Welcome to www.colesantiques.co.uk website (the "Website") Terms and Conditions. Cole's Curiosities ("Cole's Curiosities", "we", "us" or "our") provides the services available on the Website. Your use of this Website is governed by these Terms and Conditions set out below.
About Cole's Curiosities
Cole's Curiosities is the supplier of the goods and our address is Cole's Curiosities, King's Head Stores, 44 High Street, Presteigne, Powys, LD8 2BE.
Eligibility
To be eligible to purchase goods on this Website and to lawfully enter into and form contracts on this Website under English law you must:
a) be the holder of a valid debit/credit card.
You warrant that the personal information which you are required to provide as a customer is true, accurate and current in all respects. If your personal information changes then please notify us immediately by contacting Customer Services via our contact form on the contact page of this site.
b) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Privacy
Please review our Privacy Policy, which explains our use of information you provide via the Website, so that you may understand our privacy practices.
Language
This contract shall be concluded in English.
You place your order request for goods from the Website by clicking on the confirm order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. (See above.)
Prices and VAT
All prices indicated for products available via the Website are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges.
Payment and Delivery
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Risk to the goods will pass to you on delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process.
Any delivery time scales quoted to you are indicative only. Orders may be delivered in one or more deliveries.
Cole's Curiosities does not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received the goods, you will assume all risk in the goods. Upon delivery of the goods to you, we will also provide you with sufficient details to enable you to:
a) exercise your right of cancellation; and
b) address any intended cancellation or complaints to the correct place of business.
Upon receipt of the goods you must inspect the goods and you will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services via the contact form on the contact page of this site.
Cancellation
Please note that you may cancel this contract if you give us notice by letter or by email at any time before the expiry of a period of 14 working days beginning with the day after the day of delivery of the goods.
Your statutory rights are not affected.
If you wish to complain about any matter in respect of the goods please contact Customer Services via the contact form on the contact page of this site.
We attempt to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.
Any products and services, and any samples thereof, we may provide to you are for personal use only. You may not sell or re-sell any of the products or services, and any samples that you receive from us.
External links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offering of, off-Website ages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
We welcome enquiries or feedback on the products you use or might like to purchase; however, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
The Website is presented "as is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
a) interruption of business;
b) access delays or access interruptions to the Website;
c) data non-delivery, missed-delivery, corruption, destruction or other modification;
d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website;
e) computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlinks to or from third party websites;
f) any inaccuracies, missions or misleading, false or deceptive statement in the content; or
g) events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profit) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any goods from Cole's Antiques shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and your consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this Section 20 shall apply.
You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any goods from Cole's Antiques, and supersede and govern all prior proposals, agreements, or other communications.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by Cole's Antiques shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed as waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other for of joint enterprise between us.
We reserve the right to change these Terms and Conditions at any time and encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any goods from this Website whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms and Conditions, please contact us by email via the contact form on the contact page of this site.
Your use of this Website and any purchase by you of any goods from Cole's Antiques shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.
Privacy Policy
Security & Privacy
When you provide us with personally identifiable information ("Personal Information") through this Website, we respect your privacy.
The purpose of this statement is to tell you what Personal Information we collect about you during your visit to this Website and what we do with that information.
Your visit to www.colesantiques.co.uk are subject to this Privacy Policy and our Terms and Conditions.
Collection of Information
We do not collect Personal Information about you, except when you provide it to us.
We will only use the Personal Information you provide us through www.colesantiques.co.uk only for the purposes of processing your orders and responding to any comments or questions you have.
We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information concerning your use of www.colesantiques.co.uk, such as information regarding which of our pages are most popular and general website administration.
We may store or share or transfer Personal Information and non-personally identifiable information with or to our affiliates, licensees and partners to:
(a) enhance this website;
(b) assist in the development and design of similar sites run by our affiliates, licensees and partners; and
(c) enable them to undertake marketing activities on our behalf.
We always demand that our affiliates, licensees and partners adhere to the same procedures that we follow ourselves with respect to your Personal Information, including this Privacy Policy. We will not sell or rent your Personal Information to third parties without your consent, except as disclosed in this Privacy Policy.
We may also use your information to tell you about our products, promotions and special offers that may be of interest to you, by email. In particular, we may look at what you have previously ordered in an attempt to tell you about promotions that will be of particular interest to you. All customers are given the opportunity to opt-out of receiving such further information that they give.
We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.
Sensitive information is not sought through this website. Sensitive information includes date relating to: race or ethnic origin; political opinions; religious or other similar beliefs; physical or mental health. If you do provide sensitive information, by providing that information you explicitly consent to us using it for the purpose for which it has been provided.
We will take reasonable steps to create an accurate record of any Personal Information you have submitted through the Website. However, we do not assume responsibility for confirming the ongoing accuracy of your Personal Information.
Third Parties
We may retain other companies and individuals to perform functions on our behalf in relation to the purpose set forth in this Privacy Policy. Examples include credit/debit card validation and authorisation agencies data analysis firms, customer support specialists, webhosting companies, and fulfilment companies (e.g., companies that coordinate mailing). Such third parties may be provided with access to your Personal Information if needed to perform their functions, but may not use such information for any other purpose. We always demand that third parties adhere to the same procedures that we follow ourselves with respect to your Personal Information, including this Privacy policy.
Links
This Website may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on this Website. We encourage you to read the privacy policies of other websites you link to from our Website or otherwise visit.
Security
We implement various security measures to protect the security of your Personal Information, both on line and off line. If you have any questions about security at our Website, you can send an email to us via the contact form on the contact page of this website.
Notification of changes
We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your Personal Information will be based on the privacy policy in effect at the time the information is used. If the preceding sentence is deemed to violate applicable law, the privacy policy in effect at the time of your Personal Information was collected will apply.
Comments
We have taken great measures to ensure that your visit to our Website is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please email us via the contact form on the contact page of this site.
This Privacy Policy shall be construed in accordance with the laws of England and Wales.