Terms &
Conditions
Here at Yarn we are completely dedicated to your total satisfaction.
If you have any suggestions or comments you can email us at:
info@yarn-in-notts.co.uk
Alternatively you can contact us at: YARN, 55 Chilwell Road,
Beeston, Nottingham NG9 1EN.
Telephone: 0115 925 3606 or (0) +44 115 925 3606 from overseas.
The Consumer Protection (Distance Selling) Regulations 2000
Contracts for the purchase of goods by a Customer not acting
in the course of a business and made over the telephone or through
the Yarn website, or by mail order, are, with the exception
of certain excepted contracts, subject to The Consumer Protection
(Distance Selling) Regulations 2000 ('the Regulations').
If the Regulations apply, Customers may cancel goods purchased
from Yarn delivered within 7 working days of the date of delivery
of the goods.
The Customer will be responsible for the cost of returning the
goods if he or she exercises this right of cancellation under
the Regulations. If the Customer does not actually return the
goods to Yarn, the Customer is under a duty to make the goods
available for collection at the Customer's expense from the
address to which they were delivered.
The Customer is under a duty to retain possession of the goods
whilst awaiting return to Yarn and to take reasonable care of
them during this period. The Customer will be liable for any
loss of or damage to the goods if he or she fails to comply
with this obligation.
Delivery, Title and Risk
Any time or date stated for delivery is an estimate only. Yarn
makes every effort to dispatch goods on time, but does not accept
liability for failure to deliver within the stated time.
If Yarn is unable to deliver the goods within 30 days of the
date of the order, the Customer will, as its sole remedy, be
entitled to cancel the order and require any monies paid to
Yarn in respect of that order to be refunded. In order to cancel,
the Customer must send written notice of cancellation to Yarn
after the above date but before delivery of the goods or notification
from Yarn that the goods are ready for delivery.
Yarn does not accept liability for shortages or damage to deliveries
unless the Customer notifies Yarn of the shortage or damage
in writing within 7 days of receipt of the delivery
The Customer has to accept the goods when they are ready for
delivery.
Delivery is deemed to take place when the goods are delivered
to the Customer's nominated address, whereupon the risks of
loss, breakage and all damage and all other risks shall pass
to the Customer.
Title in the goods does not pass to the Customer until payment
is received in full by Yarn.
If the Customer cannot accept delivery, Yarn may at its option:
(a) store and insure the goods at the Customer's expense and
risk or
(b) sell the goods at the best price reasonably obtainable and
(after deducting reasonable storage insurance and selling costs)
pay to the Customer any excess over the sale price or charge
the Customer for any shortfall or
(c) re-arrange delivery provided that Yarn may charge the Customer
for the additional delivery costs incurred.
The Customer may request a Proof of Delivery, provided that
this request is made in writing within 3 months of the date
of delivery and Yarn shall use reasonable endeavours to provide
such proof. Thereafter, delivery shall be deemed to have been
successfully completed.
Errors and Omissions
Yarn makes every effort to ensure that all prices and descriptions
quoted in its catalogue and on its website are correct and accurate.
However, the frenetic tempo of e-commerce makes it inevitable
that mistakes will occasionally occur. In the case of a manifest
error or omission, Yarn will be entitled to rescind the contract,
notwithstanding that it has already accepted the Customer's
order and/or received payment from the Customer. Yarn's liability
in that event will be limited to the return of any money the
Customer has paid in respect of the order. In the case of a
manifest error in relation to price, the Customer will be entitled
to purchase the goods by paying the difference between the quoted
price and the correct price, as confirmed in writing by Yarn
after the manifest error has been discovered.
General
Nothing in these terms and conditions affects your statutory
rights as a consumer.
If any provision in this Agreement is held to be invalid or
unenforceable, it shall be deemed severed from the Agreement
and this shall not affect the validity or enforceability of
the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed
by a duly authorized Yarn official.
The headings are for convenience only and shall not affect the
interpretation of this Agreement.
Any notices given under this Agreement shall be in writing and
sent (a) by first class pre-paid post to the last known address
of the party; or (b) by fax to their last known fax number;
or (c) by e-mail to the last notified e-mail address of the
party. The notice shall be deemed served (a) two working days
after posting; or (b) upon receipt of a successful fax transmission
report; or (c) after system confirmation of e-mail delivery.
These terms and conditions shall be governed by and construed
in accordance with the laws of England and the parties submit
to the exclusive jurisdiction of the English courts.
Yarn may at its discretion record telephone transactions for
staff training and quality control purposes. The tapes will
be erased after review.
Yarn reserves the right to change or amend these terms and conditions
at any time and without prior notice.
Health and Safety
In accordance with the Health and Safety at Work, etc Act 1974
and the Consumer Protection Act 1987, Yarn confirms that the
goods it supplies as a distributor do not present a hazard to
health and safety
(a) when properly used for the purpose for which they are designed;
and
(b) if the Customer takes reasonable and normal precautions
in their use.
Orders
All contracts of sale made by Yarn shall be deemed to incorporate
these terms and conditions, which shall prevail over any other
terms from the party ("the Customer") with whom Yarn
is dealing. Cancellation of orders by business to business customers
is not accepted as many orders are dispatched on the same day
the order is placed. Cancellation of orders by consumers can
only be accepted in accordance with the Consumer Protection
(Distance Selling) Regulations 2000.
All orders are subject to acceptance and to availability of
the goods ordered: Yarn is entitled to refuse any order placed
by you.
