Terms and Conditions
These terms and conditions shall govern the sale and purchase of products through our website.
This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
In these terms and conditions "we" means Nocturne Workshop Limited
"you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.
2. Order Process
No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 1.3.
To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an order confirmation and an email to notify you once the item has been shipped. We use Stripe integrated checkout systems, completely secure, PCI compliant and SSL enabled.
Our prices are quoted on our website.
We reserve the right to change the prices quoted on our website, but this will not affect contracts that have previously come into force.
All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
You must, during the checkout process, pay the prices of the products you order.
Payments may be made by credit and debit cards including Visa/Mastercard/American Express.
If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts (including without limitation legal fees and debt collection fees)
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section.
Our lights will be delivered to you by registered post or a delivery service depending on the order. A tracking number will be emailed to you.
The delivery price is added to your order cost at the point of sale.
If you are ordering a quantity of lamps please email us at firstname.lastname@example.org so we arrange a suitable delivery quote.
6. Warranties and representations
You warrant and represent to us that you are legally capable of entering into binding contracts; you have full authority, power and capacity to agree to these terms and conditions; all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
We warrant to you that we have the right to sell the products that you buy; the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; the products you buy will correspond to any description published on our website; and the products you buy will be of satisfactory quality.
All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and all other warranties and representations are expressly excluded.
7. Limitations and exclusions of liability
Nothing in these terms and conditions will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8. Order cancellation
We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if: you fail to pay, on time and in full, any amount due to us under that contract; or you commit any material breach of that contract.
You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
9. Consequences of order cancellation
If a contract under these terms and conditions is cancelled in accordance with this agreement we will cease to have any obligation to deliver products which are undelivered at the date of cancellation. You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).
We may revise these terms and conditions from time to time by publishing a new version on our website. The date of these terms and conditions is 07/07/18
11. No Waivers
No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Entire agreement
14. Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
15. Our details
This website is owned and operated by Nocturne Workshop Limited. Our principal place of business is at Nocturne Workshop Limited, Unit 17 Maple Industrial Estate, Manchester, M12 5AQ, United Kingdom. You can contact us by writing to the address given above, by telephone on 07841756067 or by email to email@example.com.