Terms and conditions
These terms and conditions form the basis on which you can
visit us and our website. Please read them carefully as they contain important
information.
GENERAL TERMS AND CONDITIONS
This site is owned and operated by One Eyed Cat Ltd, 60
Beaufort St, Brynmawr, Gwent, NP23 4AE. If you have any queries about these
terms and conditions or if you have any comments or complaints on or about our
website, you can contact us at info@one-eyed-cat.co.uk or 01495 315200.
1 The
contract between us
We must receive payment of the whole of the price for the
goods that you order before your order can be accepted. Once payment has been
received by us we will confirm that your order has been accepted by sending an
email to you at the email address you provide in your order form. Our acceptance of your order brings into
existence a legally binding contract between us.
2 Ownership
of rights
All rights, including copyright, in this website are owned
by or licensed to One Eyed Cat Ltd. Any use of this website or its contents, including copying or storing it or them
in whole or part, other than for your own personal, non commercial use, is
prohibited without our permission. You may not modify, distribute or repost
anything on this website for any purpose.
3 Accuracy
of content
We have taken care in the preparation of the content of this
website, in particular to ensure that prices quoted are correct at the time of
publishing and that all goods have been fairly described. However, orders will
only be accepted if there are no material errors in the description of the
goods or their prices as advertised on this website. Any weights, dimensions
and capacities given about the goods are approximate only.
4 Damage
to your computer
We try to ensure that this website is free from viruses or
defects. However, we cannot guarantee that your use of this website or any
websites accessible through it will not cause damage to your computer. It is
your responsibility to ensure that the right equipment is available to use the
website. Except in the case of negligence on our part, we will not be liable to
any person for any loss or damage which may arise to computer equipment as a
result of using this website.
5 Availability
All orders are subject to acceptance and availability. If
the Goods you have ordered are not available from stock, we will contact you by
e-mail or phone (if you have given us details). You will have the option either
to wait until the item is available from stock or to cancel your order.
6 Ordering
errors
You are able to correct errors on your order up to the point
on which you click on “submit” during the ordering process.
7 Price
The prices payable for goods that you order are as set out
in our website. All prices are inclusive of VAT at the current rates and are
correct at the time of entering information.
Wherever it is not possible to accept your order to buy
goods of the specification and description at the price indicated, we will
advise you by email, offer to sell you the goods of the specification and
description at the price stated in the email and will state the period for
which the offer or the price remains valid.
8 Payment
terms
We will charge your credit account for payment upon receipt
of your order unless delivery cannot be fulfilled within 30 days. We accept no
liability if a delivery is delayed because you did not give us the correct
payment details. If it is not possible to obtain full payment for the goods
from your account then we can cancel the contract and or suspend any further
deliveries to you. This does not affect any other rights we may have.
9 Delivery
charges
Delivery charges vary according to the type of goods ordered
and cannot be refunded.
10 Delivery
10.1 Our
delivery charges are set out in our ‘Shipping & Returns’ page in our
website.
10.2 We will
deliver the goods to the address you specify for delivery in your order. It is
important that this address is accurate. Please be precise about where you
would like the goods left if you are out when we deliver. We cannot accept any
liability for any loss or damage to the goods once they have been delivered in
accordance with your delivery instructions (unless this is caused by our
negligence). We will aim to deliver the goods by the date quoted for delivery
but delivery times are not guaranteed. If delivery is delayed due to any cause
beyond our reasonable control, the delivery date will be extended by a
reasonable period and we will contact you to arrange an alternative time.
10.3 You will
become the owner of the goods you have ordered when they have been delivered to
you. Once goods have been delivered to you they will be held at your own risk
and we will not be liable for their loss or destruction.
11 Risk and
ownership
Risk of damage to or loss of the goods passes to you at the
time of delivery to you, or if you fail to take delivery at the agreed time,
the time when we tried to deliver. You will only own the goods once they have
been successfully delivered and when we have received cleared payment in full.
