Terms & Conditions of Supply
Last updated: 5 April, 2019
These Terms will apply to any contract between Copperstuff Limited and you for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from my site. Please note that before placing an order you will be asked to agree to these Terms. Should you refuse to accept my Terms, you will not be permitted to place an order on my site.
You should print a copy of these Terms or save them to your computer for future reference.
I may amend these Terms from time to time, as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT ME
1.1.1 My site is operated by Copperstuff Limited (“me”). I am a registered company, registered in England and Wales under company number 11125419. My registered office is Unit 3 Glenmore Business Centre, SP6 1TE.
1.2 Contacting me if you are a consumer:
1.2.1 If you need to contact me for any reason, including to exercise any of your rights under these Terms, you can do so by calling +44 (0)7841 398084 or by emailing me at email@example.com
1.2.2 If I have to contact you or give you notice in writing, I will do so by phone or by e-mail.
1.3 If you are a business:
1.3.1 You may contact me using the methods described in clause 1.2.1. If you wish to give me formal notice of any matter in accordance with these Terms, you must do so in accordance with clause 16.3.
2. MY PRODUCTS
2.1 The images of the Products on my site are for illustrative purposes only. Although I have made every effort to display the colours accurately, I cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 Unless stated otherwise, all products are for internal use only.
3. USE OF MY SITE
Your use of my site is governed by my Website Terms and Conditions of Use
4. HOW I USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause only applies if you are a consumer:
5.1 If you are a consumer, you may only purchase Products from my site if you are at least 16 years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause only applies if you are a business:
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use my site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and me and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and I agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND ME
7.1 My site will guide you through the ordering process and allow you to check and amend your order before submitting it to me. Please ensure that your order is correct before completing the ordering process.
7.2 After you place an order, you will receive an e-mail from me acknowledging that I have received your order (“Order Confirmation”). However, please note that this does not mean that your order has been accepted. My acceptance of your order will take place as described in clause 7.3.
7.3 I will confirm my acceptance of your order by sending you an e-mail confirming that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when I send you the Dispatch Confirmation.
7.4 If, for any reason, I am unable to supply you with a Product I will inform you of this by e-mail and I will not process your order. If you have already paid for the Products, I will refund you the full amount including any delivery costs charged as soon as possible.
8. MY RIGHT TO VARY THESE TERMS
8.1 I may amend these Terms from time to time. Notification of the date the Terms were last updated can be found on my site.
8.2 Every time you order Products from me, the Terms in force at the time of your order will apply to the Contract between you and me.
8.3 I may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 I may revise these Terms as they apply to your order, subject to the products you have ordered. I will contact you to give you reasonable notice of any changes and to let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at my cost) any relevant Products you have already received and I will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause only applies if you are a consumer:
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Regulations during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify me of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of bespoke or custom made goods.
9.3 Your legal right to cancel a Contract starts from the date I accept your order (by sending you a Dispatch Confirmation), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
(a) If your Contract is for a single Product (which is not delivered in instalments on separate days), the end date is the end of 14 days after the day on which you receive the Product. (Example: if I provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January)
(b) If your Contract is for one Product which is delivered in instalments on separate days, or multiple Products which are delivered on separate days, the end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. (Example: if I provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January)
(c) If your Contract is for the regular delivery of a Product over a set period, the end date is 14 days after the day on which you receive the first delivery of the Products. (Example: if I provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.)
9.4 To cancel a Contract, please contact me using the contact details shown in clause 1.2.1. If you are writing to me by e-mail, please ensure you include details of your order to help me identify it. Where notification has been sent by email, cancellation will be effective from the date notification was sent.
9.5 If you cancel your Contract I will, in accordance with these Terms:
9.5.1 refund you the price you paid for the Products. However, please note I am permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
9.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method I offer (provided that this is a common and generally acceptable method).
9.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and I have not offered to collect it from you: 14 days after the day on which I receive the Product back from you or, if earlier, the day on which you provide me with evidence that you have sent the Product back to me. For information about how to return a Product to me, see clause 9.8;
(b) if you have not received the Product or you have received it and I have offered to collect it from you: 14 days after you inform me of your decision to cancel the Contract.
9.6 If you have returned the Products because they are faulty I will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to me.
9.7 I will refund you on the credit card or debit card used by you to pay or into a bank account in the case of electronic bank transfers.
