Terms & Conditions

Introduction

This page (together with any pages referred to in it) tells you the terms and conditions upon which this site operates. You may print a copy for future reference.

About Us

This Website (www.benandhannahdunnett.com) (the “Website”), is owned by and operated by Ben and Hannah Dunnett Ltd.

Ben and Hannah Dunnett Ltd
The Old Workshop
Perranarworthal
Truro
Cornwall
United Kingdom
TR3 7NY
01872 870880
office@benandhannahdunnett.com

Company Registration Number 8466392.
VAT Registration Number 170 6217 27

How These Terms and Conditions Apply

These terms and conditions together with our Privacy Policy apply to your use of and access to the Website.
By using the Website you are agreeing to comply with and be bound by these terms and conditions regarding the use of the Website. You must not use the Website if you do not agree to comply with and be bound by these terms and conditions.
Use of the Website includes accessing, browsing or registering for the Website.
We reserve the right to change these terms and conditions at any time. We will take reasonable steps to make you aware of any changes to the terms and conditions, for example by posting them on the Website. You agree to be bound by the version of these terms and conditions displayed on the Website at the time you use it.

Access
You are responsible for making all arrangements necessary for you to have access to the Website.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions, and that they comply with them.
We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of server or systems failure or other technical issues, or reasons that are beyond our control, required updating, maintenance or repair.
Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

Creating an Account
By registering for an account on the Website you undertake:

That all the details you provide to us for the purpose of registering on the Website are accurate and complete in all respects
You will notify us immediately of any changes to the information provided on registration
You are over 18
To only use the Website using your own username and password
To make every effort to keep your password safe
Not to disclose your password to anyone
To change your password and to tell us immediately upon discovering that it has been used without your permission
To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
To be responsible for all actions taken under your username and password

We reserve the right to suspend or terminate your access to the Website if you breach your undertakings in this clause.

Orders

Placing an Order
To be eligible to purchase items from our website (the “Goods”) and lawfully enter into and form a contract with us, you must be 18 years of age or over.
Before confirming your order please read through these terms and conditions and in particular our cancellations and returns policy.

By placing an order on this website, you agree to be legally bound by these terms and conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions. If you do not agree to these terms and conditions, you must cease using and accessing this Website.

If you are unhappy with or unclear about any aspect of these terms, please contact us before placing an order either by telephone on 01872 870880, by email at office@benandhannahdunnett.com or by post using the address given above.

Payment can be made by any major credit or debit card or by using a PayPal account.
By placing an order, you consent to payment being charged to your debit/credit card account or PayPal account as provided at checkout.

Once you have placed an order for goods and delivery we will send you a confirmation email that your order has been received. Your credit/debit card/PayPal account will be authorised and charged when your order is placed and processed.

Prices
All prices quoted on this Website are accurate at the time of publication and are quoted in pounds sterling. Unless otherwise stated, the prices quoted include VAT. If your order is being despatched to a destination outside the European Union (EU) then your sales tax will be zero. If your order is being sent to a member state of the EU then the price quoted will include VAT. You will be responsible for the payment of any customs or import duties levied once the package reaches your destination country. Prices and availability of goods are subject to change without notice.

Order Confirmation
When you decide to place an order for goods with us, this is when you offer to buy such goods from us.

From time to time, we may have to contract you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:

the goods are unavailable;
we cannot authorise your payment;
you are not allowed to buy the goods from us;
we are not allowed to sell the goods to you;
you have ordered too many goods; or
there has been a mistake on the pricing or description of the goods.

We will only accept your order when we confirm this to you by sending an email to confirm this (Confirmation Email). At this point a legally binding contract will be in place between you and us.

Shipping
Please note that a delivery charge will be added to your order value where appropriate.
We aim to ship all deliveries within 5 working days of the order being placed on the website. All dates quoted for delivery are estimated delivery dates only and may be subject to change. Ben and Hannah Dunnett Ltd cannot accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery. Prices are inclusive of UK VAT at the applicable rate.
Please see our Shipping page for a more detailed breakdown of the shipping costs.

We or our representative will let you know the estimated date for delivery of the goods. If our representative does not have this information, it will be set out in the Confirmation Email).
If something happens which is outside of our control and/or affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the goods.
Delivery of the goods will take place when we deliver them to the address that you gave to us at which time you will be responsible for them.
Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
-let you know;
-cancel your order; and
-give you a refund.

If nobody is available to take delivery, please contact us using the contact details at the top of this contract.
We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, please contact us or check the Confirmation Email.

Conformity of Goods
We take every care to ensure that the description of our products are correct. However, descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products.
While the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

are of satisfactory quality;
are fit for purpose; and
match the description.

We must provide you with goods that comply with your legal rights.
The packaging of the goods may be different from that shown on our website (if any).

Stock Availability
We endeavour to display through this Website all items in our current range. However, occasionally an item will be out of stock and if this is the case this will be highlighted on the product page.

Cancellation Policy
You have a right to cancel your order via email or phone within 30 days of receipt and receive a refund of all charges for the goods and standard delivery charges. You will then need to return the order by tracked post. Parcels returned by post are returned at your own cost. A refund will be issued once the returned goods have been received.

To cancel your order within 30 days, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email) using the contact details at the top of this contract. You may use our model Cancellation Form, but it is not obligatory. Or if you prefer, please phone the office and our contact details are at the bottom of this page.

You can also electronically fill in and submit the model cancellation form. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation.

