Please read these terms and conditions (“Terms”) carefully before using Our Website as they affect your rights and liabilities under law.
WITHOUT LIMITING THE GENERALITY OF THESE TERMS, YOUR ATTENTION IS IN PARTICULAR DRAWN TO CLAUSES 9 AND 16.
1. Definitions and Interpretations
1.1 In these Terms the following words shall (unless the context otherwise requires) have the following meanings:
Contract these Terms and the Order;
Goods the items advertised on our Website which you buy from Us;
Intellectual Property Rights all patents, database rights, copyright, design rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;
Liability liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
Order the order for Goods placed by you and accepted by Us subject to these Terms;
Us, Our, We Blacker Sheep Limited trading as Blacker Yarns, whose registered office is at Unit B, Pipers Court, Pennygillam Industrial Estate, Launceston, Cornwall, PL15 7PJ;
User any person who browses the Website;
Website Our website at URL www.blackeryarns.co.uk or such other URL that We may use in connection with the Goods from time to time;
Working Day Monday to Friday between the hours of 9am and 5pm but not any day which is a public holiday in the UK.
1.2 Headings are for convenience only and shall not affect the interpretation of these Terms.
2. Application of these Terms
2.1 If you are submitting an Order, you agree to be bound by these Terms. If you are a User, your use of the Website constitutes your agreement to be bound by these Terms insofar as they are relevant to use of the Website only.
2.2 These Terms (as amended by Us from time to time in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and you agree to abide by them.
2.3 We reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and you will bound by the updated version if you continue to use the Website thereafter.
PART A – USE OF THE WEBSITE
3. Website Content
The content of this Website is © Blacker Sheep Limited trading as Blacker Yarns, Blacker Designs and The Natural Fibre Company 2005 and 2012-17. All rights are reserved. You are permitted to download a single hard copy of Website content and print extracts from the Website for your own personal and non-commercial use. Unless otherwise stated, the Intellectual Property Rights in all material on this Website (including without limitation photographs and graphical images) are owned by Us. Except as expressly provided nothing contained herein shall be construed as creating any license or right under Intellectual Property Rights.
This Website may include links to other websites. These websites and the content, products and services available through them are not under Our control and should not be considered to be endorsed or approved by Us. We do not accept any liability in connection with any third party websites that may be accessed through this Website.
Users may only link to this Website on the basis that they link to, but do not replicate, the home page of this Website, and subject to the following conditions:
4.1 The size or appearance of the Blacker Yarns, Blacker Designs and The Natural Fibre Company logos are not removed, distorted or otherwise altered;
4.2 A frame or any other browser or border environment is not created around this Website;
4.3 No implication is in any way made that We endorse any products or services other than our own;
4.4 You do not misrepresent your relationship with Us nor present any other false information about Us;
4.5 You do not otherwise use any of the trademarks displayed on this Website without Our express written permission;
4.6 You do not link from a website that is not owned by you; and
4.7 The website does not contain content that is distasteful, offensive or controversial, infringes any Intellectual Property Rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6. Service access
While We endeavour to ensure that this Website is available 24 hours a day, We shall not be liable if for any reason this Website is unavailable at any time or for any period.
We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
7.1 While We endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and We make no commitment to update such material.
7.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide you with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
7.3 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with this Website; the use, inability to use or the results of use of this Website; any websites linked to this Website or the material on such websites; your downloading of any material from this Website or any websites linked to this Website; or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
PART B – GOODS
9. Product Information
9.1 We have made all reasonable efforts to accurately display (where relevant) the colours, designs and sizes of the Goods for sale on Our Website. You acknowledge and accept that designs, colours, shapes and patterns shown on the Website are approximate only. Colours in particular may differ due to your own computer’s visual settings and hardware.
9.2 If the Goods you have Ordered are not available in the colour, design or size you have requested We will notify you of the colours, designs or sizes currently available. Your Order will not be accepted and you may then resubmit your Order for the Goods in an available colour.
