These General Terms and Conditions of Sale govern the sale of goods by us, Croft & Cole Ltd, to you, the customer, by telephone, email, and via our website at croftandcole.com, or other means to our Customer Services teams, and will form the basis of any contract of sale between us. Please read them carefully before placing your order and print a copy for future reference as you will be deemed to be bound by them. Copies of these terms and conditions are available on request.
Your orders are an offer to purchase goods from us, we will confirm receipt of your order by sending you an email summarising the details of your order ('Order Confirmation Email') or otherwise confirming your order back to you; this is the point at which we accept your order and the contract is formed (subject to these General Terms & Conditions). The contract is completed when the goods are delivered (also subject to these General Terms & Conditions).
All orders for goods made by you on the website or by telephone to a Customer Services representative are subject to these Terms and Conditions.
We make no guarantees that once placed and paid for, an order can be amended. If you wish to amend an order you must notify us by phone as soon as possible and provided the order has not already been submitted to our Distribution Centre we will try to amend it.
All payments for goods must be made when the order is placed. We will not reserve or despatch goods before payment is received. Ownership of the goods will pass to you once we have received payment in full. We cannot accept cheques or cash as payments online. Please note we cannot guarantee the security of data when communicating with Croft & Cole via email. Accordingly, please do not send us payment information using email.
Our website uses high-level SSL encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that we take the privacy and security of your payment and personal details very seriously. You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www.croftandcole.com in your browser address window. A small locked padlock will also appear in the address bar of your browser window.
We do not store credit card details nor do we share financial details with any 3rd parties.
Products are invoiced in GBP sterling at the price at the time of your order. Prices displayed in brochures and on the website include Value Added Tax which will be applied at the current rate where applicable. Products might be subject to variation. If there is an error we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you, your order for the incorrectly priced item will be cancelled, and we are not obliged to honour such orders. The delivery charge is an additional cost unless stated otherwise. Please refer to our Delivery Information for full details.
PRODUCT DESCRIPTION AND SPECIFICATION
We have made every effort to ensure that the goods displayed on this website and in our brochures conform to the descriptions and photographs. The colours, specifications, dimensions and descriptions of items on the website and brochures are quoted as accurately as possible. The colours you see will depend on the resolution of your monitor and we cannot therefore guarantee that your monitor's display of any colour will always reflect accurately the colour of the item delivered.
When you place an order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details) to process your transaction and to send marketing information about similar goods and services.
We may use information we hold about you for the purposes of responding to your enquiries, fulfilling your order and delivering goods to you, sending marketing communications (in the circumstances set out below), or preventing and detecting fraud. We may also transfer your data to third parties for the purposes of delivering any goods you have ordered to you, fulfilling orders, analysing and profiling data, processing payments and providing customer service. Where you have purchased or enquired about our goods or services, we may provide you with information about similar goods, services or promotional offers. If you do not wish to receive such information please inform us at the time that you provide us with your personal data and contact details. You will also be given the option to opt-out of future communications in each electronic communication. Where you have not previously enquired about, or purchased our products or services, we will not send you information about them unless you have consented to receiving it.
We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use this brochure or our website only with the involvement of a parent or guardian. By placing an order with us it is confirmation that you are of legal age.
CONTENT & INTELLECTUAL PROPERTY RIGHTS
croftandcole.com, its products and content is protected by national intellectual property. You are only allowed to use content found on this website as expressly agreed by Croft & Cole Ltd. Any reproduction or redistribution of our intellectual property rights may result in civil and criminal penalties. You also agree that you are not a partner, agent or reseller of Croft & Cole Ltd or our products and we are not liable for any such representation, act or omission on your part.
In addition to these intellectual property rights, the content, defined as: graphics, photographs, image rights, sounds, music, audio or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free. Nor can we promise that the functions within the site i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful viruses; we always recommend that you should have an up-to-date and complete virus-checking software to protect yourself.
You also agree that no joint venture, partnership, employment or agency relationship exists between yourself and Croft & Cole Ltd. You will not express yourself as an employee, agent or representative of Croft & Cole Ltd and we are not liable for any representation, act or omission on your part.
CHRISTMAS TREES & WREATHS
Christmas trees and wreaths will be delivered using appropriate packaging which will keep the items in good condition up to the delivery time. Christmas trees and wreaths are perishable and have a short life span once fell. Therefore, Christmas trees are excluded from your statutory right to return purchases within the fourteen working day 'cooling-off' period.
CANCELLATIONS PRIOR OR AFTER DESPATCH
Once placed, it may not be possible to prevent an order from despatch. Similarly, once despatched we are unable to stop delivery or cancel the order. If you wish to cancel your order, please contact our Customer Services on +44 (0)1296 324 211 or via our live chat service. In the event that orders cannot be stopped or cancelled, you may return the items to us per your 'Right to Cancel and Return Purchases' below.
