TERMS AND CONDITIONS – SALE OF GOODS ON-LINE THROUGH CUPPLEUP.COM
These Terms and Conditions explain the basis under which the Seller wishes to sell and the Buyer wishes to buy the Goods for the price described at clause 4.
The Buyer should read these Terms and Conditions very carefully to make sure that they understand what is agreed.
In these Terms and Conditions, the following words and phrases have the following meanings:
the person or company purchasing the Goods
a unit of Goods which cannot be divided without reducing its overall value or damaging the character of the unit
‘Confirmation of Acceptance’
the Seller’s confirmation that the Buyer’s order has been accepted and a binding agreement has been formed for the supply of Goods
the items that the Buyer is purchasing
the Buyer and the Seller
either one of the Buyer or the Seller
the person or company selling the Goods
‘Terms and Conditions’
this document detailing the rights and responsibilities of the Parties
- The Seller is under a legal duty to supply Goods which are:
- of satisfactory quality;
- fit for purpose; and
- as described by the Seller.
- By ordering the Goods from the Seller, the Buyer makes an offer to buy the Goods for the price given by the Seller. There is no binding contract between the Parties at the time when the order is made.
- The Seller will contact the Buyer by email to tell the Buyer when the Goods have been dispatched. This Confirmation of Acceptance is the Seller’s acceptance of the Buyer’s order. When the Confirmation of Acceptance is received there will be a binding contract between the Parties in accordance with these Terms and Conditions. The binding contract will only be for the Goods that are included in the Confirmation of Acceptance. It may not cover all the Goods the Buyer ordered, for example if stock is unavailable.
4. PRICE AND PAYMENT
- Occasionally, the Seller’s prices may change between the date of the order and the date of the Seller’s Confirmation of Acceptance. Reasons for a price change include, but are not limited to, a change in the amount that the Seller is charged by their supplier(s) or a change in the VAT rate. What happens when the price changes depends on whether the new price is lower or higher than the price originally given:
- if the new price is lower than that originally given, the Seller will charge the lower price and dispatch the Goods;
- if the new price is higher than that originally given, the Seller will either cancel the order or contact the Buyer to confirm whether they would prefer to cancel or pay the higher price for the Goods.
- Without prejudice to any other legal right or remedy:
- if any agreed payment is not received by the Seller by the due date, the Seller can charge interest on the outstanding sum or sums. Interest will be charged at 5% per annum above the Bank of England base rate, accruing daily from the due date until payment is made;
- if the amounts not paid to the Seller when due total 10% or more of the total value of the Goods, the Seller is entitled to suspend performance until such time as the outstanding payments are made; and
- the Buyer will not refuse to pay any amount which is owed to the Seller where there is only a minor or inconsequential defect in the Goods.
- The Seller will arrange for the Goods to be delivered to the Buyer. Delivery will be attempted to the address given by the Buyer for the purpose.
- Dates or times for the delivery of the Goods given by the Seller are estimates and cannot be relied on as definitive. The Goods will be dispatched within an estimated 3 days from the date of the Seller’s Confirmation of Acceptance. Delivery with be within an estimated 5 days within the UK from the Seller’s Confirmation of Acceptance. It may take longer for overseas deliveries. Delivery for the purposes of this clause includes attempted delivery at the delivery address given by the Buyer.
- If the Buyer or anyone nominated by the Buyer to take delivery of the Goods fails to take delivery when it is attempted, the Seller may charge the Buyer any costs incurred for storage and redelivery as a result.
- The Goods may be delivered directly from the manufacturer or the Seller’s supplier and may be delivered in instalments.
- The Seller only delivers to the mainland United Kingdom through the Seller’s own website. Other destinations available on written request via the website.
6. PASSING OF RISK AND OWNERSHIP
- The Goods will be at the Seller’s risk until delivered either to the Buyer or otherwise at the Buyer’s direction.
- The ownership of the Goods shall not pass to the Buyer until the Seller has sent the Confirmation of Acceptance to the Buyer and has received payment in full, regardless of whether the Goods have been delivered to the Buyer at that date.