The Goods must be returned complete, in perfect condition, unused and with the original packaging. You will need to return the order by tracked post or courier. Parcels returned by post/courier are returned at your own cost. Items can be returned outside this period if they are found to be faulty/damaged. We may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. Any refunds will be via the same method of payment and will be within 14 days of us receiving the goods back.

Returns Policy
Please see our returns page for our detailed returns policy. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

If our Goods are not in line with your statutory rights (explained above), please contact us using the contact details at the top of this contract, if you want:

us to repair the goods;
us to replace the goods;
a price reduction; or
to reject the goods and get a refund.

Please return any faulty goods to us. We will bear the cost of your postage to return any faulty goods to us.

Overseas Orders
We do accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying any additional shipping or postage costs. Any additional shipping or postage costs will be calculated at checkout. If you do not wish to pay these costs you may cancel your order.

Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

If we agree to supply any goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges. Please contact your local customs office or taxation authority for further information if you are unsure.

Wholesale Orders
The overwhelming majority of our products are available to retailers at trade prices.
Please email us at office@benandhannahdunnett.com if you would like to open a trade account.

DISCLAIMER & LIMITATIONS OF LIABILITY

Disclaimer

The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).

We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

External links

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for the privacy practices of such website, the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or the use which others make of these websites.

Limitation of liability and indemnity

If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.

We cannot exclude or limit our responsibility to you for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, action pursuant to section 2(3) of the Consumer Protection Act 1987, any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015 or any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses where they have arisen from use of or inability to use the Website for commercial purposes, or use of or reliance on any material or content displayed on the Website or on any linked websites for commercial purposes:

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
Any loss of goodwill or reputation
Any special or indirect losses
Any loss of data
Wasted management or office time
Any other loss or damage of any kind.

If you are not a consumer we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website.

If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the terms and conditions or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before using the Website. We are not responsible for unforeseeable losses.

If you are not a consumer, you agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

If you are a consumer you agree to fully reimburse us, our officers, directors, employees and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party.

Ben and Hannah Dunnett Ltd may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Ben and Hannah Dunnett Ltd.

Intellectual Property

In these terms and conditions, Intellectual Property Rights mean copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Ben and Hannah Dunnett Ltd, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).

The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by Ben and Hannah Dunnett Ltd. and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors.

Subject to the above clause you may retrieve and display materials on the Website on a computer screen, download and store in electronic form materials on the Website and copy and print one copy only of materials on the Website.

Copying, downloading, storing or printing the materials on the Website for any reason other than personal use or in accordance with the above clause is expressly prohibited. You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or create derivative works from any of the materials on the Website. No licence is granted to you to use any of our trade marks or those of our affiliated companies. You agree that you will not use our Intellectual Property Rights in any way other than allowed under these terms and conditions and any infringement by you of our Intellectual Property Rights will be a breach of these terms and conditions.

Use of The Website

You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions as may be amended from time to time without notice to you.

Provided that you comply with the other provisions of this clause, you may download or print one copy only of pages of our website for your own private use or to draw attention to the content of our website to members of your organisation.

You must not download or print pages of the Website for commercial use other than use permitted by the previous clause, alter the content of any webpage you download or print, or use any images, videos or photographs on the webpage without the accompanying text.

You must keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print, acknowledge us as the owners of the content of the Website, erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and destroy any pages of the Website or materials on those pages printed other than in accordance with this clause.

You must not modify, adapt, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent if you provide us with the information we request.
We provide access to and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

We reserve the right to make changes to the information or materials on this Website at any time, temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party, refuse to post material on the Website or to remove material already posted on the Website.

You may not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material
Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person including their right to privacy
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
Breaching any applicable local, national or international laws, regulations or code of practice
Gaining unauthorised access to other computer systems
Interfering with any other person’s use or enjoyment of the Website
Breaching any laws concerning the use of public telecommunications networks
Interfering with, disrupting or damaging networks or websites connected to the Website
Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
To create and/or publish your own database that features all or substantial parts of the Website or the contents of the Website
Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
Selling or re-selling or using for commercial purposes any of the content of or access to the Website or using for commercial purposes any of the content of or access to the Website
To represent to others that there is any connection between the Website and your business or your views and opinions or that we endorse you or anything connected to you

In addition, you must not:
Knowingly introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
Impersonate any other person or fraudulently provide us with incorrect information
Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
Attack the Website via a denial-of-service attack or a distributed denial-of service attack
Damage, disrupt or interfere with any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
Remove any copyright notice or notice of any other intellectual property right from the Website or any materials on the Website
A breach of the above clauses may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Suspending or terminating your access

We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
You breach these terms and conditions (repeatedly or otherwise)
You are impersonating any other person or entity
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
We suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website.

Law and Territory
This Website is controlled and operated in the United Kingdom. These terms and conditions and your use of our Website are governed by English law and this Website and our terms and conditions have been designed primarily for use within the United Kingdom. If you are a business, these terms and conditions are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over legal proceedings in connection with your use of the Website, any breach of these terms and conditions and any question in connection with the interpretation or application of these terms and conditions. If you are a consumer, these terms and conditions are governed by the laws of England and Wales and you can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in either the courts of your home country or England and Wales.

GDPR and Privacy

We take the protection of your data seriously and have taken the necessary steps to ensure that we are compliant with EU GDPR legislation. For more detail on this, please see our privacy policy.

Feedback and Complaints
If you have any questions/feedback concerning the Website or these terms and conditions, or if you have a complaint about any products purchased by you from the Website, you can contact us by telephone on 01872 870880 or by email at office@benandhannahdunnett.com or by post using the address given above.

We are very keen to ensure that you are looked after and valued and will do our utmost to help and assist you.