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Terms and Conditions
Please read these terms and conditions carefully
before using our website as they affect your rights and liabilities under
law. By using this Website or making a purchase either electronically via
this Website, or by phone or fax, or in person, You agree to be bound by
these Terms including Our Disclaimer.
1. Definitions and Interpretations
1.1 In these Terms the following words shall mean:
Contact Email: info@oldtincan.co.uk
Contract - these Terms and the Order;
Goods - the goods purchased by You from Us;
Order - the order for Goods placed by You and accepted by Us subject to
these Terms;
Order Form - the order form submitted by You subject to these Terms
setting out the Goods You wish to Order;
Us, Our, We – Old Tin Can Limited is a company registered in England and
Wales with company number 6174149
Website - the website identified by the URL http://www.oldtincan.co.uk/;
You, Your - the person or organisation using the Website or buying Goods
from Us pursuant to these Terms.
1.2 In these Terms references to “in writing” shall
include e-mail. Any queries regarding these Terms, the Goods or Your Order
must be made to the Contact Address.
2. Goods Information
Due to the nature of the product, designs, colours, sizes and shapes of
the Goods for sale on Our Website may vary depending on which brand of can
is available to the artist at the time of creating the product. For
specific brand or colour can requests please contact us with your specific
requirements, and whilst an exact requirement match cannot be guaranteed
we will endeavour to obtain the closest match possible. You acknowledge
and accept however that sizes, colours, shapes and patterns shown on the
Website are approximate only.
3. The contract between you and us
We must receive payment of the whole price for the goods that you order
before your order can be accepted. Once payment has been received by us we
will confirm that your order has been received by sending an e-mail to you
at the email address you provide in your order form.
4. Right of Cancellation
You have the right to cancel the Order up to the point at which the Goods
are dispatched by Us. If you wish to cancel pursuant to this clause then
You must notify Us in writing. Should You cancel Your Order before
dispatch any deposit monies You have paid (if applicable) will be non
refundable, however any other monies over and on top of any deposit You
have paid Us will be refunded to You within 21 days of the Order being
cancelled. Credit card charges will be refunded on the same credit card
only. Our acceptance of an Order does not take place until dispatch of the
Order, at which point a purchase statement will be made and emailed to You
and/or included with Your ordered product.
5. Price
5.1 The price payable for Goods that you Order are as set out in Our
Website;
5.2 The prices payable for Goods exclude delivery
charges. Delivery charges are shown separately when ordering Your Goods.
5.3 Prices are subject to change without notice.
5.4 Prices are inclusive of VAT.
5.5 The Prices are exclusive of any import or export
duty.
6. Cancellation by Us
6.1 We reserve the right to cancel the Contract if:
a. we have insufficient stock to deliver the Goods You have ordered; or
b. we are unable to deliver to Your area or country; or
c. if one or more of the Goods You ordered was listed with incorrect
information including without limit price, and/or description for whatever
reason; or
d. if We have reason to believe that You will fail to pay for the Goods or
that You will not comply with these Terms.
7. Delivery of Goods to You
7.1 Subject to clause 7.4, We will deliver the Goods ordered by You to the
address You give Us for delivery at the time You make Your Order.
7.2 Delivery will be made as soon as possible after
your Order is received.
7.3 You will become the owner of the Goods you have
ordered when You have paid for them and when they have been delivered to
You. Once Goods have been delivered to You they will be held at Your own
risk and We will not be liable for their loss or destruction.
7.4 We will not deliver to a PO Box address. We also
reserve the right not to deliver Orders if We believe the address is not
secure, for example a communal postal address.
8. Liability and Limitation
8.1 If the Goods We deliver are not what You ordered or are damaged when
You receive them or the delivery is of an incorrect quantity, We shall
have no liability to You unless you notify Us in writing at our Contact
Address of the problem within seven (7) working days starting from the
date immediately after the delivery of the Goods in question.
8.2 Save as precluded by law,
We will not be liable to You for any indirect or consequential loss,
damage or expenses ( including loss of profits, business or goodwill)
howsoever arising and in any event our maximum liability to You shall be
to refund to You the amount paid by You for the Goods giving rise to the
claim.
8.3 You must observe and comply
with all applicable regulations and legislation, including obtaining all
necessary customs, import or other permits to purchase Goods from Our
Website. The importation or exportation of certain of our Goods to You may
be prohibited by certain national laws. We make no representation and
accept no liability in respect of the export or import of the Goods you
purchase.
8.4 Notwithstanding the above,
nothing in these Terms is intended to limit any rights you might have as a
consumer under applicable local law 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.
8.5 You acknowledge and accept
that save as expressly stated on the Website We give no representation,
warranty or statement as to the Goods including without limit their
quality and/or suitability.
9. Notices
Unless otherwise expressly stated in these Terms, all notices from You
to Us must be in writing.
10. Events beyond our control
We shall have no liability to You for any failure to deliver Goods You
have ordered or any delay in doing so or for any damage or defect to Goods
delivered that is caused by any event or circumstance beyond our
reasonable control including, without limitation, strikes, lock-outs,
terrorism and other industrial disputes, breakdown of systems or network
access, flood, fire, explosion or accident.
11. Invalidity
If any part of these Terms is unenforceable (including any provision in
which We exclude our liability to You) the enforceability of any other
part of these conditions will not be affected.
12. Third party rights
A person who is not a party to this Contract has not got any rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of
this Contract but this does not affect any right or remedy of a third
party that exists or is available apart from that Act.
13. Governing law
This Contract shall be governed by and interpreted in accordance with
English law and the English Courts shall have jurisdiction to resolve any
disputes between us.
14. Complaints
If You have any concerns or complaints about the Goods, this Website or
the service You have received then please write to Us at the Contact
Address.
15. Entire Agreement
These Terms, together with out current Website prices and delivery
details, set out the whole of our agreement relating to the supply of the
Goods to You by Us. Nothing said by any sales person on our behalf should
be understood as a variation of the Terms or as an authorised
representation about the nature or quality of any Goods offered for sale
by Us. Save for fraud or misrepresentation, We shall have no liability for
any such representation being untrue or misleading.


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