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Terms of Supply

TERMS OF SUPPLY

These are the terms and conditions on which we supply our products to you. As with all terms and conditions they may sound rather formal but they are pretty standard and are designed to enhance your shopping experience and make it as easy and clear as possible.

These terms

1.2.

YOUR WARRANTY

Please read these terms carefully before you submit your order to us. They tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If any of the clauses in the contract are unclear please contact us and we shall be glad to help you.

How to contact us

2.1.

WHO WE ARE

We are Charingworth Cutlery Limited a company registered in England and Wales. Our company registration number is 04253501 and our registered office is at Goose Hill, Charingworth, Chipping Campden, Gloucestershire GL55 6NU. Our registered VAT number is 869 6916 50.

 

2.2.

HOW TO CONTACT US

You can contact us by telephoning our customer service team at 01386 800 000 or by writing to us at online@studiowilliam.com.

 

2.3.

HOW WE MAY CONTACT YOU

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

Our contract with you

3.1.

HOW WE WILL ACCEPT YOUR ORDER

Our acceptance of your order will take place when we email you to inform you that the products have been dispatched (dispatch confirmation), at which point a contract will come into existence between you and us. The contract will relate only to the goods whose dispatch we have confirmed in the dispatch confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of those products has been confirmed in a separate dispatch confirmation.

 

3.2.

IF WE CANNOT ACCEPT YOUR ORDER

If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because your chosen payment method failed to clear fraud and/or security checks from your chosen payment gateway, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

3.3.

YOUR ORDER NUMBER

We will assign an order number to your order and tell you what it is when we receive your order. It will help us if you can tell us the order number should you need to contact us about your order.

 

3.4.

When you place an order with us, you will have the option to create either a temporary checkout account or a full account. If you opt to create a temporary account you will have the opportunity to create a full account on a return visit. When you create a full account you will be prompted to choose a password which you should keep secure at all times. If for any reason you need to change your password, you can request a password reset on our login page, which will send an email with instructions for you to reset your password. We shall not be responsible for any losses you might suffer through your failure to keep your password secure. If you create a full account it will contain details of your billing address, shipping address and will allow you to reset your account password. If you receive gift cards or vouchers for our products you will be able to add the amount of the card or voucher to your account.

 

3.5.

YOUR USER ACCOUNT

When you have placed an order with us, you will receive an email inviting you to join our ambassador programme. If you join you will be given a username and password which will enable you to login to a portal from which you can send emails to your friends offering them a 20% discount code to use on any future orders they place with us, provided that they are not existing customers of Charingworth. Should any of your friends use the discount code you have sent to them, you will earn a 10% rebate on any orders placed by you up to the date your friends use their code. You will receive your rebate by the payment method you used to place your original order. You will be able to monitor the usage of the discount codes you send out via the ambassador portal. You should keep your password secure at all times and we shall not be responsible for any losses you might suffer through your failure to keep your password secure. If you use third party personal data for our ambassador programme you represent and warrant to us that you have the consent of those third parties to use their personal data for the purposes of the ambassador programme and you agree to indemnify us for any losses we may suffer if the requisite third party consent has not been obtained. We reserve the right to withdraw the ambassador programme at any time [on [30] days’ notice] [without notice].

 

3.6.

OVER 18 WARRANTY

We do not accept orders for products from people under the age of 18. By placing an order with us you warrant and undertake to us that you are over 18 years of age.

 

Our products

4.1.

PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES AND DESCRIPTIONS

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that a device's display of the products accurately reflects the products. Your product may vary slightly from those images. Weights and measurements of the products are approximate and given for guidance only.

 

4.2.

PRODUCT PACKAGING MAY VARY

The packaging of the product may vary from that shown in images on our website.

 

4.3.

CONCIERGE PROGRAMME

If you opt to use our concierge programme to help you choose which cutlery to purchase, please note that the advice given is by way of recommendation only and we cannot be held responsible for any consequences of choosing the cutlery recommended.

 

4.4.