RIGHT TO CANCEL AND RETURN PURCHASES
You have the right to cancel your order without cause within a 'cooling off' period of 14 days from the day after you receive the goods. This right applies to all items except:
• Perishable goods, this includes all Christmas trees & wreaths.
• Personalised or bespoke items
If you wish to cancel and return your purchase, contact Customer Services on +44 (0)1296 324 211 or via our live chat service with the order number quoted on the delivery note. You will be given instructions about where to return the goods which must be made without undue delay and in any case within 14 days of notifying us. Alternatively, the goods can be returned to our warehouse: Wharf House Yard, Stratford Road, Buckingham, Buckinghamshire MK18 1TD. When the goods have been received and checked, a refund for the goods and the standard delivery charge (premium charges are not refundable) will be issued as soon as possible, this may mean that you will be contacted for repayment details. Please note that the cost of returning the goods is your responsibility.
Your statutory rights regarding damaged, defective or incorrect goods are not affected by this.
ITEMS DAMAGED IN TRANSIT, DEFECTICVE & INCORRECT
If you take delivery of a package from us and the goods being delivered to you have been damaged in transit, or are: defective, not as described, not of satisfactory quality, not fit for purpose, or are not per a sample (i.e. "Faulty"), we will at your option either exchange or repair these items without charge to you, or (with the exception of the perishable and other goods above) provide you with a full refund, for a period of 30 days from the date of sale. We will check the items on their return, and we may request photos of the damage and packaging in order to enable us to investigate the matter with our courier and packing facility.
Beyond 30 days, you may assume that a fault in the item that is discovered in the first six months was a fault at the time of delivery (save where the product is perishable, or where the fault has been caused by you or by the use of the product) and if we are not first able to repair or replace the goods, then we will provide you with a full refund in most cases. In such circumstances, please either: email customer services on firstname.lastname@example.org or call Customer Services +44 (0)1296 324 211 with the details and you will be provided with instructions. It is your responsibility to ensure that the items are adequately wrapped. The goods can also be returned to our store at: Wharf House Yard, Stratford Road, Buckingham, Buckinghamshire MK18 1TD. All goods should be returned unopened together with an undamaged proof of purchase.
DELIVERY TO UNITED KINGDOM ADDRESSES
For full information of our delivery services and charges, please consult the delivery section of our website. If you order a number of items for delivery to the same address, they may be despatched separately, and we cannot guarantee delivery on the same day although we make every effort to achieve this. If the items are not delivered within the time period we specify in the Confirmation Email, please contact our Customer Services team quoting the order reference contained in your Order Confirmation Email.
Due to the perishable nature of Christmas trees and wreaths we operate a single attempt delivery, whereby all packages will be delivered to a neighbour or left in a safe place (as specified at checkout or) selected by our courier. In the event of goods being left in a safe place, photographic evidence will be taken and the ownership and security of the goods will be considered transferred to the customer. A photograph of the package(s) or a copy of the proof of delivery will be available upon request.
Delivery times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK (excluding the Highlands) and subject to any delays resulting from postal delays or force majeure (e.g. weather) for which we will not be responsible.
LIMITATION OF LIABILITY
Save to the extent that we are responsible for foreseeable loss and damage caused by us, to the maximum extent permitted by law, Croft & Cole Ltd accepts no liability and shall not be responsible for any loss or damage, whether foreseeable or otherwise, including direct, indirect, consequential, special or exemplary damages however they may arise.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be responsible to you for any delay or failure to comply with our obligations under these General Terms & Conditions if the delay or failure arises from any cause beyond our reasonable control.
ALTERATIONS TO THIS WEBSITE AND GENERAL TERMS AND CONDITIONS
If you breach these General Terms & Conditions of Sale and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
GOVERNING LAW AND JURISDICTION
These General Terms & Conditions are governed by and construed in accordance with the laws of England and are under the non-exclusive jurisdiction of the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
For order, product or service enquiries, including any complaints, please contact our Customer Services Department:
• Telephone: November 1st – January 11th from 9.00 to 21:00 (GMT), excludes bank holidays via +44 (0)1296 324 211 (national call rates may apply);
• Live Chat: November 1st – January 11th from 9.00 to 21:00 (GMT), excludes bank holidays via our website service.
• Email: email@example.com
For returns authorised by Customer Services if they are damaged, faulty or incorrect they should be returned to the following address with a note setting out the order number (as shown on the Order Confirmation) and the reason for the return: Croft & Cole Wharf House Yard, Stratford Road, Buckingham, Buckinghamshire MK18 1TD. The return of items may therefore be at the sender's own expense.
PROMOTIONS AND PROMOTIONAL CODES
If you have a published Croft & Cole promotion code, please note that offers cannot be used in conjunction with any other offers and offers apply to one per household. Thank you for taking the time to study these terms and conditions. Should you have any further enquiries please contact Customer Services.