1. The contract between us
For a contract between us and you, we must receive full payment. Our acceptance of payment of your order brings into existence a legally binding contract between us. Payment is made via WorldPay and you will receive a confirmation email from WorldPay to confirm payment. However, we do not have to accept the payment from WorldPay and payment is declined by us the contract is automatically cancelled.
2.1 The prices payable for goods that you order are as set out in our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
3. Right for you to cancel your contract
3.1 In accordance with the Consumer Protection (Distance Selling) Regulations 2000 “The consumer has the right to cancel within seven working days for most goods and services. This period runs from the day the contract was concluded for services, and from the day after the day of delivery for goods.”
3.2 Further to this we offer the right to return goods within 7 days from receipt of the goods.
3.3 To cancel your contract you must notify us in writing with all order information that you have received from us.
3.4 If you have received the goods before you cancel your contract we must be notified and you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your original method of payment will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
3.6 If the goods are not returned in the condition they were sent we reserve the right to charge the cost of recovering the goods directly to you.
3.7 All goods must be returned in accordance with our returns policy which can be found on the FAQ page.
3.8 Unfortunately return postage can not be refunded.
3.9 A restocking fee may be applicable to returned products.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 We have insufficient stock to deliver the goods you have ordered;
4.1.2 We do not deliver to your area; or
4.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us via original method of payment or cheque as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you
5.1 All UK orders are sent either first class, or by courier.
5.2 Deliveries will be made to the given delivery address, the address given will be the address to which the goods are sent. For any amendments to the delivery address, we must be notified by email prior to the processing of your order. It is essential that you ensure you give a delivery address where the recipient will be available to accept the goods, or you must be prepared to collect the goods from your post office following attempted delivery.
5.3 We aim for delivery of all UK orders within 7 working days but delivery can take up to 30 days. International delivery times vary, but most orders are received between 7 and 12 days. For UK deliveries goods cannot be classified as missing in the post until 15 working days have passed since the day of posting. We cannot take any action during this period, but will immediately make enquiries and re-send orders if delivery hasn't been made following the 15 working day period.
5.4 We cannot be held responsible for failed deliveries, either due to an incorrect address or unavailability of a signature on delivery. If goods are returned to us for these reasons we can re-charge for postage and handling, or deduct the cost if a refund is requested.
5.5 Upon delivery of your order you will become the owner of the goods, they will be held at your own risk and we cannot be held liable for their loss or destruction.
5.6 If an item is delivered to you and has been damaged in transit, we must be notified within two hours of delivery so we can claim with Royal Mail postal insurance.
5.7 Oakshott Fabrics reserves the right to notify you if postage to your chosen destination is significantly higher than the postage rate indicated due to the destination or the bulk weight value of the item being shipped. If this is the case we will email you with information about the amended rate and will only proceed with the order when you confirm that the amended amount is acceptable.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us, by email or in writing at our contact address, of the problem immediately and in any case within 10 working days of the delivery of the goods in question. If items have been damage in transit we must be notified on the day of delivery. Therefore if the goods ordered are a gift it is advisable to check the contents immediately.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us, by email or in writing at our contact address, of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 To make good any shortage or non-delivery;
6.2.2 To replace or repair any goods that are damaged or defective; or
6.2.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address.
Or by emailing us, you must include your name, order number, WorldPay transaction number and date of order, and all notices from us to you will be displayed on our website from to time.
8. 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.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13. Entire agreement