9.3 You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with these Terms.
10. Formation of the Contract
Please follow directions given on the Website to place an Order. Once you have placed an Order and We have received payment in accordance with clause 11 We will confirm receipt of your Order.
11. Price and Payment
11.1 The price payable for the Goods shall be as shown on the Website. Prices advertised on the Website include VAT but exclude postage, packing, insurance and any applicable export duties. Delivery charges are shown separately when ordering and must also be paid in advance.
11.2 Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the Order.
11.3 Prices are subject to change without notice but changes will not affect Orders which We have already accepted.
12. Right for you to Cancel
12.1 You may cancel your Order at any time up to the end of the 14th Working Day from the date you receive the Goods, PROVIDED THAT the Goods remain unopened and sealed in their original packaging in a condition suitable for re-sale. As downloadable products (free and paid-for patterns) are delivered at once, your consent to these Terms and Conditions at the time of purchase means that you will forego your rights of cancellation. Of course, We are happy to help should you have any problems.
12.2 To cancel your Order you must notify Us in writing (which includes letter, fax or email). The sum debited to Us from your credit or debit card will be re-credited to the same card within 30 days of your cancellation notice.
12.3 The Goods in question must be returned to Us within 21 days of your cancellation notice and must be received by Us in the condition they were in when delivered to you, unopened and sealed in their original packaging in a condition suitable for re-sale. Unless the Goods are faulty, We shall be entitled to recover any direct costs of having to recover the Goods from you and may set such costs off against the amount to be re-credited to you.
12.4 If you are a business customer you cannot cancel or vary in whole or any part any Order accepted by Us, except where expressly agreed in writing by a person authorised to sign on Our behalf.
12.5 Our consent to cancellation or vary the Order shall not in any way prejudice Our right to recover from you full compensation for any loss or expense arising from such cancellation or variation on an indemnity basis.
13. Cancellation by Us
13.1 We reserve the right to cancel the Contract if:
13.1.1 We have insufficient stock to deliver the Goods you have ordered;
13.1.2 We do not deliver to your area or country;
13.1.3 One or more of the Goods you ordered was listed with incorrect product information, price, and/or description for whatever reason; or
13.1.4 We have reason to believe that you will fail to pay for the Goods or that you will not comply with these Terms (or any of them).
14. Delivery of Goods to you
Unless We notify you otherwise, once your Order has been accepted, We will deliver the Goods ordered by you within 30 days to the billing address you give Us at the time you make your Order.
15. Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Goods shall be owned by Us absolutely.
16. Liability and Limitation
16.1 If We do not deliver or if the Goods We deliver are not what you ordered or are damaged or defective on delivery or during the Warranty Period or the delivery is of an incorrect quantity, Our only obligation will be, at Our option to:
16.1.1 make good any shortage or non-delivery or incorrect delivery; or
16.1.2 replace or repair any Goods that are damaged or defective; or
16.1.3 refund to you the amount paid by you for the Goods in question.
The above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by you or your failure to comply with any reasonable instructions issued by us in respect of maintenance and/or safe handling.
16.2 We shall have no Liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
16.3 Without prejudice to the foregoing, our total aggregate Liability to you under and/or arising in relation to this Contract shall not exceed the amount paid by you for the Goods.
16.4 Nothing in this Contract shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
16.5 Nothing in this Contract shall exclude or limit your statutory rights.
PART C – GENERAL
Unless otherwise expressly stated in these terms and conditions, all notices from you to Us must be in writing and sent to Us at Unit B, Pipers Court, Pennygillam Industrial Estate, Launceston, Cornwall, PL15 7PJ or by email to [email protected] If sent by email, such notices must include a receipt request.
18. 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 and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
19.1 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 Terms will not be affected.
19.2 This Contract shall be governed by and interpreted in accordance with English law and both parties irrevocably submit to the exclusive jurisdiction of the English Courts.
19.3 These Terms, together with the Order set out the whole of Our agreement relating to the supply of the Goods by Us to you.