SAMPLE SERVICE

If you order a sample set(s) of cutlery you are responsible for paying the cost of delivering it to your address and the cost of returning it to us. If your order was placed for delivery within mainland UK, the return cost will be included in the original shipping cost and a returns label will be sent to you with your original order. For any sample service orders placed off Mainland UK, including Jersey, Guernsey, Isle of Wight, Northern Ireland, the Outer Hebrides and the Shetlands, you will be responsible for organising the return of your samples. You will only be given a full refund of the price of the sample set(s) if they are returned to us: a) using our refund/order form supplied with the sample set(s); b) in the same packaging you received them in; c) unused and in their original and saleable condition (the decision as to whether they are in a saleable condition is at our sole discretion). If these conditions are satisfied in full, a refund will be made either by refunding your original payment method for the cost of the sample set(s) (excluding postage). If we judge that the sample set(s) are not in a saleable condition, you will not receive a refund but you will have the option to keep them, subject to paying the necessary delivery costs in re-delivering them to you. Whenever you return products to us we recommend you organise appropriate insurance and retain proof of posting.

 

Your rights to make changes

5.

If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

OUR RIGHTS TO MAKE CHANGES

6.1.

MINOR CHANGES TO THE PRODUCTS

We may change the product:
a) to reflect changes in relevant laws and regulatory requirements; and
B) to implement minor technical adjustments and improvements.

 

7.1.

DELIVERY COSTS

The costs of delivery will be as displayed to you on our website.

 

7.2.

WHEN WE WILL PROVIDE THE PRODUCTS

During your order preparation we will let you know when we aim to provide the products to you, which will be as soon as reasonably possible. However, any dates quoted for the delivery of the products are approximate only and we shall not be liable for any delay in the delivery of the goods. In these circumstances you have the legal rights described in 7.5 to 7.7 below.

 

7.3.

WHEN WE WILL PROVIDE THE PRODUCTS

During your order preparation we will let you know when we aim to provide the products to you, which will be as soon as reasonably possible. However, any dates quoted for the delivery of the products are approximate only and we shall not be liable for any delay in the delivery of the goods. In these circumstances you have the legal rights described in 7.5 to 7.7 below.

7.4.

IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

 

7.5.

YOUR LEGAL RIGHTS IF WE DELIVER GOODS LATE

You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

a) We have refused to deliver the goods;

b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

c) You told us before we accepted your order that delivery within the delivery deadline was essential.

 

7.6.

SETTING A NEW DEADLINE FOR DELIVERY

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

 

7.7.

WHEN YOU BECOME RESPONSIBLE FOR THE PRODUCTS

The products will be your responsibility from the time we deliver the product to the delivery address you provided.

 

7.8.

WHEN YOU OWN THE PRODUCTS

You own the products once we have received payment in full.

 

7.9.

INTERNATIONAL ORDERS

We will only sell and deliver products to an address in the same country as the billing address from which the order is placed. Prices for US orders include customs and import duty. For other delivery addresses outside the UK you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you and you agree to compensate us for any loss that we may suffer in the event that you do not pay such additional charges. Customs policies vary widely from country to country and we advise you to contact your local customs office for further information.

 

YOUR RIGHTS TO END THE CONTRACT

8.1.

ENDING YOUR CONTRACT WITH US

Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

a) If what you have bought is faulty or was wrongly described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;

b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

 

8.2.

ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

a) We have told you about an upcoming change to the product or these terms which you do not agree to;

b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

c) There is a risk that supply of the products may be significantly delayed because of events outside our control;

d) We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days;

or

e) You have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.5).

 

8.3.

EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (Consumer Contracts Regulations 2013)

As you have bought our products online, if you are an individual acting for purposes wholly or mainly outside your trade, business, craft or profession, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

 

8.4.

HOW LONG DO I HAVE TO CHANGE MY MIND?

Our timeframes are more generous than the statutory minimum and you have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.

 

CHANGED YOUR MIND?

9.1.

TELL US YOU WANT TO END THE CONTRACT

To end the contract with us, please let us know as soon as possible by calling customer services on 01386 800 000 or emailing us at online@studiowilliam.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

 

9.2.

RETURNING PRODUCTS AFTER ENDING THE CONTRACT

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Charingworth Cutlery Limited, Unit C1, The Bridge Business Centre, Timothys Bridge Road, Stratford upon Avon, Warwickshire, CV37 9HW. Please call customer services on 01386 800 000 or email us at online@studiowilliam.com for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. You must use an appropriate delivery method to return the products to us and take out suitable insurance to protect against accidental damage in transit as we shall not compensate you for any damage caused to the products in transit. You must also obtain proof of posting.

 

9.3.

WHEN WE WILL PAY THE COSTS OF RETURN

We will refund the costs of return if the products are faulty or misdescribed (the decision as to whether they are ‘faulty’ or ‘misdescribed’ is at our sole discretion). In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

 

9.4.

