Terms and Conditions
Information About Us
www.andrewnebbettdesigns.co.uk is a website operated by Andrew Nebbett Antiques (“we” or “us”). We are registered in the U.K. under company number 04364049. Our registered office is at Quay House, Quay Road, Newton Abbot, Devon, TQ12 2BU. Our VAT number is GB 668 4622 02.
1. Access to and Use of Our Site
1.1 Access to Our Site is free of charge.
1.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
1.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
1.4 Use of Our Site is subject to these terms. Please ensure that you have read them carefully and that you understand them.
2. Cookies and the way we use them
3. International Customers
3.1 If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
4. Goods Pricing and Availability
4.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
4.1.1 Images of Goods are for illustrative purposes only. Our products are tailor-made to each order and each product is unique and there may be some colour variations. Please note that all of our products are handmade and finished, and as such the colours of the metals may vary. There may also be variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
4.2 Where appropriate, you may be required to select the required size, colour of the Goods that you are purchasing.
4.3 We neither represent nor warrant that Goods will be available. Stock indications are not provided on Our Site and products are tailor-made to order.
4.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
4.5 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
4.5.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.
4.6 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
4.7 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
4.8 Delivery charges are included in the price of Goods on Our Site for delivery to most UK mainland destinations. Please note that UK highlands and islands are excluded, as are international addresses but please contact us for a delivery quote for such an address. For more information on delivery charges, please refer to https://www.andrewnebbettdesigns.co.uk/faqs/
4.9 Delivery options and related charges will be presented to you as part of the order process.
5.1 Our website will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
5.2 No part of Our website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an order processing confirmation with an estimated completion and dispatch window.
5.3 All our products are tailor-made to order, once we receive your order we will confirm that your order has been scheduled to be made and we will confirm this via our estimated completion confirmation.
5.4 Once the order has been made in our workshop, it will be dispatched for delivery. We will confirm this via our Dispatch Confirmation, which shall contain the following information:
5.4.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
5.4.2 Estimated delivery date(s) and time(s);
5.5 If We, for any reason, do not accept or cannot fulfil your Order, payment shall not be taken. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
6.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged and your product will be scheduled to be tailor made in our workshop.
6.2 We accept the following methods of payment on Our Site:
6.2.2 All Major credit cards.
7. Delivery, Risk and Ownership
7.1 All Goods purchased through Our Site will normally be delivered within 60 calendar days of the date of Our Dispatch Confirmation unless otherwise agreed (subject to delays caused by events outside of Our control, for which see Clause 15).
7.2 Deliveries are made either by Parcel Force or by our preferred couriers. Please refer to the re-delivery service offered by Parcel Force on their website for the event that you are not in or delivery is not completed for some other reason. If the goods are being delivered by our courier partner, then you will be contacted to arrange a date and a time. If We are unable to deliver the Goods on the agreed delivery date and time (if, for example, no one is available at your address to receive the Goods) our courier partners will hold the product and attempt re-delivery. Please note that the re-delivery will incur a new delivery charge, and you will be required to pay this before the re-delivery takes place.
7.3 In the unlikely event that We fail to deliver the Goods within 60 calendar days of Our dispatch confirmation (unless otherwise agreed as under Clause 11), if any of the following apply you may cancel your Order immediately:
7.3.1 We have refused to deliver your Goods; or
7.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
7.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
7.4 If you do not wish to cancel under Clause 11 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then cancel your Order.
7.5 Once your order has entered our workshop to be made you will not be permitted to cancel your order. Unless;
7.5.1 You pay a cancellation/restock fee that covers the materials used to date during the manufactor of ordered product.
7.5.2 Agreed by us in writing that we accept the order cancellation.
7.6 Delivery shall be deemed complete once We have delivered the Goods to the address provided in your Order.
7.7 The risk in the Goods shall remain with Us until they come into your physical possession.
7.8 Ownership of the Goods passes to you once we have received payment in full and you have taken delivery of the ordered products.
8. Faulty, Damaged or Incorrect Goods
8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error so that we can work with you to resolve.
8.2 All products are tailor-made to order and because of this once the order has been put into production and you have been notified of this, you do not have the right to cancel or return your order.
8.3 Should for any reason you wish to return a product, this must be agreed by us in writing prior to returning.
8.4 Returned products will be subject to a 20% restocking fee.
8.5 Refunds (whether full or partial, including reductions in price) under this will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
8.6 Any and all refunds issued will not include any delivery costs paid by you when the Goods were originally purchased.
8.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9.1 As the manufacturer of the Goods We guarantee that for a period of 12 months from the date of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed in sub-Clause 9.2.
9.2 Our guarantee does not apply to any defects in the Goods caused by:
9.2.1 Normal wear and tear;
9.2.2 Deliberate damage and/or misuse of the Goods;
9.2.3 Accidental damage;
9.2.4 Failure to use the Goods in accordance with their instructions (where applicable); or
9.2.5 The alteration or repair of the Goods by you or any third party that is not authorised by Us. Or incorrect assembly of the product by you.
9.3 Our guarantee exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
10. Our Liability to Consumers
10.1 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.2 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.3 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.2 If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
11.2.1 We will inform you as soon as is reasonably possible;
11.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
11.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
12. Communication and Contact Details
12.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone on 0207 723 2303 and by email at email@example.com or by post at Quay House, Quay Road, Newton Abbot, Devon, TQ12 2BU.
12.2 For matters relating the Goods or your Order, please contact Us by telephone at 0207 723 2303, by email at firstname.lastname@example.org, or by post at Quay House, Quay Road, Newton Abbot, Devon, TQ12 2BU.
12.3 For matters relating to cancellations, please contact Us by telephone at 0207 723 2303, by email at email@example.com, by post at Quay House, Quay Road, Newton Abbot, Devon, TQ12 2BU, or refer to the relevant Clauses above.
13. Complaints and Feedback
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
13.2.1 By telephone at 0207 723 2303, by email at firstname.lastname@example.org, by post to Quay House, Quay Road, Newton Abbot, Devon, TQ12 2BU.
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2 We may use your personal information to:
14.2.1 Provide Our Goods and services to you;
14.2.2 Process your Order (including payment) for the Goods; and
14.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
14.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
14.4 We do employ third party systems such as email marketing tools and share some limited information such as name, email address. Will do not pass on your personal information to any third parties that will expressly use your details.
14.5 We do not store or retain any of your payment information such as; credit card numbers, as payment processing is handled by card processing agencies.
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
15.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
15.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.4 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15.5 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
16.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.