Aesthetic Urns provides you with a limited license to use the www.aestheticurns.co.uk Website subject to the terms contained within this Terms and Condition Agreement. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT. By using the Website you manifest your assent and agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately.
By purchasing our urns you signify your acceptance of this disclaimer:
Wood and natural stone is product of the nature. Therefore, variations in color, pattern, texture and veining must be accepted. These differences and variations should be considered as the beauty of this natural material instead of it flaws. The actual wood and natural stone urn purchased and delivered may slightly differ from the picture(s) shown. All the product images on our webpage are provided to give a general idea about the color, texture, veining variation of the wood (stone) of that particular urn as all products are truly unique. Lighting changes in pictures may make a product appear different from the actual product seen in “real life”. Computer monitors often interpret colors in different ways. Differences due to color, texture, pattern and veining of the material can’t be a reason for return.
1. YOUR PERSONAL INFORMATION
You may place an order to purchase goods advertised for sale on this site by calling our office or following onscreen prompts after clicking on the item you wish to purchase. You will always have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Order with obligation to pay” button on the checkout page. If you submit an order for goods via this site by clicking the [‘Order with obligation to pay’] button, your order is a valid offer to purchase the goods.
3. PRICE AND DELIVERY COSTS
Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch.
Unless stated otherwise, all prices include TAX and delivery costs applies on all orders to the UK Mainland. International delivery costs can be looked up here [link to listing of international shipping costs]. They will be notified to you separately before you submit your order and will be confirmed to you by e-mail.
4. AVAILABILITY AND DELIVERY
Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
We deliver within the United Kingdom only.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 5 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that delivery can’t take place on/by indicated by you date we will work with you to agree and ensure new alternative delivery date.
We are not responsible for any delay caused by your unavailability to receive delivery of the products. It is your responsibility to contact the post office or courier company (as applicable) to arrange pick-up or re-delivery of merchandise that could not be delivered previously because you were unavailable.
We must receive payment in advance before your order can be processed and the goods can be dispatched, unless we have agreed otherwise in advance in writing. Payment for goods can be made by one of the following payment methods:
6. RIGHT TO CANCEL
Right to cancel
You have the right to cancel your order without having to give us a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you received the goods. If your order requires multiple delivery shipments, 14 day cancellation period begins on the day you received your last shipment.
To exercise your right to cancel, you must inform us about your decision by phone or e-mail. You may use cancellation form [insert link to model cancellation form], but you are not obliged to. If you are cancelling because of any problem with the goods you must notify us about the nature of that problem at the time of cancellation.
You must send the goods back to us to our office address: 30 Whitwell Rd, Portsmouth PO4 0QR, United Kingdom at your own cost (unless we delivered the item to you in error or the item is damaged or defective) without undue delay and in any event within 14 days cancellation period.
You can’t cancel a purchase of the goods that were made to your specifications or are clearly personalised.
7. REFUNDS POLICY
Following cancellation, we will refund you the price paid for the cancelled order (or part of the cancelled order), less any collection or return charges (if any) upon receiving and inspecting merchandise. We will also refund any standard delivery charges paid, or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 7 days after the day:
- you notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you yet) or where we have agreed to collect the goods; or,
- we receive the goods you returned to us, where you are in receipt of the goods; or
- you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. Without limiting your cancellation rights in Clause 7, if you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will:
- provide a full refund for any product that is not what you ordered;
- provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
- at your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid for the goods in question
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.
8. CANCELLATION BY US
We reserve the right to cancel the contract if, for example:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price.
If we do cancel your contract we will notify you by e-mail as soon as possible and promptly credit your account with amount deducted by us previously.
9. TITLE AND RISK
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you, you or a person nominated by you will held them at your own risk and you will be responsible for them.
To the extent not prohibited by law, we accept no liability for any:
- loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
- loss which arises when we are not at fault or in breach of these Terms and Conditions; and
- business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption)
Nothing in these terms will affect any liability we may have:
- for fraudulent misrepresentation;
- for death or personal injury arising from our negligence:
- under Part I of the Consumer Protection Act 1987;
- for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or
- in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
11. EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site). Please check this site to ensure that you understand which Terms and Conditions apply.
13. LAW AND JURISDICTION
These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.