1.1 When the following words are used in these Terms, this is what they will mean:
(a) Balance: the price of the Goods (and any packaging, insurance, transport, delivery and VAT in respect of the Goods) less the Deposit.
(b) Bespoke Goods: any Goods which are made to your specifications or are personalised for you.
(c) Deposit: 50% of the price of the Goods.
(d) Delivery Location: where the you elect to collect the Goods from Us, the delivery location shall be Our premises or such other location as may be advised by you and where you notify Us that the Goods should be delivered, the delivery location shall be the location set out in the Order or such other location we may agree.
(e) Dispatch Notice: the notice in writing that the Goods are ready for collection or delivery.
(f) Event Outside Our Control: is defined in clause 10.2;
(g) Goods: the goods that we are selling to you as set out in the Order;
(h) Order: your order for the Goods;
(i) Specification: any specification for the Goods, including any related plans and drawings, that is agreed in writing by you and us;
(j) Technical Information: the technical information sheet set out in Annex 1 which forms part of these Terms and sets out how the Goods must be maintained.
(k) Terms: the terms and conditions set out in this document. The Terms shall be deemed to include the Specification and the Technical Information; and
(l) we/our/us: Classic Copper Limited (registered in England and Wales with company number 05320106).
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which we supply the Goods to you.
2.2 Please ensure that you read these Terms carefully, including the Technical Information and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake, please contact us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between you and us.
2.3 We consider that these Terms and the Order constitute the whole agreement between you and us.
2.4 When you submit the Order to us, this does not mean we have accepted your order for the Goods. Our acceptance of the Order will take place as described in clause 2.5. If we are unable to supply you with the Goods, we will inform you of this and we will not process the Order.
2.5 These Terms will become binding on you and us when we issue you with a written acceptance of an Order, at which point a contract will come into existence between you and us.
2.6 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.7 We shall assign an order number to the Order and inform you of it when we confirm the Order. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 The images of the Goods on our website, our catalogue or brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary from those images. Although we have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website or in our catalogue or brochure vary.
2.9 The Goods are made by hand from solid sheets of copper, zinc or brass and are dipped in chemicals to accelerate the oxidisation process and create the patina. As a result of this process, the precise colour of the patina varies from product to product. The patina may be further affected by air humidity, natural ageing of the constituent materials, weather conditions and the site chosen for the Goods so the colour of the patina will change over time.
3. Changes to order or terms
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
3.2 If we have to revise these Terms under clause 3.1, we will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 11.
3.3 You may make a change to the Order for the Goods within 7 calendar days of placing an Order by contacting us, except in the case of Bespoke Goods. Where this means a change in the total price of the Goods, we will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 11.1 in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11. In the case of Bespoke Goods, unfortunately, because we make these Goods to your specific requirements, you will not be able to cancel an Order once it is made.
4. Bespoke goods
4.1 Some of our Goods are made according to a Specification and measurements you provide to us or are personalised for you.
4.2 Please make sure your measurements and Specification are correct and accurate. Unfortunately, we cannot accept the return of Bespoke Goods if the reason for the return is because you provided us with incorrect measurements or Specification. However, this will not affect your legal rights as a consumer in relation to Bespoke Goods that are faulty or not as described in any Specification. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
4.3 You agree to indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with our use of a Specification or instructions that you have supplied us with. This clause 3.2 shall survive termination of the Contract.
5. Delivery of goods
5.1 We will do our best to ensure that the Goods are ready for delivery within 12 weeks of receiving the Deposit in full and cleared funds. When the Goods are ready for delivery, we will send you a Dispatch Notice and notify you that the Balance needs to be paid. Once we have received the Balance in full and cleared funds we will contact you to check whether you want to collect the Goods or whether you want the Goods to be delivered to you. If you opt for the latter, we will give you an estimated delivery date. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your delivery address. Please allow for extra time for deliveries outside the UK. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 10 for our responsibilities when this happens.
5.2 If you have asked to collect the Goods from our premises (details will be provided on request), you can collect the Goods from us at any time during our working hours of 9am to 5pm Monday to Friday.
5.3 Delivery of an Order shall be completed when we deliver the Goods to the address set out in the Order or where you elect to collect the Goods, when you collect the Goods from us.
5.4 If no one is available at your address to take delivery, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery.
5.5 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.6 The Goods will be your responsibility from the completion of delivery or where you elect to collect the Goods from us, when you collect the Goods from us.
