Terms and conditions
By using our Site, you confirm that you accept these terms and conditions of use and sale (the "Website Terms") and that you agree to comply with them. If you do not agree to these Website Terms, you must not use our Site.
We may update these Website Terms from time to time, for example to comply with changes in the law or to take account of new ordering processes, goods or services that we may offer. You should therefore review these terms regularly to make sure you are happy with any changes that we may make.
1. Terms and Conditions of Use of our Website
The terms and conditions set out in this section cover your use of the Site and the features and services in it. Orders for products that you place through the Site are made in accordance with our Terms and Conditions of Sale set out in section 2 of these Website Terms.
1.1 Contact Details
- The Site is operated by smithanddownes. Registered Office: Spring View Cottage, High Catton, York, YO41 1EF, United Kingdom ("smithanddownes", "we", "our", etc.). Our main trading address is Spring View Cottage, High Catton, York, YO41 1EF, United Kingdom.
- If you have any questions about these Website Terms or any other customer service enquiries, then please contact us by email at email@example.com.
1.2 Changes to our Site
- We may update our Site from time to time, and may change the content at any time. Please note that content on our Site may not always be up to date, and we are not obliged to update it.
- We try not to post inaccurate information on our Site, but we cannot guarantee that our Site, or its content on it, will be free from errors or omissions.
1.3 Accessing the Site
Access to the Site and any content made available on it (together referred to as the "Content") is permitted on a temporary basis. We reserve the right to withdraw, amend or restrict access to all or any part of the Site and its Content without notice at any time for any reason.
1.4 Use of the Site
- You shall ensure that all persons who access the Site or any Content through your internet connection are aware of these Website Terms, and that they comply with them.
- You shall use the Site and Content only for lawful, non-commercial purposes and in accordance with the Website Terms.
- You shall not access or use the Site or Content, or attempt to do so:
- in any way that is fraudulent, or breaches any applicable local, national or international law or regulation.
- attempt any unauthorised access to any part of the Site.
- in any way which may harm, cause offence to, or otherwise infringe any rights of any person in any way.
- to transmit any unsolicited or unauthorised advertising, promotional or other materials of any nature (spam). Nor will you collect any information from the Site or Content which can be used to identify any individual personally.
- to interfere with, damage or disrupt the Site, any other website, or any computer equipment, network, systems or software. Interference, damage and disruption shall include, without limitation:
- knowingly transmitting any data, or sending or uploading any material that contains viruses or technologically harmful material; or
- denial of service attacks or distributed denial of service attacks; or
- accessing any website (or part of any site), computer equipment, network, systems or software that you are not authorised to access.
- We may report suspected breaches of these Website Terms to relevant law enforcement authorities and will co-operate with those authorities which may include disclosing your identity to them. Your right to use the Site will cease immediately if you fail to comply with these Website Terms. We have the right to disable your account or ability to log into the Site at any time we reasonably consider that you have failed to comply with these Website Terms.
1.5 User Accounts
- If you create an account to use the Site then you must not allow anyone other than yourself to log into the Site using your details, or to use your account. You must treat all user names, passwords and other pieces of information used as part of our login security procedures (or those of the relevant social media website) as confidential, and you must not disclose any of them to any third party. You must also tell us as soon as you become aware that anyone may have obtained unauthorised access to your login details or to your account. We shall not be liable for any loss that you incur as a result of someone else using your login details, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or login details.
- You shall ensure that any information you provide to us in relation to the creation or use of your account on this Site is complete, accurate and up to date at all times.
- The Site may contain links to websites owned or operated by third parties. Your use of those websites is governed by the terms and conditions of the third parties that own or operate these websites.
- You may link to the Site, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval or endorsement on our part where none exists.
- Unless we otherwise agree, you must not:
- establish a link from any website unless you are the owner of that website, or have the owner's permission to do so; or
- frame the Site on any other website; nor may you create a link to any part of the Site other than the home page.
- We reserve the right to withdraw linking permission, or any functionality of the Site which permits linking or references to it from social media websites, without notice and without liability.
As the Internet is an open system and software cannot be exhaustively tested, we cannot guarantee that our Site will be completely secure or free from bugs or viruses. You should therefore ensure that you use appropriate virus protection and firewall software and ensure that you keep it up to date at all times when accessing the Site.
