Terms of Sale

In the conditions which follow, “we”, “our” “ours” and “us” means Made in Cumbria Trading Ltd, a company registered in England and Wales with registered number 4050302, VAT registration number 758 8558 61, “you”, “your” and “yours” means you, the buyer of an item, and an “item” means an item displayed on the Made in Cumbria website (“the website”) as being for sale.

These conditions will not apply to any order made by you for goods which are shown on the website to be being made available by us acting as agent for a third party (“the Principal”) and we will not be a party to the contract for such goods. In these circumstances the contract for goods will be between you and the Principal and we will not be liable to you in any manner.

We sell and deliver products only to customers in the United Kingdom and will not sell or deliver to any person, firm or corporation outside the United Kingdom.

1 The Contract between You and Us

1.1 If you buy an item from us online you will be charged for that item at the time you place your order. After that time, you may not amend your order (but please see our cancellation policy in condition 3 below).

1.2 Your order is an offer from you to buy from us. Nothing that we do or say shall have the effect of accepting your offer until we actually send to you the item you have ordered, and at that time a contract will be made between you and us in respect of that item. At any point up until that time we may decline to supply an item to you. If we decline to supply an item to you, we will give you a refund of any amount already paid by you for that item.

1.3 Where items are sent to you separately, our acceptance of your order in respect of each item takes place when that item is sent to you.

We must receive payment of the whole of the price for the item that you order before your order can be accepted. Once payment has been received by us, we will acknowledge that your order has been received by sending an email to you at the email address you provide in your order form.

2 Description and Price

2.1 If an item is out of stock we will advise you by email and ask you whether you wish to wait for the item in question to be restocked by us, or to purchase an alternative item. A full refund will be given where you have already paid for the item and do not wish to wait or to purchase an alternative. An order for large quantities of any item may in any event be declined by us, at our discretion. If we do not supply a particular item, we will not be liable to you (but we will ensure that you are not charged for that item).

2.2 Some items are only available to purchasers above a certain age, and this is indicated where appropriate on the website.

2.3 We take care to describe and show items on the website as accurately as possible, but slight variations from the descriptions given may exist, and we reserve the right to make changes which do not affect quality or performance in a material way. If you wish to obtain further information, (or there is anything that you do not understand) please contact us by e-mail or by telephone (to our telephone number shown on the website).

2.4 The prices payable for items which you order are as set out on the website (and include VAT, where VAT is chargeable) and we make every reasonable effort to ensure that prices shown for items are correct. However if, by mistake, we under-price an item, we will not be liable to supply that item to you at the stated price, so long as we notify you of the mistake before we send the item to you. In those circumstances, we will advise you of the correct price so that you may decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund of any sum you have already paid for that item.

2.5 You will be required to pay separately, and in addition, for delivery. Our delivery charges are set out on the website.

3 Right for you to cancel your contract

3.1 Except as mentioned below, you may cancel your contract with us for any item you order at any time up to the end of the seventh working day from the date you receive the ordered item. You do not have to give us any reason for cancelling your contract, and you will not have to pay any penalty for cancellation.

3.2 Please note that your right to return an item does not apply to certain items (unless the item has a fault, in which case the provisions of condition 6 will apply). Such items include:

• CDs, DVDs, videos and computer software which (if sealed) have been unsealed and which we may restrict to an exchange for another copy of the same title;
• perishable items;
• items which cannot be resold for health and hygiene reasons once they have been unwrapped;
• items specifically commissioned by, or personalised for, you.

3.3 You are required to take all reasonable care of items which you wish to return to us. Please return each such items in its original condition and in its original and undamaged packaging. If an item is returned undamaged in its original and undamaged packaging, we will make you a refund in accordance with these conditions.

3.4 To cancel your contract you must notify us by e-mail or by telephone. Cancellation will be effective when we send you an email confirming that the contract has been cancelled

3.5 If you have received the item before you cancel your contract then (unless, under condition 3.2, you do not have a right to cancel) you must send the item back to our contact address as specified on the website at your own cost and risk. If you cancel your contract but we have already processed the item for delivery, you must not unpack the item when it is received by you, and you must send the item back to us at our contact address at your own cost and risk as soon as is practicable.

