Terms & Conditions

Last updated: 28 May 2014

This website is operated by:
William Edwards Limited, a trading name of Ceramic Decals Limited (referred to as “we/our/us")

Anderton Works
Port Street
Stoke-on-Trent
Staffordshire
ST6 3PF

Registered in England and Wales Company Number: 08338095

VAT Number GB 461 3992 32

1. INTRODUCTION

1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.

1.2. Before confirming your order please read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 10 and limitation of our liability and your indemnity at clause 14.

1.2.1. Print a copy for future reference.

1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

1.4. We reserve the right to revise and amend the Website, the details displayed on it, including but not limited to prices and the terms and conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

1.5. You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.

2. COMMUNICATIONS

2.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

2.2. We will contact you by email or provide you with information by posting notices on our Website.

3. ELIGIBILITY TO PURCHASE FROM THE WEBSITE

3.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must be 18 years of age or over

3.1.1. You must be legally capable of entering into a binding contract

3.1.2. You must be able to provide full details of a delivery address in the United Kingdom or the European Economic Area (if you reside in the EEA).

3.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

4. ORDER PROCESS AND FORMATION OF A CONTRACT

4.1. All orders are subject to acceptance and availability, and although every effort is made to keep information regarding stock availability on the Website up to date we do not guarantee that this is the case or that stock will always be available, If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

4.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

4.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

4.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.

4.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods or made them available to be downloaded. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).

4.6. Where we agree to supply Goods to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected to purchase and are provided on the Website.

4.7. The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

4.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

4.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:

4.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority

4.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

4.10. In some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

5. OVERSEAS ORDERS

5.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).

5.2. We can, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.

5.3. If we agree to supply any Goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

5.4. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

6. PRICE

6.1. The prices quoted on the Website only apply for Goods bought through the Website and should not be used as a parameter to deliberate the price of our products sold elsewhere.

6.1.1. However, if there is an error in the prices of the products that you have ordered we will inform you of this at the earliest opportunity and you will be given the option to re-order at the correct price. We shall be under no obligation to fulfil an order for a product, which was advertised with the incorrect price; if the item(s) has been charged and not despatched we will cancel and refund your order.

6.2. Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.

6.3. Unless otherwise stated, the prices quoted include VAT but exclude delivery costs which will be added to the total amount due from you.

6.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.

7. PAYMENT

7.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.

7.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.

7.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.

7.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

7.5. By accepting these Conditions you:

7.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered

7.5.2. Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale

7.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

7.6. We shall contact you should any problems occur with the authorisation of your card.

7.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

8. DELIVERY

8.1. We utilise professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.

8.2. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.

8.3. We shall not be liable for any delay in delivering the Goods, however caused.

8.4. The Goods may be sent to you in instalments.

8.5. For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.

8.6. Your order may be delayed if the item is not in stock.

9. RISK AND TITLE

9.1. The Goods will be at your risk from the time of delivery.

9.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.

10. CANCELLING YOUR CONTRACT AND RETURNS

10.1 Under the Distance Selling Regulations you are entitled to cancel your order for a full refund. To cancel you order, please email us or send us a letter within 14 days after the day of delivery. You must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.

10.2. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the Goods and will deduct this from any sum owed by us to you.

10.2.1. The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either collected by us or delivered back to us by you. You must return the Goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

10.2.2. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost incurred by you in returning the Goods to us, if it:

10.2.2.1. Has been damaged on delivery

10.2.2.2. Is in a faulty condition

10.2.2.3. Develops a fault within 30 Days of delivery

10.2.2.4 Has been delivered to you in error

10.2.2.5. Has been incorrectly priced or described.

10.2.2.6. Is agreed by us that the Goods have not suffered damage after delivery or have not been misused or used other than in accordance with the instructions or the problem is not due to normal wear and tear.

10.3. Instead of a refund (and subject to returning the Goods as required under this clause), there is the option to replace the Goods with the same or a similar product (subject to stock availability). If you are not happy with the replacement, you can return the Goods to us.

10.3.1. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 30 working days after receipt or the fault developing by email to sales@williamedwards.co.uk or a letter to The Managing Director, Anderton Works, Port Street, Middleport, Stoke-on-Trent, St6 3PF. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.

10.3.2. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us.

10.3.3. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.

10.3.4. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.

11. REFUNDS

11.1. We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.

11.2. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.

12. COMPLAINTS

12.1. If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at sales@williamedwards.co.uk or by post at The Managing Director, Anderton Works, Port Street, Middleport, Stoke-on-Trent, St6 3PF.

13. INTELLECTUAL PROPERTY

13.1. The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to William Edwards moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

13.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

13.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website.

13.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

13.5. No licence is granted to you in these Conditions to use any of our trademarks or those of our affiliated companies.

13.6. Goods sold by us and Website content may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights.

14. LIABILITY AND INDEMNITY

14.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

14.1.1. Death or personal injury resulting from our negligence

14.1.2. Fraud or fraudulent misrepresentation

14.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987

14.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

14.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

14.3. We will not be liable if the Website is unavailable at any time.

14.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

14.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.

14.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

14.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

14.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

14.8.1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

14.8.2. Any loss of goodwill or reputation; or

14.8.3. Any special or indirect losses; or

14.8.4. Any loss of data; or

14.8.5. Wasted management or office time; or

14.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 14.8.1 to 14.8.6, is strictly limited to the purchase price of the Goods you purchased.

14.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

14.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

15. FORCE MAJEURE

15.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:

15.1.1. Strikes, lock-outs or other industrial action

15.1.2. Shortages of labour, fuel, power, raw materials

15.1.3. Late, defective performance or non-performance by suppliers

15.1.4. Private or public telecommunication, computer network failures or breakdown of equipment

15.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

15.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.

15.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.1.8. Acts, decrees, legislation, regulations or restrictions of any government

15.1.9. Other causes, beyond our reasonable control

15.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

15.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

16. PRIVACY POLICY

16.1. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).

16.2. You can find details of our Privacy Policy on the Website.

16. THIRD PARTY RIGHTS

16.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

17. EXTERNAL LINKS

17.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

17.1.1. The privacy practices of such websites

17.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources

17.1.3. The use which others make of these websites; or

17.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources

18. LINKING TO THE WEBSITE

18.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

18.2. Any agreed link must be:

18.2.1. To the Website's homepage

18.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted

18.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it

18.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists

18.3. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

19. NOTICES

19.1. All notices given by you to us must be given to us at Anderton Works, Port Street, Middleport, Stoke-on-Trent, St6 3PF or by using sales@williamedwards.co.uk. We may give notice as described in clause 2.

19.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

20. ENTIRE AGREEMENT

20.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

20.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.

20.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.

21. GENERAL

21.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time without giving notice.

21.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.

21.3. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

21.4. All Contracts are concluded and available in English only.

21.5. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

21.6. A waiver by us of any default shall not constitute a waiver of any subsequent default.

21.7. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.

21.8. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

22. GOVERNING LAW AND JURISDICTION

22.1. The Website is controlled and operated in the United Kingdom.

22.2. Every purchase you make shall be deemed performed in England and Wales.

22.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.