1.8 Disclaimer and Liability
- Nothing in this section shall affect any liability that we would otherwise have for (i) death or personal injury arising from our negligence, (ii) fraud, or (iii) any other liability which cannot be excluded or limited under applicable law, nor does it apply to any product purchased by you under section 2.
- Without prejudice to your rights under applicable law, the Site and all Content are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, condition, warranty, endorsement, guarantee or other commitment.
- In particular, we do not give any representation, condition, warranty, endorsement, guarantee or other commitment that the Site or any Content are accurate, complete or up to date. Nor do we guarantee that their use or availability will be uninterrupted or error-free, or that they or any of the Site's servers or those of any relevant social media website are free of computer viruses or other technologically harmful material.
- You agree that it is your responsibility to make all arrangements necessary for you to have access to the Site, any social media websites with which this Site interacts and the Content, and to implement and maintain sufficient security measures (including but not limited to anti-virus software and appropriate firewalls).
- We have no control over the contents of any third party sites or resources which are linked to by the Site, or the functionality or content made available by any social media websites with which the Site interacts. We do not endorse them or any goods or services provided from them. You agree that you visit third party sites and use the relevant social media functionality entirely at your own risk and that we have no responsibility or liability for or in connection with your use of, your reliance on, or the unavailability of any of them.
- In no event will smithanddownes be liable to you (whether for breach of contract, for negligence or in any other way) for any:
- distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material arising out of or in connection with your use of the site, your downloading of any content, or the use of any functionality allowing interaction with social media websites which is provided on the site; or
- business losses, including but not limited to loss of profit, loss of revenue, or loss of business opportunities or contracts, arising out of or in connection with your use of, your reliance on, or the unavailability of the site or any content.
1.9 Copyright, Trademarks, Patents and Other Rights
- We or the third parties that provide and host this Site and its Content for us are the owners or the licensees of all rights (including but not limited to patents, registered designs, design rights, copyright, database rights, trademarks, service marks, rights and goodwill in trade or business names, and rights in inventions, know-how and trade secrets) in the Site, and in all of the Content.
- You may print off copies and download a reasonable amount of extracts, of any page(s) from the Site or any Content, as reasonably required for your personal, non-commercial use.
- You shall not modify any hard paper or digital copies of any part of the Site or any Content that you have printed off or downloaded in any way, and you shall not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
- You shall ensure that the status of us, our licensors and of any identified contributors, as the authors of the Site or any Content, is always acknowledged.
- You shall not download, reproduce, duplicate, copy or distribute any part of the Site or any Content other than as expressly permitted by these Website Terms without the prior written consent of us and our third party licensors.
- All names, images and logos identifying smithanddownes are proprietary marks of smithanddownes .All third party brand, product, service and company names contained on this Site are the trademarks, service marks and trade names of their respective holders. smithanddownes does not give permission for their use by any person other than the relevant rights holders.
- Except as expressly set out in these Website Terms, nothing contained in these Website Terms gives any licence or right to use any of our, or our licensors' intellectual property rights. Use of any such intellectual property rights which is not permitted by the Website Terms may constitute an infringement of our intellectual property rights or those of our licensors.
2. Terms and Conditions of Sale
By placing an order on the Site, you agree to be bound by these Terms and Conditions of Sale and you also agree that they will form the basis of the contract for any purchases you make from the Site. If you do not wish to accept these Terms and Conditions of Sale or if you are unsure about the meaning of any part of them, then please do not place any orders on the Site.
2.1 Our products and product descriptions
- The images and descriptions of the products on our site are for illustrative purposes only, and do not constitute a warranty that the products will conform to those images or descriptions. Although we seek to display the colours as accurately as we can, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
- All sizes, weights, capacities, dimensions and measurements indicated on our site may contain errors.
- The packaging of the products may vary from that shown on images on our site.
- If you have any doubts about colour, size or any other specification of the products you wish to order, we recommend you contact our customer services department, using the details given above in the Contact Details section prior to placing an order on the Site.
2.2 How to order
- If you wish to order something from the Site, you can do so by selecting the quantity you wish to purchase and then adding it to your basket.
