Terms and Conditions

Last Updated 22nd November 2022

Please read all Cornwall Seascapes Terms and Conditions.

Cornwall Seascapes
Kingfishers Rest
The Camel Trail
Wadebridge
PL27 7AL

E: info@cornwall-seascapes.co.uk

T: 07545313994

Application


These terms and conditions form the basis of the agreement through which Cornwall Seascapes (we or us) will deliver to you as a consumer (you) goods which you have purchased.

1.Cornwall Seascapes will accept your order only once payment has been made via the website. Once your payment has been made you are agreeing that the supply of the goods to you is covered by these terms and conditions





Interpretation



2. This agreement means the legally-binding contract between you and us for the supply of the goods;


3.. Delivery Location means the premises or other location that you indicate at the point of purchase and where the goods are to be supplied, as set out in the website order (Order);



4. Goods means the goods advertised on the website that we supply to you of the number and description as set out in the Order;

5. Order means your order for the Goods from us as submitted following the step by step process set out on the Website;


6. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;


7. Website means our website cornwallseascapes.co.uk on which the Goods are advertised.



Goods


8. The description of the Goods is as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.


9. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. This cannot be changed once processing the commission has begun.


10. All Goods which appear on the Website are subject to availability.


11. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.



Personal information


12. We retain and use all information strictly under the Privacy Policy.


13. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale


14. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.


15. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.


16. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.


17. Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.


18. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.




Price and Payment


19. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.


20. We are not a VAT registered company and the Order price does not include VAT. You will not be able to claim VAT back on purchases from us,


21. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.



Delivery


22. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Agreement is entered into.


23. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Agreement at an end if:

a. we have refused to deliver the Goods, or you said to us before the Contract was made that delivery on time was essential; or


 b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

24. If you treat the Agreement at an end, we will (in addition to other remedies) promptly return all payments made under the Agreement.


25. If you were entitled to treat the Agreement at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Agreement for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.


26. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.


27. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.


28. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.


29. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.


30. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.



Risk and Title


31. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.


32. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.



Withdrawal, returns and cancellation


33. You can withdraw the Order by telling us before the Order is processed, this is within 24 hours of the purchase through the website., if you simply wish to change your mind and without giving us a reason, and without incurring any liability.


34. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to the Agreement for the following goods (with no others) in the following circumstances:

a. any photographic prints, all of which are made to order

b. goods that are made to your specifications or are clearly personalised

35. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel


36. Subject as stated in these Terms and Conditions, you can cancel this agreement, within 14 days without giving any reason. except where Goods have been commissioned such as photographic prints. These must be cancelled before processing begins.


37. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the goods. 


38. To exercise the right to cancel, you must inform us of your decision to cancel this Agreement by a clear statement setting out your decision (eg a letter sent by post or email). You must be able to show clear evidence of when the cancellation was made, including date of order, date of receipt of order, your signature and the date the cancellation is sent.


39. If you email this information to info@cornwallseascpaes.co.uk we will communicate to you an acknowledgement of receipt of such a cancellation via email without delay.


40. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period


41. Except as set out below, if you cancel this Agreement, we will reimburse to you all payments received from you, including the costs of delivery except for any costs incurred in processing your order i.e.. commissioning of print work.

Deduction for Goods supplied


42. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.


Timing of reimbursement


43. If we have not offered to collect the goods, we will make the reimbursement without undue delay, and not later than days after the day we receive back from you any goods supplied, or

44. If we have offered to collect the goods or if no goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.


45. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods


46. If you have received goods in connection with the Agreement which you have cancelled, you must send back the goods or hand them over to us at: Cornwall Seascapes, Kingfishers Rest, The Camel Trail, Wadebridge PL27 7AL without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Agreement. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the goods.


47. For the purposes of these Cancellation Rights, these words have the following meanings:

a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;


b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity


48. We have a legal duty to supply the goods in conformity with the Agreement, and will not have conformed if it does not meet the following obligation.


49. Upon delivery, the goods will:

a. be of satisfactory quality;


b. be reasonably fit for any particular purpose for which you buy the goods which, before the Agreement is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Agreement; and


c. conform to their description.

50. It is not a failure to conform if the failure has its origin in your materials.



Successors and our sub-contractors


51. Either party can transfer the benefit of this Agreement to someone else, and will remain liable to the other for its obligations under the Agreement. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party


52. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and


b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect your above rights relating to delivery and any right to cancel, below.

Privacy


53. Your privacy is critical to us. We respect your privacy and comply with the UK General Data Protection Regulation (2021) with regard to your personal information.


54. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy.


55. For the purposes of these Terms and Conditions:

a. ‘Data Protection Laws’ - means any applicable law relating to the processing of Personal Data, including, but not limited to the Data Protection Act (2018)


b. ‘GDPR’ - means the General Data Protection Regulation (UK) (2021).


c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

56. We are a Data Controller of the Personal Data we Process in providing goods to you.


57. Where you supply Personal Data to us so we can provide goods to you, and we Process that Personal Data in the course of providing the goods to you, we will comply with our obligations imposed by the UK GDPR:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;


b. we will only Process Personal Data for the purposes identified;


c. we will respect your rights in relation to your Personal Data; and


d. we will implement technical and organisational measures to ensure your Personal Data is secure.


58. For any enquiries or complaints regarding data privacy, you can e-mail: info@cornwallseascapes.co.uk

Excluding liability


59. We do not exclude liability for:

(i) any fraudulent act or omission; or

(ii) for death or personal injury caused by negligence or breach of our other legal obligations.

Subject to this, we are not liable for

(i) loss which was not reasonably foreseeable to both parties at the time when the Agreement was made, or

(ii) loss to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the goods wholly or mainly for its business, trade, craft or profession.



Governing law, jurisdiction and complaints


60. The Contract (including any non-contractual matters) is governed by the law of England and Wales.


61. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.


62. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 days.