Terms of service
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service team by email or call us on +44 (0)1229 584400 (Mon-Fri: 09.00-16.30).
CUMBRIA CRYSTAL: TERMS AND CONDITIONS
BUSINESS TO CONSUMER: E-commerce
- Our terms and conditions. These are the terms and conditions on which we supply our products to you.
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Information about us and how to contact us
- We are Greatdale Limited established in England and Wales and trading as Cumbria Crystal. Our company registration number is 04007451 and our registered office is at Lowther House, Lowther Street, Kendal Cumbria, LA9 4DX. Our VAT registration number is TBC.
- You can contact us by telephoning our customer service team at +44 (0)1229 584400 or by writing to us at Cumbria Crystal, Greatdale Limited, Unit 4, Canal Head, Ulverston, Cumbria, LA12 7LB.
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- When we use the words "writing" or "written" in these terms, this includes emails.
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Our contract with you
- These terms and conditions apply to orders placed on our website by individual consumers for strictly personal and private use. By placing an order on our website, you are agreeing to these terms and conditions.
- Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- All goods sold on our website, including discounted products, are not for resale.
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Our products
- The images of the products on our website are for illustrative purposes only and this includes where we have displayed any colours, patterns, or designs. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, volumes, capacities, dimensions and measurements indicated on our website will vary from order to order and can have a tolerance of up to 10%.
- Our products are handmade using traditional crystal glass making techniques and it is to be expected that there will be natural variations between products such as air bubbles and cords. Please note that there are two standards for our crystal glass: premium quality and factory outlet. All of our products are assessed under our internal quality control process, which includes adjudicating whether our products are accepted as premium quality, factory outlet or are rejected altogether.
- The packaging of the product may vary from that shown in images on our website.
- If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
- All of our crystal products are made from 24% lead crystal. There are no known health implications associated with the ordinary use of our products. However, we do not recommend the use of our crystal products for the long-term storage of wine, spirits and other acidic drinks as long-term storage because of the potential for lead leaching.
- Your rights to make changes If you wish to make a change to the product you have ordered please contact us as soon as possible after making your order. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Whilst we endeavour to accommodate any requests for changes, where products are manufactured to customer specification or are personalised, you do not have a right to change or cancel your order.
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Our rights to make changes
- We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes should not affect your use of the product.
- We reserve the right to make other changes to our products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
- We may change the product:
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Delivery and collection information
- We will endeavour to display the costs of delivery to you on our website. If you have any questions about the costs of delivery, please contact us directly using the contact details provided in clause 2.2. Please note that where our products are exported outside of the United Kingdom, the customer shall be responsible for any additional courier costs, as well as duties, import taxes and local taxes where applicable.
- During the order process we will provide you with an estimate of when we will provide the products to you. We will endeavour to deliver your product as soon as reasonably possible; however, please note that there can be a significant wait for some of our products, particularly products which have been made to customer specification or personalised.
- If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.
- If you have asked to collect the products from our premises, you can collect them from us during our working hours of 0900 to 1700 on weekdays (excluding public holidays). Collections on Saturdays and Sundays can be made by arrangement only. Please refer to our website for up-to-date opening times.
- If no one is available at your address to take delivery, the courier should leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If you request for products to be left with a third-party (such as a neighbour), responsibility for the products will pass to you on initial delivery. If you request to re-arrange delivery, you must liaise directly with the courier to do so.
- If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we may contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. Please note that we reserve the right to charge you for products made to customer specification or which are personalised if we are unable to re-arrange delivery or collection. Moreover, where we cannot re-arrange delivery or collection of products we reserve the right to re-sell or dispose of products in accordance with s.12 of the Torts (Interference with Goods) Act 1977.
- The products will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us. It is your responsibility to check the condition of the product at the point of collection or delivery and you should inform us of any faults as soon as possible.
- You own a product once we have received payment in full.
- We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product as requested by you or notified by us to you.
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Your rights to end the contract
- Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back). You must inform us as soon as possible if you believe a product is fault or misdescribed and we may ask you to provide photographic evidence. We will review any photographic evidence with reference to our internal control and adjudication process as specified in clause 4.2 to determine whether the product is faulty or misdescribed.
- If you want to end the contract because of something we have done or have told you we are going to do.
- If you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods. You do not have the right to exercise the right to change your mind about a product which is made to any customer specification or personalised.
- In all other cases (if we are not at fault and there is no right to change your mind).
- If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
- there is a risk that supply of the products may be significantly delayed because of events outside our control (please refer to clause 7.2 for further information).
- For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- Your right to change your mind does not apply in respect of:
- any products which are made to customer specification or personalised, included products which are engraved, prototypes or are outside of our main collections.
- any products which incurred costs and liabilities to third parties as part of the commissioning and manufacturing process.
- any products which become mixed inseparably with other items after their delivery.
- Unless goods have been damaged through fault of the customer, you have 14 days after the day you (or someone you nominate) receives the particular product to change your mind.
- Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
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How to end the contract with us (including if you have changed your mind)
- To end the contract with us, please let us know by calling or emailing customer services using the details provided above or on our website. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us at Cumbria Crystal, Unit 4, Canal Head, Ulverston, Cumbria, LA12 7LB. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
- We will pay the costs of return:
- if we deem the products to be faulty or misdescribed with reference to our internal control and adjudication process; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description or a significant delay in delivery due to events outside our control.
In all other circumstances including where you are exercising your right to change your mind you must pay the costs of return.
- If you are entitled to a refund under these terms 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.
- 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.
- 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.
- We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. Please note that we reserve the right to make deductions from any refunds if the products are not returned to us in the condition in which they were initially delivered.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
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Our rights to end the contract
- We reserve the right to not deliver a product to you or end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
- If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may write to you to let you know that we are going to stop providing the product. We will let you know advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- We reserve the right to not deliver a product to you or end the contract at any time by writing to you if:
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If there is a problem with the product
- If you have any questions or complaints about a product, please contact us. You can telephone our customer service team at +44 (0)1229 584400 or by writing to us at Cumbria Crystal, Greatdale Limited, Unit 4, Canal Head, Ulverston, Cumbria, LA12 7LB. If you believe that the product you have been provided with is faulty, we ask that you take photographic evidence of the product and provide it to us at the earliest opportunity.
- We are under a legal duty to supply products that are in conformity with this contract.
- In accordance with the Consumer Rights Act 2015, our products shall be as described, fit for purpose and of satisfactory quality. If we deem a product to be faulty, we reserve the right to offer you a replacement in the first instance before offering you a refund.
- If you wish to exercise your legal rights to reject products, you must either return them in person to where you bought them or post them back to us in the same condition as the product was initially delivered to, or collected by, you. We are not responsible for the costs of return postage.
- If you do not have proof of purchase, we will not issue a refund or exchange of repair a product without additional payment of a new product or repair.
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Price and payment
- The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
- If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispriced item, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- You must pay for the products before we dispatch them.
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Our responsibility for loss or damage suffered by you
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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How we may use your personal information
- We will only use your personal information as set out in our privacy policy.
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Other important terms
- We may transfer our rights and obligations under these terms to another organisation. We will use all reasonable endeavours to ensure that the transfer will not affect your rights under the contract.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- 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.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- These terms are governed by English and Welsh law and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.