9.8 If a Product has been delivered to you before you decide to cancel your Contract:
9.8.1 you must return it to me without undue delay and in any event not later than 14 days after the day on which you let me know that you wish to cancel the Contract;
9.8.2 unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to me. If the Product is one which cannot be returned by post, I estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums I charged you for delivery;
9.9 Because you are a consumer, I am under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 I will contact you with an estimated delivery date. Occasionally my delivery to you may be affected by an Event Outside My Control. See clause 15 for my responsibilities when this happens.
10.2 If I am delivering the Products and no one is available at your address to take delivery and the Products have been returned to my premises, I will contact you to rearrange delivery. This may incur an additional delivery charge.
10.3 Delivery of an Order shall be completed when I deliver the Products to the address you gave me, or if you or a carrier organised by you collect them from me, the Products will be your responsibility from that time.
10.4 You own the Products once I have received payment in full, including all applicable delivery charges.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 Prices for my Products may change from time to time, but changes will not affect any order you have already placed.
11.2 Unless stated otherwise, the price of a Product does not include delivery charges. If applicable, delivery charges are as advised to you during the check-out process, before you confirm your order.
12. HOW TO PAY
12.1 You can pay for the Products by electronic bank transfer, PayPal or by using a debit card or credit card. I accept the following cards: Mastercard | Visa | American Express
12.2 Payment for the Products and all applicable delivery charges is in advance. I will not charge your debit card or credit card until I dispatch your order.
13. MY LIABILITY IF YOU ARE A BUSINESS
This clause only applies if you are a business customer:
13.1 I only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
13.2 Nothing in these Terms limits or excludes my liability for:
13.2.1 death or personal injury caused by my negligence;
13.2.2 fraud or fraudulent misrepresentation;
13.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.2.4 defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, I will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.3.1 any loss of profits, sales, business, or revenue;
13.3.2 loss or corruption of data, information or software;
13.3.3 loss of business opportunity;
13.3.4 loss of anticipated savings;
13.3.5 loss of goodwill; or
13.3.6 any indirect or consequential loss.
13.4 Subject to clause13.2, my total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
13.5 Except as expressly stated in these Terms, I do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, I will not be responsible for ensuring that the Products are suitable for your purposes.
14. MY LIABILITY IF YOU ARE A CONSUMER
This clause only applies if you are a consumer:
14.1 If I fail to comply with these Terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breach of these Terms or my negligence, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of my breach or if it was contemplated by you and me at the time we entered into this contract.
14.2 I only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 I do not in any way exclude or limit my liability for:
14.3.1 death or personal injury caused by my negligence;
14.3.2 fraud or fraudulent misrepresentation;
14.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.3.5 defective products under the Consumer Protection Act 1987.
15. EVENTS OUTSIDE MY CONTROL
15.1 I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by an Event Outside My Control. An Event Outside My Control is defined below in clause 15.2.
15.2 An Event Outside My Control means any act or event beyond my reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside My Control takes place that affects the performance of my obligations under a Contract:
15.3.1 I will contact you as soon as reasonably possible to notify you; and
15.3.2 my obligations under a Contract will be suspended and the time for performance of my obligations will be extended for the duration of the Event Outside My Control. Where the Event Outside My Control affects my delivery of the Products to you, I will arrange a new delivery date with you after the Event Outside My Control is over.
15.4 You may cancel a Contract affected by an Event Outside My Control which has continued for more than 30 days. To cancel please contact me. If you opt to cancel, you will have to return (at my cost) any relevant Products you have already received and I will refund the price you have paid, including any delivery charges.
16. COMMUNICATIONS BETWEEN US
16.1 When I refer in these Terms to "in writing" this includes e-mail.
16.2 If you are a consumer you may contact me as described in clause 1.2.1.
16.3 If you are a business:
16.3.1 Any notice or other communication given by you to me, or by me to you, under or in connection with the Contract shall be in writing and shall be by e-mail.
16.3.2 A notice or other communication shall be deemed to have been received one Business Day after transmission.
16.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. OTHER IMPORTANT TERMS
17.1 I may transfer my rights and obligations under a Contract to another organisation, but this will not affect your rights or my obligations under these Terms. I will always notify you in writing or by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.
17.3 This Contract is between you and me. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you.
17.6 If you are a consumer:
17.6.1 please note that these Terms are governed by English law. This means a Contract for the purchase of Products through my site and any dispute or claim arising out of or in connection with it will be governed by English law. You and I both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business:
17.7.1 a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.