7. RIGHT TO CANCEL
- CANCELLATION NOTICE must be given before receipt of the Notice of Despatch message. If you wish to cancel please email email@example.com
8. EFFECTS OF CANCELLATION
- If the Buyer cancels under these Terms and Conditions, the Seller will reimburse any payments received from the Buyer, including the costs of delivery.
- We hope you will receive your Cupple in perfect condition. If however you are unhappy we will exchange your Cupple or refund you. We accept returns of unused and non-personalised products in their original packaging to our warehouse, up to 30 days after receipt of your order. We will then issue a full refund or send out your new Cupple. Please note, we are unable to offer free returns, so the cost of returning the order will need to be covered by the customer.
- Please do not send any products until you have emailed us and notified us of your intent to return at: firstname.lastname@example.org
All products ordered are covered against manufacturing defects for a period of 1 year after purchase.
10. LIABILITY AND INDEMNITY
- Nothing in these Terms and Conditions seeks to limit the liability of the Seller for fraudulent acts or omissions, death or personal injury caused in connection with this sale of Goods, whether arising in contract, negligence, tort, breach of statutory duty or otherwise.
- Neither Party shall be liable to the other whether in contract, negligence, tort, breach of statutory duty or otherwise for any loss or damage sustained by the other Party indirectly or consequentially and including but not limited to economic loss or loss of profits, goodwill or business in general.
- Subject to the rest of this clause, the Seller’s total liability to the Buyer will not, in any circumstances, exceed the total amount of the price payable by the Buyer.
- In the event that the Buyer or their servants or agents breach these Terms and Conditions, or are negligent in their actions, the Buyer will, to the fullest extent permitted by law, indemnify the Seller against any liability, loss, claim, damage, expense suffered by the Seller as a result.
11. AMENDMENT AND TRANSFER OF RIGHTS
- These Terms and Conditions can only be amended by the agreement of the Parties in writing with signatures on behalf of both.
- The Seller is permitted to assign or transfer any rights or obligations under these Terms and Conditions, or subcontract the same for performance to a third party. The Buyer is not permitted to assign or transfer any rights or obligations under these Terms and Conditions without the prior written permission of the Seller.
- If any of the provisions of these Terms and Conditions are unlawful, invalid or otherwise unenforceable, they will be severed from the remainder. The Terms and Conditions which are left will remain valid and enforceable.
13. THIRD PARTIES
- For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions are not intended to and do not confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.
14. CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES
- Neither Party shall be liable for any delay or failure to do anything under these terms and conditions due to circumstances beyond the reasonable control of that Party. Such circumstances include – but are not limited to – industrial action, lock out, trade dispute, power failure, internet outage, fire, natural disaster or outbreak of war. As soon as is reasonably possible after the discovery of such circumstances, the affected Party must notify the other Party in writing of any anticipated or existing delay or failure in performance.
- If the circumstances referred to in this clause continue for a period of longer than 10 days, either Party can end the contract by giving 5 days’ notice in writing to the other. All money owing under these Terms and Conditions before the circumstances arose shall be paid immediately.
15. ENTIRE AGREEMENT
- These Terms and Conditions and the Confirmation of Acceptance taken together are the entire agreement between the Seller and the Buyer and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.
- Any failure or delay by the Seller in using rights or powers provided by these Terms and Conditions shall not constitute a waiver of the whole or any part of these Terms and Conditions. The partial or sole use of any rights or powers provided by these Terms and Conditions shall not prevent any additional use of the same rights or powers. The rights, powers and remedies in these Terms and Conditions are additional to the rights of the Parties provided by law.
17. GOVERNING LAW AND JURISDICTION
- These Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England and Wales will have exclusive jurisdiction in relation to them.
- These terms and conditions were created using a template from Sparqa Legal (https://www.sparqa.com), February 1, 2021.
- In the event of a complaint of any nature the Seller can be contacted at email@example.com
20. CONTACT DETAILS
- The Seller is Gracious Lane Living Ltd (trading as Cupple) of Gracious Lane, Sevenoaks, Kent, TN13 1TJ.
In circumstances where the Buyer is required to contact the Seller in writing, they can email them at firstname.lastname@example.org.