Terms of Sale
1. About These Terms
These are the terms and conditions of sale (the “Terms of Sale”) which apply to your purchase of goods from Bitter Beck Pottery Online Shop, whether you buy through our website at www.bitterbeck.co.uk, over the phone or otherwise.
Bitter Beck Online Shop and the goods supplied through it are provided by Joan Hardie, trading as Bitter Beck Pottery, (referred to here as “we”, “us” and “our”). When we refer to “you” and “your” we mean the user of Bitter Beck Pottery Online Shop and purchaser of goods.
As well as these Terms of Sale, other important legal terms are set out in our Returns Policy. By agreeing to these Terms of Sale you also agree to the Returns Policy, which form part of a legally binding contract between you and us. You should read these Terms of Sale and the Returns Policy carefully before buying anything from Bitter Beck Pottery Online Shop.
We reserve the right to change the Terms of Sale and the Returns Policy at any time. Any changes to the Terms of Sale or the Returns Policy will be effective for all new orders placed after the change is published on the Bitter Beck Pottery website. You should check the Terms of Sale and Returns Policy before each order as they may have changed since your last visit.
If you have any questions about the Terms of Sale, the Returns Policy, the goods or the Bitter Beck Pottery Online Shop please contact us.
2. Information About Bitter Beck Pottery Online Shop And The Goods
Information provided on the Bitter Beck Pottery Online Shop website
2.1 We try to make sure that all information on the Bitter Beck Pottery Online Shop website, including descriptions of our goods and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Bitter Beck Pottery Online Shop website as soon as reasonably possible and if we think that such an error has affected your order we will try to let you know.
2.2 You should bear in mind that buying goods over the Internet provides a different shopping experience from buying in the Pottery. In particular you should be aware that:
- the colours of pieces as shown on the website will depend on many factors – including your display settings;
- the sizes and shapes of the pieces may differ in real life from how they appear on your screen. We provide the largest dimension and approximate weight in the descriptions of the pieces and it is your responsibility to check that the size is suitable for your purpose;
- pictures and images on the website are for illustration purposes only. You also need to read the corresponding written description of each piece;
- all pieces are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time, and our only liability to you for withdrawing any goods will be to refund to you any money paid to us in respect of those goods which we are no longer able to supply;
- we will do our best to deliver your goods in accordance with the delivery date set out in our delivery advice email, but please note that all delivery dates given by Bitter Beck Pottery Online Shop (whether on the website, over the phone or by email) are estimates only and delivery dates may vary. Please see section 7 for more information about delivery;
2.3 We will do our best to check the website for viruses but we do not warrant that the website is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the Internet.
Availability
2.4 We have the right at any time to modify or stop providing Bitter Beck Pottery Online Shop and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of Bitter Beck Pottery Online Shop.
Security
2.5 It is your responsibility to ensure that your login details, password and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.
Eligibility to order goods
2.6 You may only purchase from Bitter Beck Pottery Online Shop if you are aged 18 years or over, and are a resident of the United Kingdom. You will need an active email address and a telephone number at which you can be contacted.
3. Placing Your Order
3.1 Please see the Online Shop help page for information about the steps involved in placing an order. Your order constitutes an offer to purchase goods from us. Where you order more than one item your order comprises a series of offers for each individual item.
3.2 Our Order Acknowledgement webpage and email set out the final details of your order that you have submitted to Bitter Beck Pottery Online Shop. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Acknowledgement email.
3.3 The Order Acknowledgement contains details of the goods you have ordered, the total cost of the order including delivery, and an order number. You should print off a copy of the Order Acknowledgment email. You will need to refer to these details when contacting us about your order.
3.4 Please note that the Order Acknowledgement is simply an acknowledgement that your order has been received by Bitter Beck Pottery Online Shop; it does not indicate that we have accepted your order and does not form a binding contract.
4. Order Acceptance
4.1 Except as set out in paragraph 4.2 below, acceptance of your order will take place only when we dispatch the goods to you. Until we dispatch your goods no contract will have been formed between you and us.
4.2 Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
5. Payment
5.1 You can pay for your goods online or by cheque as specified in the Online Shop help page. Payment by other methods is subject to our agreement.
