Terms & Conditions

Terms & Conditions

Welcome to the Rowan Tree. By using our website you comply with

the following terms and conditions. These terms and conditions relate to

any merchandise that you offer to purchase. We may update our terms and

conditions at any time at our discretion. These terms and conditions do not affect your statutory

rights as a consumer.

Your Agreement with Us

  1. These terms and conditions, together with the order form, confirmation

form and privacy policy constitute the entire agreement between you and us

relating to the provision of the merchandise (“the Agreement”), and supersede

any previous agreements, arrangements, undertakings or proposals, written

or oral, between us in relation to this, and all past courses of dealing or

industry custom. No oral explanation or oral information given by any party

 shall alter the interpretation of these terms and conditions. In agreeing to these

terms and conditions, you have not relied on any representation other than

those expressly stated in these terms and conditions, and you agree that you

shall have no remedy in respect of any misrepresentation which has not been

made expressly in these terms and conditions.

  1. We are not making a legal offer to you to provide the goods; we are inviting

you to make a legal offer to us to purchase the goods. It is entirely at our

discretion to accept or reject the offer to purchase.

  1. The Agreement is concluded only when we have accepted your order by

sending you a confirmation form (with the date of conclusion of the Agreement

being the date shown on that confirmation form).

General

  1. Payment can be made using any of the methods listed on this web site and

will be debited when we have accepted your offer to purchase.

  1. Our acceptance of your offer to purchase merchandise is subject to their

availability. Our acknowledgement of order acceptance via web or e-mail is

not a guarantee of delivery. We will inform you if we are unable to deliver the

goods which you have offered to purchase and a full refund will be given.

  1. Every effort has been made to ensure the descriptions and price of goods

are correct. We will inform you as soon as possible in the event of an error in

pricing or description coming to our attention. Where we notify you of such an

error, you will have the option to complete the purchase subject to the error

being corrected or retracting your offer to purchase and receiving a full refund.

Limitation of Liability

 

 

  1. Nothing in these terms and conditions is intended to exclude any provision

of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer

Contracts Regulations 1999, or of any other legislation designed to ensure

that the rights of parties to a contract of the type of this Agreement (i.e.

standard terms and conditions which are not individually negotiated) are fairly

balanced.

  1. Subject to the aforesaid, we shall not be liable to you for any loss

or damage unless such loss or damage arises as a direct result of our

negligence, recklessness or wilful misconduct, or fraud or misrepresentation

on our part.

  1. To the fullest extent permitted by applicable law, we disclaim all liability for

our employees’ or sub-contractors’ negligence.

  1. We may include links from time to time from our website to other internet

sites. We have no control over the content of such sites and disclaim any

liability in respect of your use of such sites.

  1. All conditions, terms, representations and warranties relating to the Goods

which are not expressly stated in this Agreement are hereby excluded to the

fullest extent permitted by law.

  1. Our total liability to you in respect of any claim by you arising out of or in

connection with the provision (or the failure to provide) the Goods shall be

limited to the value of the goods supplied.

  1. No claim by you against us shall be valid unless you have notified us of

the details of the claim within one year of it arising. 8. Every provision of

this clause 11 excluding or limiting liability shall be construed separately,

applying and surviving even if for any reason any of these provisions is held

inapplicable or unenforceable in any circumstances, and shall remain in force

notwithstanding the expiry or termination of this Agreement.

Indemnity

IMPORTANT: IN THIS CLAUSE YOU AGREE THAT YOU WILL BE LIABLE

FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US)

SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU

OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ

IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE

GOODS UNLESS YOU AGREE TO THIS CLAUSE.

You agree that you shall be liable for, and hereby agree to indemnify us on

demand in respect of any and all demands, liabilities, losses, costs and claims

(including reasonable legal fees) sustained or incurred by us, our agents,

suppliers, resellers, our customers, officers or employees, and arising as a

result of breach by you of this Agreement.

Website Content

We have used reasonable care and skill in compiling the content of our

website but make no warranty, express or implied, as to the nature or

accuracy of any material on the website and cannot accept liability for any

particular material on the website or as a result of any use of or reliance

placed upon information contained within the website. The confirmation form

is conclusive as to the charges and the description of the service. Although

every effort is made to ensure complete accuracy, some prices or details

shown on the website may change from time to time, and it is possible that

errors will occur. We will use reasonable endeavours to rectify any errors as

quickly as possible.

Privacy

The Rowan Tree is committed to ensuring that your privacy is protected.

Should we ask you to provide certain information by which you can be

identified when using this website, then you can be assured that it will only be

used in accordance with this privacy statement. The Rowan Tree may

change this policy from time to time by updating this page. You should check

this page from time to time to ensure that you are happy with any changes.

If a customer wishes for their information to be removed from our database,

this should be requested in writing to:

 

The Rowan Tree,

7 Fore Street,

Budleigh Salterton,

Devon.

EX9 6NG

 

This policy is effective from July 2017

.

Contact Details

We aim to provide you with excellent customer service and we are always

here to help. If you need to contact us for any reason please call us on 01395 446066 alternatively you can contact us via email – shop@rowantreegifts.co.uk.

We shall respond to any communication received by us as quickly as we can.

 

Law and Jurisdiction

Contracts for the purchase of merchandise through our website shall be

governed by the English law. Any dispute arising from, or related to, such

contracts shall be subject to the exclusive jurisdiction of the courts of England.

 

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