These Sale Terms and Conditions "Terms" form a contract between you and ("Lush Numnahs", "Us", "We" or "Our") for the sale of Goods from this website. Lush Numnahs is owned by North Star Services (joint partners Graeme & Fiona Tyson) and our postal address is 11 Oxenpark Gate, Bridford, Devon, United Kingdom, EX6 7RJ
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| 1 Your Use of the Site |
| This Site and the services provided on the Site are for personal and non-commercial use. You must not use any materials contained in the Site except to the extent necessary for your own personal use. You shall not use the Site for any illegal or immoral purpose or link this Site to any other site without our prior consent. You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that contains any virus or other harmful component or message. |
| 2. Prices |
The prices payable for the items that you order are clearly set out on the Site. All prices are expressed inclusive of any VAT payable. Delivery charges are calculated during the checkout process.
Every effort is made to ensure that prices shown on the Site are correct. In the unlikely event that an error is made in the price shown on the Site, We will not be liable to supply the product to you at the stated price. In those circumstances, We will not dispatch the item but will notify the correct price to you so you can decide whether or not you wish to order the product at that price.
Product information is included on the site and if there is anything which you do not understand, or if you want more information, please contact us. |
| 3. Availability |
| Many of our items are tailor made and you should allow up to four weeks for manufacture and delivery. |
| 4. Acceptance |
| There will be no contract of any kind between you and us unless and until you receive confirmation from us that the goods are being dispatched. Your order is an offer to buy from us. Nothing that We do or say will amount to any acceptance of that offer until We actually confirm that the goods are being dispatched. At any point up until then, We may decline to supply the goods to you without giving any reason. |
| 5. Delivery |
| We shall deliver the goods to the delivery address that you supply. We aim to deliver your order to you in one single delivery (subject to availability) and as quickly as possible. We will advise you by email if there is likely to be an extended delay in dispatching your order. The items shall normally be posted to you by Royal Mail although we may use other carriers from time to time. We will make all reasonable efforts to deliver items promptly. |
| 6. Returns |
| Please see our returns policy page - especially in connection with custom made items. |
| 7. Payment |
We request payment as set out in the Site.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items. |
| 8. Customer Queries or Complaints |
If you have any queries or complaints concerning your order, the Site, technical problems etc, you can contact us by:
- Email: use the contact form
- Post: Lush Numnahs, 11 Oxenpark Gate, Bridford, Exeter, EX6 7RJ
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| 9. Our Liability to You |
We promise that all items will correspond with their relevant description on the Site, that they will be of satisfactory quality and fit for the purpose for which they are sold. We also promise that any service We provide to you will be provided with reasonable skill and care. We exclude all other express or implied terms, conditions, warranties, or representations whatsoever with regard to the sale of goods or any information or service provided through the Site.
Save in the case of death or personal injury due to Our negligence or where we have acted fraudulently, Our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the item or to the provision of a replacement copy of the item concerned (at our sole discretion). We accept no liability for any indirect or consequential loss or damage, however caused, even if foreseeable.
The above limitations on Our liability do not affect your non-excludable statutory rights as a consumer.
Except in respect of a payment obligation, neither party will be liable for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, acts of God and technical difficulties. |
| 10. Waiver and Severance |
| Any failure, or delay by either party in exercising any right or remedy under these Terms shall not constitute a waiver of that, or any other, right or remedy. If any provision of these Terms is held to be invalid or unenforceable by any court or other competent authority, all other provisions will remain in full force and effect. |
| 11. Assignment |
| You agree that We may assign any of Our rights and/or transfer, sub-contract or delegate any of Our obligations under these Terms. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. |
| 12. Variation of these Terms |
| In the event that We alter these Terms We shall take all reasonable and appropriate steps to notify you of such changes, for example, by prominently displaying the amended version on the Site. If you do not agree to the amended Terms, please do not continue to buy goods on the Site. |
| 13. Notices |
All notices shall be given:
- to Us via email using the contact form; or
- to you at either the e-mail or postal address you provide during any registration or ordering process or by Us publishing relevant information on the Site.
Notice will be deemed received either when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt), three days from the date of posting where any notice is posted to you, or immediately upon publication of any relevant information on the Site. |
| 14. Governing Law |
| These Terms are governed by and are to be construed in accordance with English law. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms. |