WHITE SHORE TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS APPLY TO THE USE OF THE WHITE SHORE WEBSITE AVAILABLE AT whiteshore.co.uk AND ALL SUB-DOMAINS (E.G. www.whiteshore.co.uk).

BY ACCESSING THIS WEBSITE, REGISTERING AN ACCOUNT AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US AND/OR ORDER FROM US.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD DISCONTINUE YOUR USE OF THIS WEBSITE.

DEFINITIONS

Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.

Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms 1977.

Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.

Agreement means Contract.

Order means any order that is placed over the Website

Goods means the articles that the Buyer agrees to buy from the Seller.

Website means the White Shore website, available at www.whiteshore.co.uk, whiteshore.co.uk and any other sub-domain.

Shopping Crate means the e-commerce and website system in place for taking orders.

Seller means Steven Newman, trading as White Shore, whose business address is at White Shore, Suite 480, Chynoweth House, Trevissome Park, Truro, TR4 8UN that owns and operates White Shore and the Website.

Terms and Conditions means these terms and conditions, the Order and any special terms and conditions agreed in writing by the Seller.

CONDITIONS

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller’s address at White Shore, Suite 480, Chynoweth House, Trevissome Park, Truro, TR4 8UN.

ORDERING

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.

The Seller may choose not to accept an order for any reason.

Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section.

AGE OF CONSENT

Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare (in the special comments section) that they are of the appropriate legal age to purchase the Goods. If a Buyer does not declare that they are of the appropriate legal age then the Seller will contact the Buyer for confirmation.

If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

PRICE AND PAYMENT

The price of the Goods shall be that which is stipulated on the Website. The price displayed for the Goods is the price to be paid, excluding delivery charges.

The total purchase price, including any delivery charges, will be displayed in the Buyer’s shopping crate prior to confirming the order.

After the Order is received, the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel.

Payment of the price plus delivery charges must be made in full before dispatch of the Goods.

Additional delivery charges may be payable for customers outside of the UK Mainland. If necessary the Buyer will be notified of these by email prior to any payment being made. The Buyer shall be entitled to either accept the revised price of the order, or cancel for a full refund within 30 days.

DELIVERY

Delivery is only possible within the United Kingdom and Channel Islands.

It is our aim to dispatch orders received before 1pm Monday-Friday on the same day where possible.

Goods that are in stock and supplied within the UK will normally be dispatched within 1-3 working days of acceptance of order.

Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Delivery of the Goods shall be made to the Buyer’s address specified in the Order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

DELIVERY CHARGES

Our delivery charges are based on the weight of the items you wish to purchase and your location. Our website will automatically calculate delivery charges for orders in the United Kingdom when you add items to your shopping crate. To place an order outside of the UK please contact us for a delivery quote.

We ship the majority of orders using Royal Mail 1st Class, 2nd Class and the Standard Parcels Service. Our current prices are:

RIGHTS OF SELLER

The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

The Seller reserves the right to withdraw any goods from the Website at any time.

The Seller shall not be liable to anyone for withdrawing any goods from the Website or for refusing to process an order.

WARRANTY

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.

All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

CANCELLATION AND RETURN

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.

You have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller using the "Contact Us" page within 7 working days after the day on which you receive the Goods to request an RMA (Return Merchandise Authorisation) Number. Please ensure that your full name and order number are quoted.

The Seller will then contact you with an RMA Number, the returns address and instructions. The RMA Number must be clearly marked on the return packaging. Goods must be returned to the returns address supplied with the RMA Number. Any returns made to the business/administrative address will not be accepted and you may be subject to additional charges. The right to cancel does not apply to contracts for the supply of Made to Order items as clearly marked on the Website.

Goods must be returned in their original packaging and delivery packaging by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. Returns must be received by us no more than 10 days after we have sent you an RMA Number and return instructions. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If we have not received your return within the 10 days after sending you an RMA Number then we are entitled to deduct the cost of recovering the order from you, up to the cost of your order.

Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

LIMITATION OF LIABILITY

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

SEVERANCE

In any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. This version of the Terms and Conditions has been in place since 22nd July 2010.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.