5.7 You own the Goods once we have received the Deposit and the Balance in full and cleared funds.
5.8 Delivery shall be by way of a basic delivery service including freight charges only and shall not include any tail loading vehicles, installation of the product or removal of packing. Such services can be provided upon request at additional cost.
6. If the goods are faulty
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. Seller's guarantee of goods
7.1 We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 7.2.
7.2 This guarantee does not apply to any defect in the Goods arising:
(a) from fair wear and tear;
(b) from wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions set out in the Technical Information;
(d) if any third party who maintains the Goods or the areas surrounding the Goods on your behalf or as instructed by you fails to operate or use the Goods in accordance with the user instructions set out in the Technical Information;
(e) if your client or the end-user for whom you are purchasing the Goods fails to operate or use the Goods in accordance with the user instructions set out in the Technical Information;
(f) any alteration or repair by you or by a third party who is not one of our authorised repairers; and
7.3 any specification provided by you. The colour of the patina of the Goods will change due to the natural ageing of the constituent materials, air humidity, weather conditions and the site chosen by you for the Goods. This is normal and shall not constitute a defect in the Goods.
7.4 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.5 For the avoidance of doubt, you undertake to operate, use and maintain the Goods in accordance with the Technical Information, and to use your best endeavours to ensure that any third party acting on your behalf or as instructed by you, or any end-client, will do same.
8. Price and payment
8.1 The price of the Goods will be set out in our quotation which will be valid for a period of 3 months. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
8.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
8.3 The prices for the Goods exclude delivery costs, which will be added to the total amount due.
8.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our site, we will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
8.5 We may invoice you for the Goods at any time on or after acceptance of the Order pursuant to clause 2.4.
8.6 You shall pay the Deposit in full and in cleared funds within 7 days of the date of the invoice. You shall pay the Balance in full and in cleared funds within 7 days of the date of the Dispatch Notice. Payment shall be made to the bank account detailed on the invoice.
8.7 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.8 However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 8.7 will not apply for the period of the dispute.
9. Our liability to you
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
9.2 If we are installing the Goods in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
9.3 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979(title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
10. Events Outside Our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.4You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Goods. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than 6 weeks in accordance with our cancellation rights in clause 11.
11. Your cancellation rights
11.1 You have the following rights to cancel an Order for Goods (other than Bespoke Goods), including where you choose to cancel because we are affected by an Event Outside Our Control or we change these Terms under clause 3.1 to your material disadvantage.
11.2 You may cancel any Order for Goods within 14 calendar days of receiving your Goods by contacting us. We will confirm your cancellation in writing to you.
11.3 If Goods from one Order are delivered to you in multiple deliveries, you have 14 calendar days from the day you receive the last delivery.
11.4 If you cancel an order after products have been dispatched to you or you have received them, you must return them to us. Please call customer services on +44 (0)20 73704344 or email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send the goods to us within 14 days of telling us you wish to cancel the order.
11.5 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.6 If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.7 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.8 Unfortunately, as Bespoke Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to Bespoke Goods that are faulty or not as described in the Specification).
12. Our cancellation rights
12.1 We may have to cancel an Order for Goods (including Bespoke Goods) before the Goods are delivered due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.
12.2 If we have to cancel an Order under clause 12.1 and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you.
12.3 Where we have already started work on your Order for Bespoke Goods by the time we have to cancel under clause 12.1, we will not charge you anything and you will not have to make any payment to us.
13. Information about us and how to contact us
13.1 We are a company registered in England and Wales. Our company registration number is 05320106 and our registered office is at 12 Wetherby Gardens, London, SW5 0JW. Our registered VAT number is 853625903.
13.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at +44 (0)20 73704344 or by e-mailing us at [email protected].
13.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to Classic Copper Limited at 12 Wetherby Gardens, London, SW5 0JW or [email protected]. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
14. How we may use your personal information
14.1 When you place an order we will collect the following information from you:
(c) Telephone number;
(d) payment method details;
(e) delivery address if different from invoice address.
14.2 We will use the personal information you provide to us to:
(a) provide the Goods;
(b) process your payment for such Goods; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
14.3 With the exception of the delivery service provider that we use to deliver the Products, we will not give your personal data to any third party.
15. Other important terms
15.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
15.2 You may transfer the benefit of the guarantee in clause 7.1 to any purchaser of your property. You may only transfer your other rights or your obligations under these Terms to another person if we agree in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 7.1 if you transfer it to them, but we and you will not need their consent to cancel or make any changes to these Terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.