This agreement is between Colourfield Company (referred to as “us”, “our” or “we” in these terms) and the visitors to our website colourfield.london (referred to as “you” or “your” in these terms). In consideration of our making available this website for your use, you accept the terms of this agreement by your use of this website.
This website is controlled by Colourfield Company.
Our website and all of the related pages including but not limited to content, code, software, graphics or other material contained in or electronically distributed on this website is owned by us or licensed to us and is protected by copyrights, trade marks, service marks, patents or other proprietary rights or laws. Unauthorised use of any copyrighted materials; trade marks or any other intellectual property without the express written consent of the owner is strictly prohibited.
We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only, and not for any commercial purpose whatsoever. In particular, notwithstanding the provisions of paragraph 3 above, you may not do any of the following without obtaining prior written permission from us: Redistribute or modify any of the content of our website. Remove any copyright or trade mark notices from any copies of the content. Create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website.
This website contains hyperlinks to websites owned and controlled by third parties which are not under our control and we are not responsible for the contents of any linked third party site. The links are provided for your convenience and any such link does not imply endorsement by us of the site nor does it imply that there is any association between us and the operators of the site.
We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this website or on any website to which it is linked. We make no representations or warranties concerning the accuracy, completeness or suitability for any purpose of the information and related graphics contained on this website or on any website to which it is linked. We do not warrant that our website or any website to which it is linked or any relevant server are free of computer viruses or other harmful applications.
You agree that we may collect, store and use information about you in accordance with our Privacy Statement.
We shall not be liable to you (except in respect of injury or death of any person resulting from our negligence) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise, for any loss of profit, business, contracts or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our website. If you enter our website you agree that this paragraph 8 relating to limitation of liability is reasonable and that it reflects the nature of our website.
If any term of this agreement is held to be invalid or unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms of this agreement.
This agreement shall be governed by and construed in accordance with the laws of England and Wales and be subject to the exclusive jurisdiction of the Courts of England and Wales.
Garcia McDowell Limited
Registered offices at Unit 4 Newton Moor Industrial Estate, Lodge Street, Hyde, Cheshire, SK14 4LE
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions:
Reference to “we” and “us” is a reference to Garcia McDowell, T/A Colourfield Company
Reference to “you” is a reference to the purchaser of the Goods from us.
“Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms.
“Goods” means the products and other items purchased by you from us.
“Terms” means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
2.1 The price of Goods quoted on our website includes VAT (Value Added Tax) where applicable. Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.
2.2 The cost of packaging and postage/carriage is shown separately and (in the case of special or overseas orders) will be quoted by us on request and payable separately from the price of the Goods.
2.3 All published prices are subject to change at any time without notice.
3. ORDERING GOODS ONLINE
3.1 You confirm to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will be confirmed as soon as reasonably practicable and in any event before delivery of the Goods.
3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
5.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
5.2 Payment online will be made by Paypal, credit or debit card. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
5.3 Credit & debit card payments are made on the bank site using secure SSL encryption.
6.1 We will give you an estimated delivery date for the Goods. No times or dates provided by us are guaranteed but, unless otherwise agreed, we will deliver Goods within 30 days from the date we confirm acceptance of your order.
6.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
6.3 You must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
7.1 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you receive the Goods (or a third party indicated by you receives them). In the case of multiple deliveries under a single order, the cancellation period runs from receipt of the last delivery.
7.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, e.g. a letter sent by post, or e-mail to the following address:
Unit 4 Newton Moor Industrial Estate,
7.3 You must communicate your decision to cancel the Contract to us before the cancellation period has expired.
7.4 You must take reasonable care of all Goods in your possession and return them to us, at your expense, appropriately packaged to avoid damage, within 7 days following the cancellation date.
7.5 .If you cancel this Contract, we will refund all payments received from you. We may make a deduction from the refund for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
7.6 We will make the refund without undue delay, and not later than (a) 14 days after the day we receive back from you the Goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or (c) if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.7 We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund
7.8 In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will have the right to cancel the Contract, but will incur a £10 charge.
8. RISK AND OWNERSHIP
8.1 The risk of loss or damage to Goods passes to you when you actually receive the Goods (or when they are received by some third party that you identified to take possession of the Goods). If you have agreed to arrange collection collect the Goods from us, the risk in those Goods passes to you on collection by you or your carrier.
8.2 Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.
8.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
8.4 You have no right to re-sell any Goods until payment has been received in full by us.
9. WARRANTIES AND LIABILITY
9.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
9.2 We will not have any responsibility for any damage which occurs to the Goods after you receive them.
9.3 If any defect in any Goods appear within [6 months] of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
9.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
9.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
10.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to email@example.com and you must send them so as to return an acknowledgement of receipt.
11. CUSTOMER DEFAULT
Then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
12. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
13.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
13.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
13.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
14. INTELLECTUAL PROPERTY
Where the Goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.
Customers have no rights to the designs created in the Colourfield Design Studio, online or in our physical shop.
15.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
15.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
16. GOVERNING LAW
These Terms and the Contract between us are governed by English law.
All Colourfield company satchels can be returned, within 7 days of receiving the bag, provided they are in their original packaging, all labels are still attached and the satchel is in perfect condition. Please email firstname.lastname@example.org to arrange the return of your satchel.
Satchels designed in the online studio can be returned, but have a £10 returns charge.
The price of postage is the responsibility of the customer.
If for some reason your bag is damaged or faulty please contact us at email@example.com within 28 days of receiving your order and let us know that you are returning your bag. Bags must be returned unworn and in their original packaging, all labels still attached. We will send you out a replacement as soon as it arrives back with us.