- On the "your basket" page, you then choose your delivery options. You then go to the checkout page (either using the guest checkout or by logging into the Site), where you enter your delivery, billing address and payment details.
- Once you have completed your order, you will be asked to review it and confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, please contact our customer services department, using the details given above in the Contact Details section.
- To place your order, you will be directed to a secure website operated by our payment provider where you enter your payment information. You may also have to go through a transaction confirmation process with the issuer of the card that you are using to pay us. Once you have entered your payment information and your payment has been confirmed, you will then be directed to a final confirmation screen on the Site displaying the details of your order.
2.3 How contracts are formed between you and us
- Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- When you submit your order, you are offering to buy the products you order at the price set out in the order, subject to these Terms and Conditions of Sale. You do not make this offer until you press "Pay Now" on the payment page.
- We will acknowledge receipt of your order by email. The order acknowledgement is not an acceptance by us of your order.
- No contract for the supply of the products that you have ordered is formed at that point and we do not have to accept your order. In particular, we may not accept your order if:
- we do not have the products in stock/the products in stock appear to be damaged;
- your payment is not authorised; or
- there is an error on our Site regarding the price or other details of the products.
- The contract between us for the supply of the products you have ordered is not formed until we despatch the products to you.
- If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
We do our best to ensure that all products shown on the Site are available to order. If any products that you have ordered are out of stock or no longer available, we will attempt to contact you to arrange a refund or alternative later time for delivery. In addition, if the products are no longer available, we may offer you substituted products of a similar nature and quality.
- The prices on the Site apply only to products ordered through the Site. The prices on the Site are checked regularly to seek to make sure that they are correct but, inevitably, sometimes errors do occur.
- If a product has been incorrectly priced, we will inform you of the error and will give you the option to either proceed with your order at the correct price or cancel your order.
- If you confirm that you do wish to proceed, then for the purposes of these Terms and Conditions of Sale, this will be treated as you having submitted another order.
- The prices indicated on the Site include all taxes and duties payable for local shipping within Delivery Destinations. There may be additional taxes and duties shown at the checkout page for international shipping.
- Additional delivery charges may also apply in addition to the price for your ordered goods – see our Shipping and Returns Policy, which is incorporated into and forms part of these Terms and Conditions of Sale by reference.
- All payments must be made at the time of placing the order using the payment facilities on the Site.
- No payment will be treated as made until we have received it in cleared funds, and we will not despatch the goods until we receive payment in full.
- If we are unable to accept your order for any reason, then we will refund any money paid by you in respect of that order. If we have not yet taken payment from your debit/credit card, then we will not do so.
2.7 Ownership of Goods
You own the goods once we have received payment in full for them and they have been delivered to you.
For delivery details, please see our Shipping and Delivery Policy.
2.9 Our liability to you
- For further information about your legal rights and how they may be affected by these Terms and Conditions of Sale, including this section on our liability to you, we advise you to contact your local consumer protection agency or regulator.
- The products available for order through this Site are intended for purchase by consumer customers only for private non-commercial use. We shall not be liable to you (whether for breach of contract, negligence or in any other way) for any business losses, including but not limited to loss of profit, loss of revenue, or loss of business opportunities or contracts, arising out of or in connection with any order that you place for any products or any products supplied or to be supplied under any order.
2.10 Events outside our control
- We are not liable to you for losses which you suffer due to any event beyond our reasonable control. If such an event takes place that affects the performance of our obligations under a contract with you:
- we will let you know as soon as we reasonably can; and
- our obligations will be suspended, and the time in which we have to perform those obligations will be extended for the duration of the relevant event. If the event affects our ability to deliver products to you, we will arrange a new delivery date with you once the event is over.
2.11 Your right to cancel
For your cancellation rights, please see our Return Policy.
3. General Terms
- All communications between us and all contracts formed between us will be made and conducted in English.
- Please note that these Website Terms are governed by English law. This means a Contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to deal with any disputes between us. However, you may also have additional consumer rights under the local law where you live. This clause does not limit or exclude these rights and you will continue to benefit from them.
- If a dispute arises between you and us please note that you also have the right to refer that dispute to an out-of-court dispute resolution service available at the following link: http://ec.europa.eu/odr