12 Acknowledgement
and acceptance of your order
You will need to provide us with your e-mail address and we
will notify you by e-mail as soon as possible to confirm receipt of your order.
An acceptance of your order will take place on despatch of the good(s) ordered.
13 Cancellation
rights
13.1 Under the
Distance Selling Regulations you have the legal right to cancel your order
within seven days of receipt of your goods (with the exception of any made to
order items). You do not need to give us any reason for canceling your contract
nor will you have to pay any penalty. However, you will need to notify us if
you wish to cancel your contract.
13.2 If you have
received the goods before you cancel your contract then you must send the goods
back to our contact address at your own cost and risk. If you cancel your
contract but we have already processed the goods for delivery you must not
unpack the goods when they are received by you and you must send the goods back
to us at our contact address at your own cost and risk as soon as possible.
13.3 Once you have
notified us that you are cancelling your contract, any sum debited to us from
your credit card will be re-credited to your account as soon as possible and in
any event within 30 days of your order PROVIDED THAT the goods in question are
returned by you and received by us in the condition they were in when delivered
to you. If you do not return the goods delivered to you or do not pay the costs
of delivery, we will be entitled to deduct the direct costs of recovering the
goods from the amount to be re-credited to you.
13.4 You will be
re-credited for the costs incurred in returning faulty or unsatisfactory goods.
14 Cancellation
by us
14.1 We reserve
the right to cancel the contract between us if:
14.1.1 we have
insufficient stock to deliver the goods you have ordered;
14.1.2 we do not
deliver to your area; or
14.1.3 one or more
of the goods you ordered was listed at an incorrect price due to a
typographical error or an error in the pricing information received by us from
our suppliers.
14.2 If we do cancel
your contract we will notify you by e-mail and will re-credit to your account
any sum deducted by us from your credit card as soon as possible but in any
event within 30 days of your order.
15 Liability
15.1 If you do
not receive goods ordered by you within 30 days of the date on which you
ordered them, we will have no liability to you unless you notify us in writing
at our contact address of the problem within 60 days of the date on which you
ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only
obligation will be, at your option:
15.1.1 to make good
any shortage or non-delivery;
15.1.2 to replace or
repair any goods that are damaged or defective; or
15.1.3 to refund to
you the amount paid by you for the goods in question in whatever way we choose.
15.2 Both
parties shall only be liable under this contract for losses, which are a
reasonably foreseeable consequence of the relevant breach of contract
15 You must
observe and comply with all applicable regulations and legislation, including
obtaining all necessary customs, import or other permits to purchase goods from
our site. The importation or exportation
of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no
liability in respect of the export or import of the goods you purchase.
15.4 Notwithstanding
the foregoing, nothing in these terms and conditions is intended to limit any
rights you might have as a consumer under applicable local law or other
statutory rights that may not be excluded nor in any way to exclude or limit
our liability to you for any death or personal injury resulting from our
negligence.
16 Notices
Unless otherwise expressly stated in these terms and
conditions, all notices from you to us must be in writing and sent to our
contact address at 60 Beaufort St, Brynmawr, Gwent, NP23 4AE and all notices
from us to you will be displayed on our website from to time.
17 Changes to
legal notices
We reserve the right to change these terms and conditions
from time to time and you should look through them as often as possible.
18 Law,
jurisdiction and language
This website, any content contained therein and any contract
brought into being as a result of usage of this website are governed by and
construed in accordance with English law. Parties to any such contract agree to
submit to the exclusive jurisdiction of the courts of England and Wales. All
contracts are concluded in English.
19 Invalidity
If any part of these terms and conditions is unenforceable
(including any provision in which we exclude our liability to you) the
enforceability of any other part of these conditions will not be affected.
20 Privacy
You acknowledge and agree to be bound by the terms of our
privacy policy.
21 Third
party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
