Terms & Conditions

These terms are the terms and conditions on which we supply any of the products listed on our website http://www.helengordon.co.uk (our site) to you.  Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. INFORMATION ABOUT US
http://www.helengordon.co.uk is a site operated by Helen Gordon.  We are registered in England and Wales with our registered office at 2 Meadowview, Brightwell Street, Brightwell cum Sotwell. Oxon. OX10 0RX.  Our trading address is 2 Meadowview, Brightwell Street, Brightwell cum Sotwell. Oxon. OX10 0RX.
Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old.

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. 
2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

3. CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9). 
3.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
3.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
Digital Wallpaper
3.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your statutory rights.

4. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. 
Unless specified in the Dispatch confirmation products will be delivered to you by Royal Mail, our nominated carrier in 3 working days by first class recorded delivery in the UK provided the items are in stock. In addition to the cost of the products you have on hand you will be charged for delivery as follows. We reserve the right to decline to fulfil orders for any reason, including inaccurate pricings or specifications being published on the website.

Delivery Charges

CountryUnder £50Over £50- £100£100-£200Over £200
UK £3.85 £5.50 £10.00 FREE
EUROPE (INC CHANNEL ISLANDS) £5.50 £7.50 £12.00 QUOTE FOR INDIVIDUAL ORDERS
REST OF WORLD £10.00 £15.00 £20.00 QUOTE FOR INDIVIDUAL ORDERS

5. RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

6. PRICE AND PAYMENT
6.1 The price of any Products will be as quoted in pounds sterling on our site from time to time, except in cases of obvious error. 
6.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due set out in clause 6. 
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Products must be through Paypal. You must pay for all products before they will be dispatched to you. 
7. OUR REFUNDS POLICY
7.1 When you return a Product to us:
(a) If the product is damaged, and provided that you notify us within 7 days of receipt of the product in accordance with clause 12 and return the product to us at the postal address on clause 1, we will replace the product free of charge (including delivery costs). You are advised to return proof of postage to enable us to process the refund of your postage costs.
(b) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product. You will be responsible for the cost of returning the item to us. Return the goods with the despatch note, in an unused condition, having taken reasonable care of it and in an unused state complete with original packaging and with all tags intact. If the product has not been returned in a fully resalable condition, we reserve the right to refuse a refund on the item.
(c) for any other reason (for instance, because you have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 
7.2 We will usually refund any money received from you by cheque.

8. OUR LIABILITY
8.1 We warrant to you that
(a) any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied provided that whilst we will use all reasonable efforts to ensure that the Product conforms to the colour shown on the website, variation in colour is inevitable and will depend to some extent on your computer monitor. A reasonable variation from the illustrated colour will not constitute a breach of contract by us or entitle you to return the Products, and
(b) we will comply with our obligations under the Data Protection Act 1998 and other relevant legislation applicable in England from time to time in respect of the data that we may hold about you from time to time.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
8.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation;
(d) For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.

9. IMPORT DUTY
9.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.
9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

11. NOTICES
All notices given by you to us must be given to Helen Gordon at 2 Meadowview, Brightwell Street, Brightwell cum Sotwell. Oxon. OX10 0RX. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or in any of the ways specified in clause 12 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  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.

12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. EVENTS OUTSIDE OUR CONTROL
13.1 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 events outside our reasonable control (Force Majeure Event). 
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. WAIVER
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

15. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

18. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.