17.7.2 we both irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Website Terms & Conditions of Use
Terms of website use
Other applicable terms
Information about me
My site is operated by Copperstuff Limited (“me”). I am a registered company, registered in England and Wales under company number 11125419. My registered office is Unit 3 Glenmore Business Centre, SP6 1TE.
Changes to these terms
Please check this page from time to time to take notice of any changes I made, as they are binding on you.
Changes to my site
I may update my site from time to time, and may change the content at any time. However, please note that any of the content on my site may be out of date at any given time, and I am under no obligation to update it.
I do not guarantee that my site, or any content on it, will be free from errors or omissions.
Accessing my site
My site is made available free of charge.
I do not guarantee that my site, or any content on it, will always be available or be uninterrupted. Access to my site is permitted on a temporary basis. I may suspend, withdraw, discontinue or change all or any part of my site without notice. I will not be liable to you if for any reason my site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to my site.
Intellectual property rights
I am the owner or the licensee of all intellectual property rights in my site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from my site for your personal use and you may draw the attention of others within your organisation to content posted on my site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
My status (and that of any identified contributors) as the author of content on my site must always be acknowledged.
You must not use any part of the content on my site for commercial purposes without obtaining a licence to do so from my or my licensors.
No reliance on information
The content on my site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on my site.
Although I make reasonable efforts to update the information on my site, I make no representations, warranties or guarantees, whether expressed or implied, that the content on my site is accurate, complete or up-to-date.
Limitation of my liability
To the extent permitted by law, I exclude all conditions, warranties, representations or other terms which may apply to my site or any content on it, whether express or implied.
I will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, my site; or
· use of or reliance on any content displayed on my site.
If you are a business user, please note that in particular, I will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
If you are a consumer user, please note that I only provide my site for domestic and private use. You agree not to use my site for any commercial or business purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
I will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of my site or to your downloading of any content on it, or on any website linked to it.
I assume no responsibility for the content of websites linked on my site. Such links should not be interpreted as endorsement by me of those linked websites. I will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services by me to you, which will be set out in my Terms and Conditions Of Supply.
I do not guarantee that my site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access my site. You should use your own virus protection software.
You must not misuse my site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to my site, the server on which my site is stored or any server, computer or database connected to my site. You must not attack my site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. I will report any such breach to the relevant law enforcement authorities and I will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use my site will cease immediately.
Linking to my site
You may link to my home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.
You must not establish a link to my site in any website that is not owned by you.
My site must not be framed on any other site, nor may you create a link to any part of my site other than the home page.
I reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards as notified to you from time to time.
If you wish to make any use of content on my site other than that set out above, please email firstname.lastname@example.org
Third party links and resources in my site
Where my site contains links to other sites and resources provided by third parties, these links are provided for your information only.
I have no control over the contents of those sites or resources.
Acceptable Use Policy
You may use my site only for lawful purposes. You may not use my site:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with my content standards.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
· Not to reproduce, duplicate, copy or re-sell any part of my site in contravention of the provisions of my terms of website use.
· Not to access without authority, interfere with, damage or disrupt: any part of my site; any equipment or network on which my site is stored; any software used in the provision of my site; or any equipment or network or software owned or used by any third party.
I may from time to time provide interactive services on my site.
Where I do provide any interactive service, I will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
I will do my best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on my site and I will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, I am under no obligation to oversee, monitor or moderate any interactive service I provide on my site, and I expressly exclude my liability for any loss or damage arising from the use of any interactive service by a user in contravention of my content standards, whether the service is moderated or not.
The use of any of my interactive services by a minor is subject to the consent of their parent or guardian. I advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where I do moderate an interactive service, I will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to my site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
· Be accurate (where they state facts).
· Be genuinely held (where they state opinions).
· Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
· Contain any material which is defamatory of any person.
· Contain any material which is obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
· Give the impression that they emanate from me, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
I will determine, in my discretion, whether there has been a breach of this acceptable use policy through your use of my site. When a breach of this policy has occurred, I may take such action as I deem appropriate.
· Immediate, temporary or permanent withdrawal of your right to use my site.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to my site.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as I reasonably feel is necessary.
· I exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and I may take any other action I reasonably deem appropriate.
Changes to the acceptable use policy
I may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes I make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on my site.
To contact me, please email email@example.com