(1) You undertake that:
(a) all details you provide to us for the purpose of purchasing
goods or services offered on our web site are correct, and
(b) the credit or debit card you use to make a purchase from
us is your own card or your company's card, that you are authorized
to use it, and that there are sufficient funds or credit facilities
to cover the cost of any goods or services you order from us.
We reserve the right to obtain validation of your credit or
debit card details before providing you with any goods or services.
(2) Please note, Yarn may record and / or monitor inbound and
outbound calls and electronic traffic for training purposes.
Payment
Standard Payment Terms
Yarn standard terms of payment are pay before delivery, and
these terms will apply except in the case of transactions where
different terms are agreed in writing.
Prices
Goods and services are invoiced at the price prevailing at time
of order.
Yarn reserves the right to modify the prices from time to time.
Privacy Policy
Yarn do not disclose buyers' information to third parties.
Product Specification
Yarn makes every effort to supply the goods as advertised but
reserves the right to supply the goods subject to minor variations
in actual dimensions, specifications and, in the case of bulk
items, quantities, without prior notice.
If Yarn cannot supply the goods ordered by the Customer, Yarn
reserves the right to offer goods of equal or superior quality
at no extra cost. In such a case, if the Customer does not wish
to accept the alternative goods offered, he or she may cancel
the order and require the refund of any money paid to Yarn in
respect of that order. This shall be the sole remedy of the
Customer in these circumstances.
Postage and Packaging
In the UK our goods are dispatched using First Class. Postage
& packaging charges are automatically calculated based on
the goods value in your shopping basket.
Returns
Please Note: All written correspondence and packages should
be addressed to: YARN, 55 Chilwell Road, Beeston, Nottingham
NG9 1EN
Yarn is committed to providing our customers with the highest
quality products and service. However, on rare occasions, products
may be found to be faulty or defective. In such cases we offer
the returns facilities described below.
Subject to the right of consumers to return goods for refund
under The Consumer Protection (Distance Selling) Regulations
2000, Yarn does not sell products on a trial basis. Customers
are strongly advised to check suitability of products before
ordering.
In the event that Yarn, at its discretion (unless the Consumer
Protection (Distance Selling) Regulations 2000 apply), agrees
to accept the return for credit of unwanted products, the goods
must be returned with Yarn's prior written agreement within
7 days of delivery. The goods must be unopened and in perfect
re-saleable condition. All goods returned in these circumstances
will be subject to a handling fee of 15% of Yarn's sale price
for the goods.
Subject to testing to verify any defect, we will accept the
return of defective item for full refund or replacement at our
option, if, but only if, the goods are returned within 7 days
of delivery.
(a) Yarn's Customer Service staff, as appropriate, will advise
you of which method of delivery to use to return the products.
Depending on the nature of the product purchased, we will either
arrange a courier collection, or request that you return the
product directly to us at YARN, 55 Chilwell Road, Beeston, Nottingham
NG9 1EN. If the goods are found on inspection to be defective,
the cost of returning the item will be refunded to you.
(b) All returned goods must be accompanied by Yarn's Returns
Authorisation number ('RA Number') which can be obtained by
calling 0115 925 3606, or e-mailing info@yarn-in-notts.co.uk.
Returned goods will not be accepted without an RA Number. Do
not write directly on the manufacturer's packaging. Please write
the RA number on the address label provided with the Returns
Authorisation and attach it to the returned package. Any defacement
of the manufacturer's packaging or damage caused by inadequate
packaging may result in the rejection of the return or an additional
restocking fee, at Laughing Hens's sole discretion.
(c) Yarn cannot accept liability for packages damaged during
transit. It is the Customer's responsibility to wrap the product
adequately to prevent damage.
(d) Proof of postage is not proof of delivery and you are therefore
strongly advised to send your package by recorded delivery,
registered post or courier, and to insure the goods for their
full value.
(e) On receipt of the returned product, we will examine it to
identify the fault you have notified to us.
(f) If following the examination process, the product is found
to be in good order without defect, we will return the product
to you, and the carriage costs of this return will be your responsibility.
Please note that if you have, in the meantime, required us to
provide you with a replacement product before completion of
the testing process, you will have to pay for this product also.
Proprietors Address: YARN, 55 Chilwell Road, Beeston, Nottingham
NG9 1EN
Special Rules
Clearance Bargains & Non-Current Catalogue Requests ('NCCR')
Products.
Goods sold as 'Special Offers' or Stock Blowout may be downgraded
goods that Yarn is able to offer at a discount on the normal
catalogue price. Stocks of goods offered as Special Offers are
limited and such goods are sold subject to the following special
rules. These special rules apply in addition to, and in the
event of any conflict override, all of Yarn's other terms and
conditions.
Special Offers are graded according to the condition of the
goods, which is described at the point of sale. The length of
the guarantee (if any), with the benefit of which the goods
are sold, is specified in the description of the relevant grade.
Yarn makes every effort to ensure that Special Offers are sold
on a 'first come, first served basis'. However, the customer
accepts that the goods may for some reason become unavailable
at any time prior to delivery, in which case Yarn reserves the
right to rescind the contract. In the event of the cancellation
of the sale in these circumstances, Yarn's liability is limited
to the return of the purchase price paid by the customer.
(a) Products are non-returnable unless we have made an error
or the goods are faulty;
(b) quoted prices are valid for 14 days only, and
(c) quoted prices are not subject to value, cash or volume discounts.
Trade names and Trade Marks
Trade names and marks (other than 'Yarn') are not always indications
of the actual manufacturer of a particular product and may
rather be indicative of general use items associated with
such products. |
