This site is owned by Winning Works Ltd (hereafter THE MERCHANT) and registered in England, Registration No. 06527310 , with registered address at Wylam Cottage, School Lane, Crich, Derbyshire, DE4 5DF (hereafter THE MERCHANT ADDRESS), and email address at email@example.com
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid at the time the site is consulted and are subject to change without notice.
Title of Goods
Goods remain the property of THE MERCHANT until full payment is received and cleared.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Right to Withdrawal
The cooling off period and right to cancel do not apply to orders for any goods made to your specification, including personalised goods. This is because bespoke and personalised products are unique to you and cannot be re-sold by us.
Should you need to return an item because of an error on THE MERCHANT's part, contact TH MERCHANT in the first instance by telephone on 01773 850049 or email firstname.lastname@example.org return the item to us, getting proof of postage from the Post Office, Will refund the cost of the return postal charge. We will repair or re-engrave the product and return it to you as soon as possible.
Your statutory rights are unaffected.
Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
Right of Use
The use of any trademarks, logos or images present on the site is strictly forbidden. Ownership of copyright, design rights and intellectual property rights of THE MERCHANT's designs and products remain the property of THE MERCHANT's at all times. Any infringements will be pursued rigorously.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.