TERMS AND CONDITIONS
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in our clauses. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in August 2021.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.cornicelondon.com & www.cornicestore.co.uk We are Cornice London Ltd, a company registered in England and Wales under company 10378763 and with our trading address at Unit D Rear, Franklin industrial Estate, 20 Franklin Road London SE20 8HW. Our VAT number is GB 284842470.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning or emailing.
Cornice Store Ltd:
O. 0203 488 1126
Cornice London Ltd:
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process, you will also be required to read, agree to our terms and conditions by a required tick, your order will not be processed otherwise.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in 4.3
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Delivery Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. Please note that the Contract between us only relates to the specific items listed in the Dispatch Confirmation which may not include all items stated in your order.
4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 6, we will inform you of this by e-mail and we will not process your order in so far as it relates to that Product. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible.
HOW TO PAY
4.5 You can only pay for Products using a debit card or credit card and Paypal. We accept the following cards: Maestro, Visa, Visa Electron, Mastercard.
4.6 Payment for the Products and all applicable delivery charges is in advance.
5. YOUR CONSUMER RIGHT OF RETURN AND REFUND
5.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive your product/s, you can notify us of your decision to cancel the Contract and receive a refund.
5.2 However, this cancellation right does not apply in the case of:
a. Any Products made to your specification, or which are clearly personalised for you; or
b. Once your item has begun production (making process) a refund will NOT be given. (A full refund will only be given before production has started)
c. any Products which become mixed inseparably with other items after their delivery or in transit or been delivered (no returns).
5.3 To cancel a Contract in accordance with your legal right to do so, you just need to let us know that you have decided to cancel, e-mail us firstname.lastname@example.org to request a cancellation form, which we will send you by e-mail. You need to complete the cancellation form and send this back to us by e-mail at email@example.com We will e-mail you to confirm we have received your cancellation.
You can also contact us by post to Cornice Store Ltd Unit D Rear, Franklin Industrial Estate, 20 Franklin Road, London SE208HW. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. If you are emailing us or writing to us please include details of your order to help us to identify it.
For example, you will have given us notice in time -before production has started as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
5.4 If you cancel your Contract we will:
a. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop.
b. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
5.5 If you have returned the Product/s to us because they are faulty or mis-described, we will refund the price of the Products in full, we will not refund the delivery charges until agreed in writing, this may include any reasonable costs you incur in returning the item to us.
5.6 Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If we have offered to collect the Product/s from you, we will charge you the direct cost to us of collection.
5.7 We will refund you on the credit card or debit card, PayPal used by you to pay.
6. PRICE OF PRODUCTS AND DELIVERY
6.1 We will contact you with an estimated delivery date, which will normally be within 7-10 working days. Occasionally our delivery to you may be affected by an Event Outside Our Control.
6.2 A signature is required upon delivery of goods, you will receive a confirmation email stating the date of delivery, and if no one is there we have the right to leave deliveries outside. You are solely responsible for your receiving your order, to avoid unnecessary costs for a return. All deliveries are to kerbside only and cannot be carried onto site or upstairs. It is the customers responsibility to ensure the materials/products/items/order are moved from the kerbside.
6.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery and you will be charged delivery again.
6.6 Delivery of an Order shall be completed when we deliver the Products to the address you gave us, or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
6.7 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 6.11 for what happens if we discover an error in the price of Product(s) you ordered.
6.8 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
6.9 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
6.10 The price of a Product does not include delivery charges. For UK mainland delivery charges will be calculated during the checkout process and displayed. please request via email for deliveries further than 60 mile radius from SE208HW.
6.11 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
7. INSPECTION OF GOODS AND DAMAGE
7.1 On delivery of the Products by us (or our nominated carrier), you must:
a. inspect the Products for any defects, missing parts or items, damage, anything unsatisfactory in respect to the quality of the Products and to ensure that the Products are as described; and
a. notify the driver/us before signing your delivery note of any such defects, missing parts or items, damage, unsatisfactory quality or mis-description of the Products.
