Cherished Urns Terms & Conditions
At Cherished Urns we are very transparent about how we operate as a business.
Detailed below is our full set of terms and conditions for your perusal, but to save you a lot of time here is a quick summary:
All products are sold with our standard 1 year guarantee
14 day returns policy – no questions, no quibbles
For full details against the above and more, please read on:
Terms and Conditions of Cherished Urns
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website cherished-urns.co.uk, eBay store and / or Amazon store (Site) to you. Please read these terms and conditions carefully before ordering any Products or Services from our site. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
You may take a copy of these terms and conditions for future reference, however as a sustainable company we do ask that you consider the environment before printing.
1. INFORMATION ABOUT US
1.1 Cherished Urns has a main trading address of Studio F1, Old Bakery Studios, Blewett’s Wharf, Malpas Road, Truro, TR1 1QH. You can contact us via email at email@example.com or by telephone on 01872 487101.
2. YOUR STATUS AND REGISTRATION
2.1 By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old
2.2 By ordering any of the Products or Services, you agree to be legally bound by these terms and conditions as may be modified or amended and posted on this site from time to time.
2.3 When registering on the site, you must choose a username and password. You are responsible for all actions taken under your chosen username and password. By registering on this site, you undertake;
2.3.1 That all the details you provide to us for the purpose of registering on the site and purchasing the Products or Services are true, accurate, current and complete;
2.3.2 To notify us immediately of any changes to the information provided on registration or to your personal information;
2.3.3 To only use the site using your own username and password;
2.3.4 To change your password immediately upon discovering that it has been compromised; and
2.3.5 You authorise us to use your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
2.4 We reserve the right to terminate any contract formed with you pursuant to clause 3 and to suspend or terminate your access to the site immediately and without notice to you if:
2.4.1 You breach any of these terms and conditions (repeatedly or otherwise);
2.4.2 You are impersonating any other person or entity;
2.4.3 When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; or
2.4.4 We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the site.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order for a Product, you will receive confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when we dispatch your items and send you an email to confirm dispatch (Dispatch Confirmation).
3.2 The Contract will relate only to those Products we dispatch to you. We will not be obliged to supply any other Products which may have been part of your order until those Products become available to us for dispatch.
3.3 You are responsible for ensuring the validity of the details provided by you during the order process. We will not accept an order unless all details requested from you have been entered correctly.
3.4 Cherished Urns reserves the right to cancel and fully refund any order which presents damaging conditions to the business. This includes invalid voucher codes or coding errors which result in incorrect pricing appearing on the site. In any such event, the customer will be contacted and these conditions fully explained.
3.5 You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
3.6 We may, at our absolute discretion, accept orders for Products from individuals located outside the United Kingdom and ship them to a destination in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards applicable to such Products. If we accept your order, you will be liable to pay, in advance, for all and any additional costs that we incur in order to facilitate your order, such as (without limitation) extra shipping or postage costs.
3.7 If we agree to supply any Products ordered from the site for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes and you will be responsible for payment of any such duties and/or taxes.
3.8 Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to inspection by customs authorities and may be opened.
3.9 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, then subject to clause 4.3, you may cancel a Contract within the period beginning with the day we dispatch the Products (when the Contract is formed) and ending fourteen days after the day on which you received the Products. In this case, and in accordance with our returns policy (set out in clauses 9 & 10 below) you will receive a full refund of the price paid for the Products, but you will be responsible for the cost of returning the Products to us.
4.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as practicable, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 You will not have any right to cancel a Contract for the supply of any Products:
a) that have been custom made to suit your specifications; or
b) which by reason of their nature cannot be returned.
4.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights as a consumer.
5. AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the approximate delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible, unless there are exceptional circumstances. We shall not be liable for any delay in delivering the Products, however caused.
5.2 The Products will be delivered to the address you provided during the order process.
5.3 If you chose a next day delivery this will be delivered any time between 8am and 8pm and it is your responsibility to be available to receive the delivery.
5.4 For Christmas deliveries, we cannot guarantee delivery before 24th December and all approximate Christmas delivery times can be found on our site.
