable under the Royal Mail Track and Trace scheme (currently only applicable to Great Britain) we will endeavour to offer all reasonable assistance in supporting you in tracing an item and/or claiming for loss or late delivery.

5. Delivery outside of the UK

a.        All overseas orders are despatched by Air-mail and will normally take between 5 and 10 days for delivery, dependent upon destination. We will obtain ‘Proof of Postage’ for all orders shipped by us. This will be deemed the end of our responsibility for the shipping of all orders.

b.        Please note that Customs Regulations (outside of EU and EEA) require us to declare the contents of your order on a declaration form attached to your order. The authorities may open parcels to confirm that the contents comply with the current postage regulations of the sending or receiving country.

c.        You are responsible for any taxes, fees, duties, charges and/or other monies payable in the destination country arising directly or indirectly from the importation of the goods into the destination country. You are advised to check such liabilities before placing your order.

6. Availability

Should we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, try to contact you to enquire if a substitute product will be acceptable to you. We will then supply or deliver an agreed substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days.

7. Cancellation & Returns

a.        We do not offer a free viewing service. Refunds are only given for unused goods properly returned (see 7.c) for the amount paid less an amount intended to cover postage, packaging and insurance costs incurred by us. You may cancel your order by giving us notice of cancellation within 14 days of the date of collection or delivery. Such notice may be given by mailing, faxing or emailing to the number or address set out on the order form. If you are cancelling because of any fault with the goods, please notify us of the fault at the time of cancellation and enclose a written description of the fault with the returned goods.

b.        On cancellation, you must return the goods to us at your cost. If the goods are being returned because they are faulty, incorrect, or because of unsuitable substitution by us, we will meet any reasonable costs of return postage by refunding you the money, however, we ask that you allow us to nominate the carrier and carrier’s service level to be used.

c.        On returning goods to us you must take reasonable care to repackage the goods appropriately in order that they are unlikely to suffer damage or be destroyed on their return journey. We reserve the right to refuse refunds for returned goods that are received by us either incomplete or not in their original condition. You should be very careful to ensure that any certificates, documents, original packaging and display materials are returned with the appropriate product. We advise that you insure the goods appropriately.

8. Liability

a.        If you have notified us of a problem with the goods, we will (subject to clause 4) either make good any shortage or non-delivery, replace or repair any goods that are damaged or defective upon delivery, or refund to you the amount paid by you for the goods in question.

b.        We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising from any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer.

c.        The goods are suitable for their intended use in the United Kingdom. You should read any labels and abide by any instruction and note any warnings that may come with the goods. We make no warranties, express or implied, that the goods comply with any laws, regulations or standards of any jurisdiction outside the United Kingdom.

9. Termination

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.

10. Force Majeure

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

11. General

a.        If any part of these conditions is invalid, illegal or unenforceable the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.

b.        We reserve the right to change these terms and conditions at any time. Any such changes will take immediate effect upon their posting to the website. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by our latest terms and conditions.

c.        All sizes and measurements are approximate.

d.        Exact products may vary from that shown.

e.        All products subject to availability.

12. Copyright, trademarks and all other intellectual property rights

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials, designs and/or content made available as part of your use of this website are considered protected. Reproduction in whole, or in part, strictly prohibited without written permission.