3.6 If you do not return an item after you have cancelled the contract for its purchase, you will be deemed to have accepted it, and a new purchase contract will be made between us under which you will be charged for your order at the price for the item in question then shown on our website.

3.7 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card or debit card will be re-credited to your account as soon as practicable and in any event within 30 days of your order so long as the item in question has been returned by you and received by us in the condition it was in when it was delivered to you.

4 Cancellation by us

4.1 We reserve the right to cancel the contract between us if:

4.1.1 we have insufficient stock to deliver the item you have ordered; or

4.1.2 one or more of the items you ordered was listed at an incorrect price, as mentioned at condition 2.4 above.

4.2 If we cancel your contract with us we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as practicable but in any event within 30 days of your order. We will not be obliged to offer any compensation for disappointment, or other loss, which you may suffer.

5 Delivery to You

5.1 We will deliver items ordered by you to the address you give us for delivery at the time you make your order. We only deliver to addresses within the United Kingdom.

5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

5.3 You will become the owner of the items you have ordered when they have been delivered to you. Once items have been delivered to you they will be held at your risk and we will not be liable for their loss, damage or destruction.

5.4 We use a variety of delivery methods, which are described on the website.

5.5 Sometimes a signature is required at delivery. By placing an order you authorise us to take a signature from another person on your behalf if you have to sign for an item but you are not present when we deliver. We may, if we so wish, leave an item in a safe place if no one is present at the time of delivery. In these circumstances we (or our delivery company or other agent) will leave a card stating where the item has been left.

5.6 If you do not take delivery of an item, or do not supply adequate delivery instructions, we may cancel your order and retain the item. If this happens, we will refund the price of the item (unless it is perishable) but you will still be liable to pay for delivery and for any reasonable loss which we suffer.

6 Liability

6.1 If an item we deliver is not what you ordered or is damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem by e-mail within 10 working days of the delivery of the item in question. Upon receipt of your notification we will send you by e-mail a return tag, which you will attach to the item (if it is to be returned to us).

6.2 If you do not receive an item ordered by you within 30 days of the date on which you ordered it, we shall have no liability to you unless you notify us in writing by e-mail of the problem within 40 days of the date on which you ordered the item. If you notify a problem to us under this condition, our only obligation will be, at your option:

6.2.1 to make good any shortage or non-delivery;

6.2.2 to replace or repair any item that is damaged or defective; or

6.2.3 to refund to you the amount paid by you for the item in question in whatever way we choose.

6.3 Items sold by us are for your personal use only, and we will not be liable to you for any business losses such as loss of data, loss of profits, business or goodwill or business interruption, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the item in question under condition 6.2.3 above.

6.4 You must observe and comply with all applicable regulations and legislation relating to the purchase of items from our site.

6.5 Nothing in these terms and conditions limits any rights you might have as a consumer or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence, or for fraud or for fraudulent misrepresentation.

7 Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent by e-mail and all notices from us to you will be sent to you by email or displayed on our website from to time.

8 Events beyond our control

We shall have no liability to you for any failure to deliver items you have ordered or any delay in doing so or for any damage or defect to items delivered that is caused by any event or circumstance beyond our reasonable control.

9 Waiver

If you breach these terms and conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms and conditions.

10 Privacy

You acknowledge and agree to comply with the terms of our privacy policy.

11 Third party rights and Transfer of Rights

11.1 Except for our directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

11.2 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions to another business where we reasonably believe your rights will not be affected.

12 Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

13 Entire agreement

These conditions, together with our current website prices, delivery details,contact details] and privacy policy, set out the whole of our agreement relating to the supply of any item to you by us. Nothing stated by any sales person on our behalf should be understood as a variation of these conditions or as an authorised representation about the nature or quality of any item offered for sale by us. Except for fraud or fraudulent misrepresentation, we shall have no liability if any such representation is untrue or misleading.