5.2 If you choose to pay by card or through your PayPal account, we will take payment at the time you place your order.
5.3 If you choose to pay by cheque and select this payment method when placing your order, you should make out your cheque to Bitter Beck Pottery and post it to Bitter Beck Pottery, 11 Market Place, Cockermouth, Cumbria CA13 9NH as soon as possible after placing your order. Payment has not been made until the cheque has been cleared.
5.4 If you choose to pay by another method and select this option when placing your order, you should contact us by phone on 07803 174120 within 48 hours of placing your order to agree and arrange payment. Please note that payments by telephone or in person can only be made during the normal Pottery opening hours.
5.5 The prices shown at Bitter Beck Pottery Online Shop do not include the delivery fee, which will be added to your total order price in accordance with paragraph 5.8 below.
5.6 Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by Bitter Beck Pottery Online Shop at the time you place your order.
5.7 Taking payment does not mean we have accepted your order and, in the event of us not accepting your order, a full refund will be given as soon as reasonably possible (and in any event within 30 days of us advising you that your order has not been accepted).
5.8 In most cases the delivery fee payable by you for your order will be that given by Bitter Beck Pottery Online Shop at the time you place your order. The delivery fee is calculated according to the weight and size of your goods. However, you agree that we may increase the delivery fee if your order requires multiple deliveries, or if the value of your order or quantity or size of the goods to be delivered is such that we reasonably consider that it is appropriate for us to recover (or partially recover) our additional expenses in delivering the goods to you. We will always notify you in advance of any change to the delivery fee, and if you do not wish to continue with your order and pay the amended delivery fee you may cancel your order and receive a full refund.
6. Pricing Errors
6.1. Whilst we try to ensure that all the prices on Bitter Beck Pottery Online Shop are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.
6.2. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.
6.3. If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
7. Delivery
7.1 A Delivery Advice email will be sent to you when your order is dispatched. This will include an estimated delivery date for your goods.
7.2 Delivery will take place at the delivery address specified by you during the order process, and will be subject to the following conditions:
7.2.1 the delivery address specified for delivery must be within mainland United Kingdom;
7.2.2 although we allow you to specify a different delivery address from your billing address, you are solely responsible for ensuring that we are able to make delivery to this address and that you are available to accept delivery at this address on the delivery date;
7.2.3 if your order is returned to us as undelivered, you agree to pay our reasonable additional fees for redelivery. We will inform you of the cost of these fees as soon as reasonably practicable, and you will have the option of reconfirming your order including the additional fees, or cancelling your order. If you cancel your order we will refund the purchase price of the goods, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery.
7.2.4 once the goods have been delivered to you, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction; and
7.2.5 if you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be an adult capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own.
7.3 Nothing in paragraphs 7.2 above affects your rights as a consumer.
8. General Terms Relating To Our Relationship With You
About Bitter Beck Pottery
8.1. Bitter Beck Pottery is the registered trading name of Joan Hardie of 5 Castlegate Drive, Cockermouth, Cumbria CA13 9HD.
8.2. If you would like more information about Bitter Beck Pottery or want to get in touch with us please call 07803 174120.
Our Liability
8.3. Our entire liability to you under these Terms of Sale and Returns Policy shall not exceed the price paid for the goods you have purchased through Bitter Beck Pottery Online Shop.
8.4. We will not be liable to you for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.
8.5. Despite the limitations in paragraphs 8.3 and 8.4 above, we do not in any way limit our liability to you for death, personal injury or fraud.
8.6 Where you buy as a consumer, these Terms of Sale and the Returns Policy will not affect your rights under law, which cannot be otherwise excluded. For more information contact your local Citizens Advice Bureau.
Events Beyond Our Reasonable Control
8.7 We will not be responsible for any delay or failure to comply with these Terms of Sale or the Returns Policy if the delay or failure arises from any event that is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
Waiver
8.8 If you breach these Terms of Sale or the Returns Policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Sale or Returns Policy.
Invalidity
8.9 In the event that one or more of the terms set out in these Terms of Sale or in the Returns Policy is held to be invalid by a competent authority, the remaining terms shall continue to have effect and you will still be bound by them.
Privacy
8.10 Personal information, such as your contact details, that you provide to us during the order process will be kept and used by us in accordance with our Privacy Policy.
Governing Law
8.11 This agreement is governed by English law unless you live in Scotland in which case it will be governed by Scots law. Each of us agrees to bring legal actions relating to these Terms of Sale and the Returns Policy only in a UK court.