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Conditions Générales de Vente (en anglais)

 

CHH Design Limited est une société de droit anglais; nous avons traduit une grande partie de notre site web en français afin de faciliter son utilisation pour notre clientèle francophone.  Nos CGV, gérées par le droit anglais se trouvent ci-dessous. Si vous avez aucune question, veuillez nous contacter - info@chh-design.com

 

(1) Introduction
Please read these terms of sale carefully.
You will be asked expressly to agree to these terms of sale before you place an order for products from our website by ticking the box during the checkout process.
(2) Interpretation
In these terms of sale, “we” means CHH Design Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into existence between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
(iv) you will be transferred to the secure Cardsave website, and Cardsave will handle your payment by credit or debit card;
(v) we will then send you an initial order acknowledgement
(vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation, at which point your order will become a binding contract, or we will confirm by email that we are unable to meet your order
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by carefully reviewing your order. You may correct those input errors before placing your order by amending the contents of your shopping cart or the shipping method.
(4) Our products We sell a range of hand painted ceramic and glass products. Please note that, as all our products are individually hand painted, the design on each one will not be identical and there will be minor variations from the photographs on the web site. The glassware is individually mouth blown and the ceramic is made using traditional, mainly manual, methods which may entail minor product differences which are quite normal. Where products are described as ‘dishwasher resistant’, this applies to normal usage in a domestic dishwasher at a moderate temperature, as recommended by the paint manufacturer, and while the paint has been shown to be highly resistant, there will be some wear over time. As all items are entirely decorated by on-glaze painting, hand washing will prolong the life of the products.
(5) Price and payment
Prices for products and delivery charges are quoted on our website. The website contains a large number of products and shipping options and it is always possible that some of the prices or charges on the website may be incorrect. We will inform you if our actual prices and charges are different from those stated on your order form and the availability of the items you have ordered. If our actual prices or charges are higher than those on your order form, you may cancel your order; if our actual prices and charges are lower, we will charge you the lower amount.
If you have to pay a delivery charge, it will be as stated during the checkout process.
Payment must be made upon the submission of your order by credit or debit card. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Prices for products are liable to change at any time, but changes will not affect existing contracts.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 5 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 21 days of the later of receipt of payment and the date of our order confirmation subject to product availability.
We use Royal Mail ‘Signed For’ or ‘Special Delivery’ which require a signature upon delivery; unless another means of delivery has been agreed in writing between you and us, it is your responsibility to ensure that someone can sign for the delivery or arrange collection per instructions left by the Royal Mail delivery staff.
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) “Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products unless:-
(i) the supply of goods is made to your specifications or clearly personalised;
(ii) the supply is of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
In order to cancel a contract in this way, you must give to us written notice of cancellation.
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(10) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(11) Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(12) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit or exclude any liability of a party in any way that is not permitted under applicable law;
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(13) General terms
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our
privacy policy; use of our website will be subject to our website's terms of use and the copyright notice
Contracts under these terms of sale may only be varied by the written agreement (including by e-mail) of both parties. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any existing contracts.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
Subject to the first paragraph of Section 12, these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.