5.5 The Products may be sent to you by different carriers and we cannot guarantee you a choice of any particular carrier.
5.6 We employ professional carriers who are expected to take care of Products they are carrying. Nevertheless, you must (unless it is impracticable to do so) examine the Products on arrival to confirm that they are in accordance with the Dispatch Confirmation and that they are undamaged. You may be asked for a signature on delivery to confirm that the Products are in accordance with the Dispatch Confirmation and are undamaged.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 Subject to clauses 7.4 and 7.5 the price of any Products will be the price shown on our site from time to time.
7.2 We are not VAT registered, therefore our prices do not include VAT, nor will you be charged VAT.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. Where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 If a pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
7.6 Payment for all Products must be by credit or debit card or by using online payment provider PayPal. We accept payment with most major credit and debit cards, but excluding American Express. Payment will be debited and cleared from your account before the dispatch of the Products you have ordered.
7.7 By placing an order, you consent to payment being charged to your debit/credit card account via our online payment gateway.
7.8 When you pay for your order by any credit or debit card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
7.9 By accepting these terms and conditions you:
7.9.1 Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered; and
7.9.2 Authorise us to transmit the payment and delivery information provided by you during the order process (including any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.
7.10 We shall contact you should any problems occur with the authorisation of your card by way of a screen message at the time of making the order. In this case you will not have a confirmed purchase or order until this authorisation is cleared by other means you may have.
7.11 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our site.
8. QUALITY CONTROL
8.1 We undertake a quality control check which consists of a visual examination of the Product before dispatch.
8.2 In the unlikely event that you or your servant or agent discover a defect upon taking delivery of a Product, then notwithstanding your rights under clause 9.1b below, we require that you notify us as soon as possible, and in any event no later than 7 days from the date of delivery (or such longer period as we may, in our absolute discretion, otherwise agree to), and before any installation work is undertaken. We will then deal with the Product in accordance with our returns policy for defective products under clause 9.1b below.
9. OUR PRODUCT LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
9.2 The provisions in clause 9.3 shall only apply if you are contracting as a business and not as a consumer.
9.3 Subject to clause 9.6:
a). we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
b). our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products you have purchased.
9.4 We will have no liability to you for any losses, damages or expenses arising from your use or inability to use or access the site or from any action taken (or refrained from being taken) as a result of using the site.
9.5 Nothing in these terms and conditions shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
d) defective products under the Consumer Protection Act 1987; or
e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
10. CUSTOMER FEEDBACK
10.1 You warrant that any feedback or reviews submitted by you are:-
a) a true and genuine reflection of your reasonable opinion;
b) not defamatory in any respect;
c) submitted on the basis that they are for publication and you hereby grant us an irrevocable licence to publish and reproduce on the site any written material submitted by you.
10.2 You hereby undertake to indemnify us against all and any claims, expenses, demands and losses brought against us or suffered by us arising out of any written material submitted by you to us.
11. ACCESS TO CHERISHED-URNS.CO.UK
11.1 We will do our utmost to ensure that availability of our site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
11.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given (by letter) to Studio F1, Old Bakery Studios, Blewett’s Wharf, Malpas Road, Truro, TR1 1QH or (by email) to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 You and we each agree to be bound by these terms and conditions.
14.2 You may only transfer any of your rights or obligations arising under a Contract if we agree in writing.
14.3 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail or delay in asking you to comply with these terms and conditions this does not mean we have given up our rights and we can still require you to comply with these terms and conditions.
16.2 If we forgive (in writing) any particular default by you of your obligations under a Contract, that does not forgive any subsequent default by you.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. PRICE MATCH PROMISE
In the instance where you find a product that has the exact same SKU as one we have on the website, we will price match that product if it is advertised at a lesser price. Please contact our customer service team if you have found a product at a discounted rate before you place an order; you will need a copy of where you found the product to hand. Unfortunately, we cannot accept a price match promise retrospectively. In the instance that you find a product advertised elsewhere for a lesser price, but have already purchased said product, we will offer you a discounted difference against both products on your next order.