Terms & Conditions
By using our website,
placing an order for goods and/or registering as a member of our websites you
confirm your agreement to our terms and conditions, including the Privacy
Policy, as set out below:
1. An order for goods placed by
you, the buyer through our websites shall be subject to these terms and
2. All other terms and conditions,
express or implied by statute or otherwise, are excluded to the fullest extent
permitted by law.
3. Nothing in these terms and
conditions shall affect the statutory rights of any consumer.
4. All orders for goods shall be
deemed to be an offer by you, the buyer, to purchase goods pursuant to these
terms and conditions.
5. You, the buyer, shall be
responsible for ensuring the accuracy of the details provided on the order form
and we will not be obliged to accept an order unless all details requested on
the order form have been entered correctly.
6. No order submitted by you, the
buyer, shall be deemed to be accepted by us unless and until we confirm acceptance
of your order by e-mail (where applicable) or by telephone.
7. We are entitled to refuse any
order placed by you and will not be required to provide an explanation.
8. The Consumer Protection
(Distance Selling) Regulations 2000 permits consumers to cancel a contract
after it has been entered into subject to certain limitations and requirements.
9. You are entitled to cancel the
contract no later than 7 days after first receiving the goods by sending us
written notice by e-mail to firstname.lastname@example.org or by post to NOAH AND THEO Ltd., Unit 13 - Space Business Centre, Knight Road, Rochester, Kent, ME2 2BF United Kingdom stating
that you wish to cancel the contract between us and you no later than 7 days
after receiving the goods and upon cancellation of the contract you must return
the goods to us and we will refund any money you have paid to us within 14 days.
10. The goods may
differ slightly from the images shown.
11. We reserve the right to substitute
products of a similar description and standard if the requested goods are not
available but will use reasonable endeavours to match your order exactly. In
the unlikely event of you receiving a substituted product you, the buyer, shall
be entitled to return the goods for a full refund within 10 working days from
the date of delivery, should the substituted product not be acceptable to you.
12. The price of the goods will be
the price quoted on the website at the date the order is received unless
13. We reserve the right, by giving
notice to you, the buyer, at any time before delivery to increase the price of
the goods to reflect any increase in the cost to us, which is due to any factor
beyond our control (such as without limitation, any foreign exchange
fluctuation, a significant increase in the costs of labour, materials or other
costs of manufacture).
14. In the unlikely event of there
being such an increase in the price of the goods you, the buyer, shall be
entitled to cancel the order at any time before delivery.
15. When we provide any goods to
you, the buyer, under these terms and conditions, payment will be charged to
the PayPal, credit or debit card account provided by you on the website order
16. By placing an order, you, the
buyer, consent to payment being charged to your PayPal, credit or debit card
account as provided on the order form.
to the goods will pass to you, the buyer, on payment in full of the price of
will issue you with an electronic to your email address once the goods have
goods will be delivered to you, the buyer, at the address provided by you on
the order form.
risk in the goods shall pass to you upon such delivery taking place.
dates quoted for delivery of the goods are approximate only and we shall not be
liable for any delay in delivery of the Goods however caused. If however, we are
unable to deliver your goods by the date quoted for delivery you, the buyer
shall be entitled to cancel the order at any time before delivery takes place.
shall not be liable to you, the buyer, for short delivery of the goods however
caused but will provide you with the outstanding goods as soon as is reasonably
practical. If however, we have not delivered the outstanding goods within 7 days
from the first date of delivery you, the buyer, shall be entitled to cancel the
order for the outstanding goods.
Return of goods:
the buyer will inspect the goods as soon after delivery as is reasonably
practicable and will notify us of any shortages, defects in the goods or any other complaint in respect of them within 10 working days from the date the
goods were delivered. SAVE IN RESPECT OF ANY SHORTAGES OR DEFECTS IF YOU,
THE BUYER, FAIL TO COMPLY WITH THIS CLAUSE WE WILL NOT BE HELD LEGALLY LIABLE
IN RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR
ATTENTION WITHIN THIS PERIOD.
the buyer, warrant that all details provided on the order form for the purpose
of purchasing the goods are correct, that the credit card you are using is your
own and that there are sufficient funds and/or sufficient unused limit
available to cover the cost of the goods.
LIMITATION OF LIABILITY:
will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any
loss, costs or expenses arising directly or indirectly from any delays in doing
so and we will not be deemed to be in breach of this Agreement by reason of any
delay in performing, or any failure to perform, any of its obligations in
relation to this Agreement, if the delay or failure was due to any cause beyond
our reasonable control. Without prejudice to the generality of the foregoing,
the following will be regarded as causes beyond our reasonable control:
of God, explosion, flood, tempest, fire or accident;
or threat of war, sabotage, civil disturbance or requisition;
restrictions, regulations, bye-laws, prohibitions or measures of any kind on
the part of any governmental, parliamentary or local authority;
or export regulations or embargoes;
lockouts or other industrial actions or trade disputes;
in obtaining raw materials, labour, fuel, parts or machinery;
failure or breakdown in machinery.
If we are prevented from carrying out is
obligations in the above circumstances, it will notify you in writing. If we
are still prevented from carrying out its obligations 3 weeks from the dated
such notice was sent, then either party may give written notice to the other
cancelling the Agreement. If the Agreement is cancelled in this way we accept
no liability to compensate you for any loss or damage caused by failure to
27. Except where you, the buyer are
dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 section
12 as amended) we do not give any warranty, guarantee or indemnity as to the quality, fitness for purpose or otherwise of the goods.
in respect of death or personal injury caused by our negligence, we will not be
liable to you, the buyer, for any loss of profit or any indirect special or
consequential loss, damage, costs, expenses or other claims, which arise out of
or in connection with the supply of goods other than as a result of a breach of
an obligation arising under the Sale of Goods Act 1979 (as amended) and the
Supply of Goods and Services Act 1973. Intellectual Property.
copyright in the material contained in this website and any trademarks and
brands included in that material belongs to Noah And Theo or its licensors.
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.
will attempt to ensure that the information available on the website at any
time is accurate. However, we will not be held liable for any errors or
omissions. We will use all reasonable endeavours to correct errors and
omissions as quickly as practicable after becoming aware or being notified of
drawings, descriptive matter and specifications of the goods on the website are
for the sole purpose of giving an approximate description of the goods.
may also change, suspend or discontinue any aspect of the website, including
the availability of any features, information, database or content or restrict access
to parts or all of the website without notice or liability.
may from time to time change, alter, adapt, add or remove portions of these
terms and conditions but if we do so we will post any such changes on the
35. 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 this
Agreement and the remainder of the provision in question will not be affected.
36. English law will apply to this Agreement, and the parties agree to submit to the
non-exclusive jurisdiction of the English courts.
headings in this Agreement are for convenience only and will not affect their
Queries and Complaints:
aim to respond to e-mail, faxed and written queries within 24hrs. Our Customer
Services can answer your telephone queries Monday to Friday between 10.00 am and