Terms and Conditions of Use and Sale - Woodcocks of Blyth
Use of this website and purchases made are governed by terms and conditions. The full text of the agreements you make by using woodcocksofblyth.co.uk and purchasing from us can be found below for your convenience.

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Terms of Use
1. Introduction
1.1 Please read these terms and conditions carefully before using www.woodcocksofblyth.co.uk (’the Website’) operated by H J Woodcock Limited (trading as Woodcocks of Blyth), a limited company registered in England & Wales, Registration Number 193851, Registered Office Church Street, Blyth, Northumberland. NE24 1BA (‘Woodcocks of Blyth,’ ‘we’ or ‘us’). In particular, we draw your attention to clauses 8 (Applicability of online materials) and 12 (Liability). We are registered for VAT purposes with HM Customs & Excise and our VAT registration number is 175805248.
1.2 Without prejudice to the above, by using or accessing our Website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our Website.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our Website.

2. Nature of our Website
2.1 Our Website is a place for you to browse and purchase curtains and other home furnishings (‘Services’). Our Website describes the Services in more detail.
2.2 Please note that the contents of our Website are aimed at users aged 18 and above

3. Our Services
3.1 To use our Services you will need to follow the procedures set out on our Website. Details of products sold are listed on the website.
3.2 We may change the details of any Service we offer or advertiser at any time. We try to ensure that our Services and any information displayed on our Website is accurate.
3.3 We are entitled to refuse you access to our Website and or any aspect of our Services.
3.4 You undertake that all details you provide to us for the purpose of purchasing from us on our Website will be correct.

4. Complaints
4.1 If you have any complaints, you should direct them to us via email at shop@woodcocksofblyth.co.uk or by post at H J Woodcock Limited, Church Street, Blyth, Northumberland, NE24 1BA.

5. Modifications to our Website
We reserve the right to alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content shall be subject to these terms and conditions.

6. Information you provide
6.1 The following applies to any information you provide to us, for example during any registration process:
* You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our Website by us or our sub-contractors. We may collect information about you if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
* You must ensure that the Personal Information you provide is accurate and complete.
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our Website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us at shop@woodcocksofblyth.co.uk
6.3 In addition, the following also applies to all messages, e-mails, postings, ideas, suggestions, concepts or other material submitted by you to us (‘Content’):
* you must own or have the right to submit Content for publication on our Website;
* you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
* we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
6.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.

7. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.

8. Applicability of online materials
8.1 Unless otherwise specified the materials published on our Website are presented solely for your private, personal and non-commercial use.
8.2 Our Website is controlled and operated by us from our offices in Blyth, Northumberland. Where content published on the Website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
8.3 We have used our best endeavours to ensure that our Website complies with UK law. However, we make no representations that the materials on our Website are appropriate or available for use in locations outside the United Kingdom.
8.4 We make no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to use the Services. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use of the Services by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

9. Copyright and monitoring
The contents of our Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is H J Woodcock Limited or other third party licensors. All company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our Website for the sole purpose of using our Services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

10. Linked sites
We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

11. Availability of our Website
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device.

12. Liability
12.1 We promise that in relation to the Services on our Website, we have the right to advertise the service;
12.1.2 We cannot warrant that the Services will correspond with the description given by the advertiser, nor that it will be of a satisfactory quality or fit for a particular purpose that you may have notified to the advertiser; and
12.1.3 We promise that any service we provide to you will be provided with reasonable skill and care.
12.1.4 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Services, our Website or any information or service provided through our Website.
We will do our best to ensure that all materials and information published on our Website are accurate, but please note that all materials and information on our Website are provided on an ‘as is’ basis.
12.2 In relation to your relying on our Service or any service provided by the advertisers on our Website, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person.
12.3 If we are liable to you for any reason, our liability will be limited to the sum of (whichever is the higher amount) £1 or other amount paid by you to us for registering to use our Services. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
12.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

13. General
13.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
13.2 We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.
13.3 These terms and conditions together with the privacy policy, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions.
13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.5 These terms and conditions and your use of our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
13.6 Neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
13.7 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

14. Notices
14.1 All notices shall be given:
* to us via email at shop@woodcocksofblyth.co.uk; or
* to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

15. Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of our Website.

Further Information
For Terms & Conditions enquiries please contact: H J Woodcock Limited, Church Street, Blyth, Northumberland, NE24 1BA. Telephone (+44) (0)1670 352171. Facsimile (+44) (0)1670 353767.
 

 

Terms and Conditions of Sale
1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5 "Seller" means Woodcocks of Blyth of Church Street, Blyth, Northumberland, NE24 1BA that owns and operates woodcocksofblyth.co.uk;

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

4 PRICE AND PAYMENT

4.1 The Price of the Goods shall be that stipulated on the Seller's Website. The Price is inclusive of VAT. The Price includes delivery charges except where deliveries are to be made outside the British mainland where a delivery surcharge of £15 is payable.

4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order, except where deliveries are to be made outside the British mainland where a delivery surcharge of £15 is added to the value in the shopping cart.

4.3 After the order is received the Seller shall confirm by email the details of the order.

4.4 Payment of the Price plus VAT and delivery charges must be made in full before despatch of the Goods.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.

5.2 The Seller reserves the right to withdraw any goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7 WARRANTY

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.

8 DELIVERY

8.1 Goods supplied within the UK will normally be delivered within 28 working days of acceptance of order.

8.2 Goods cannot be supplied outside the UK.

8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

8.5 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

9 CANCELLATION AND RETURN

9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email at shop@woodcocksofblyth.co.uk within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.

9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email at shop@woodcocksofblyth.co.uk within 7 working days of receipt of the Goods. Goods must be returned unopened and undamaged in their original packaging.

9.4 Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.

9.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.

9.6 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.

10 LIMITATION OF LIABILITY

10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.

11 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.