If there is evidence of damage to the Products delivered, please inform the driver who will inspect and photograph the products before they are signed for and the damage must be noted on the delivery note by the person signing for the Products and the driver. Where damage caused by delivery is discovered after completed delivery, a refund/replacement will NOT be fulfilled.
7.2 In the event that you fail to comply with clause 7.1, you are deemed to:
a. have accepted the Products as delivered; and
b. agree and acknowledge that the Products conform in all aspects to the quality and description as provided by us,
And you shall not be entitled to claim any refund, exchange or return in respect of the Products.
7.3 This clause 7 shall not apply to any latent or inherent defects that would not have been apparent on a reasonable inspection of the Products.
8. OUR WARRANTY FOR THE PRODUCTS
8.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described below.
8.2 The warranty in clause 8 does not apply to any defect in the Products arising from:
a. fair wear and tear.
b. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party.
c. If you fail to operate or use the Products in accordance with the user instructions.
d. Any alteration or repair by you or by a third party who is not one of our authorised repairers; or
e. Any specification provided by you.
8.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9. OUR LIABILITY IF YOU ARE A CONSUMER AND BUSINESS
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered this contract.
9.2 Disclaimer of liability at no point are the directors, staff/sub-contractors, servants, Cornice London Ltd and Cornice Store Ltd responsible for foreseeable risks8.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3 We are not obliged to fulfil customers/clients communicated information/requests via notes, texts, letters, or email and cannot be held responsible due to any consequence, these cannot be used to support any claim.
9.4 We accept no responsibility, or liability for any indirect or consequential loss or damage to your items, property, or for any loss of data, profit, revenue, or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising from our misdoing you will be responsible for all legal costs for both parties, we accept no liability for this loss or damage whether due to inaccuracy, error omission or any other cause and whether on part of us or our servants, agents or any other person entity.
9.5 In circumstances where you suffer loss or damage arising from out of or in connection with the viewing, use or performance of our website or its contents, goods we accept no liability for this loss or damage whether due to inaccuracy, error omission or any other cause and whether on part of us or our servants, agents, or any other person entity.
9.6 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.7 We do not in any way exclude or limit our liability for:
a. death or personal injury caused by our negligence.
b. fraud or fraudulent misrepresentation.
c. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
d. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e. defective products under the Consumer Protection Act 1987.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a. we will contact you as soon as reasonably possible to notify you; and
b. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
11. COMMUNICATIONS BETWEEN US
11.1 When we refer, in these Terms, to "in writing", this will include e-mail.
11.2 If you are a consumer you may contact us as described in clause 1
11.3 If you are a business:
a. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service or e-mail.
b. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
c. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
d. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12. OUR RIGHT TO VARY THESE TERMS
12.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated, and which Terms were changed.
12.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
12.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
a. changes in relevant laws and regulatory requirements; and
b. changes in the way we operate our business.
12.4 If we revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
13. IF YOU ARE A BUSINESS CUSTOMER
ALL OF THE ABOVE CLAUSES APPLY ALONG WITH THE CLAUSES BELOW
13.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
13.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
14. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business customer.
14.1 Nothing in these Terms limits or excludes our liability for:
a. death or personal injury caused by our negligence.
b. fraud or fraudulent misrepresentation.
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d. defective products under the Consumer Protection Act 1987.
14.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a. any loss of profits, sales, business, or revenue.
b. loss or corruption of data, information, or software.
c. loss of business opportunity.
d. loss of goods, time, or damage.
e. loss of anticipated savings.
f. any loss to your items/property customer or client or Business.
g. loss of goodwill; or
h. any indirect or consequential loss.
14.3 Subject to clause 14.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the Products are suitable for your purposes.
Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.
If you do not wish to be bound by these terms and conditions then you may not use our website.