METHOD OF RETURN

If you are entitled to the costs of return, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

9.5.

HOW WE WILL REFUND YOU

We will refund you the price you paid for the products by the method you used for payment. In some cases we may refund the delivery cost, where the order has not been dispatched, the product is faulty or we end the contract for other reasons before the product is dispatched. In some cases we may make deductions to the total amount refunded, as described below.

 

9.6.

DEDUCTIONS FROM REFUNDS IF YOU ARE EXERCISING YOUR RIGHT TO CHANGE YOUR MIND

If you are exercising your right to change your mind:

a) We may reduce your refund of the price (excluding delivery costs) 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. In order to qualify for a refund the products must be unused and in a saleable condition.

b) You must use an appropriate delivery method to return the products to us and take out suitable insurance to protect against accidental damage in transit as we shall not compensate you for any damage caused to the products in transit. You must also obtain proof of posting.

c) You must return any products to us in their original packaging. If you return any products to us in packaging which is not original, we shall make a 20% reduction to your refund. Alternatively in these circumstances you can opt to take the products back, subject to payment of the extra postage costs incurred in returning the products to you.

 

9.7.

WHEN YOUR REFUND WILL BE MADE

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.

 

OUR RIGHTS TO END THE CONTRACT

10.1.

WE MAY END THE CONTRACT IF YOU BREAK IT

We may end our contract with you at any time by writing to you if:

a) You do not make any payment to us when it is due; or

b) You do not, within a reasonable time, allow us to deliver the products to you.

c) If we are advised or detect fraudulent activity on the payment method you have nominated and supplied.

 

PROBLEMS WITH THE PRODUCT

11.1.

HOW TO TELL US ABOUT PROBLEMS

If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01386 800 000 or write to us at online@studiowilliam.com. Our customer service advisers are available to take your calls Monday to Friday (excluding national holidays) between 9.00am and 5.30 pm GMT.

 

11.2.

MANUFACTURER’S WARRANTY

We are proud to offer a 25 year manufacturer’s warranty against manufacturing defects. We are not liable for any damage arising from your misuse of the products including (without limitation): willful damage, negligence, any failure to follow our ‘Care of Cutlery’ instructions; and use in abnormal conditions beyond those referred to in the product specification.

 

11.3.

SUMMARY OF YOUR LEGAL RIGHTS

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

SUMMARY OF YOUR KEY LEGAL RIGHTS

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get an immediate refund.
• Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
• See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

 

PRICE AND PAYMENT

12.1.

WHERE TO FIND THE PRICE FOR THE PRODUCTThe price of the product (which includes VAT where payable) will be the price quoted on the website on the day you placed your order. The price varies according to the country where your order is to be delivered. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.

 

12.2.

WHAT HAPPENS IF WE GOT THE PRICE WRONG

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

 

12.3.

WHEN YOU MUST PAY AND HOW YOU MUST PAY

We accept payment with Sagepay and Paypal. You must pay for the products before we dispatch them. We will charge you by your specified payment method as soon as your order is placed. We are fully compliant with the latest Payment Card Industry Data Security Standards.

 

12.4.

WE CAN CHARGE INTEREST IF YOU PAY LATE

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

 

12.5.

DISCOUNTED PRODUCTS

If you qualify for a discount linked to the amount you have spent on our products and subsequently return some of those products, the discount which was applied to your order will either be dis-applied or reduced, as appropriate, to reflect the revised amount of the order. Discount codes must be used by the specified expiry date.

 

OUR RESPONSIBILITIES

13.1.

WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY USIf we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Subject to 13.2 below, our total liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the products you purchased.

 

13.2.

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.3; and for defective products under the Consumer Protection Act 1987

 

13.3.

WE ARE NOT LIABLE FOR BUSINESS LOSSES

www.studiowilliam.com only supplies products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1.

HOW WE WILL USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to us:
a) To supply the products to you;
b) To process your payment for the products this includes sharing your information with our agents such as Sagepay and Paypal so that they can carry out credit card security and fraud checks;
c) To ensure that your payment method is not being used without your consent we shall use your personal information to consult appropriate third party databases; and
d) If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

 

14.2.

We will only give your personal information to other third parties where the law either requires or allows us to do so.

 

OTHER IMPORTANT TERMS

15.1.

NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

 

15.2.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

15.3.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

15.4.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 


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