This agreement applies as between you, the User of this Web Site or Purchaser and Candy Harbour Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
- “Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
- “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
- “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
- “Goods” means any products that Candy Harbour Ltd advertises and / or makes available for sale through this Web Site;
- “Candy Harbour Ltd” Means Candy Harbour Ltd, 1 Waterside Park, Harrison Street, Ramsbottom, BL0 0AD;
- “Service” means collectively any online facilities, tools, services or information that Candy Harbour Ltd makes available through the Web Site either now or in the future;
- “Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
- “Purchaser” means any person or business that buys Goods from Candy Harbour Ltd from this Web Site;
- “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
- “Premises” means our place(s) of business located at http://www.candyharbour.com and 1 Waterside Park, Harrison Street, Ramsbottom, BL0 0AD;
- “System” means any online communications infrastructure that Candy Harbour Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- “User” / “Users” means any third party that accesses the Web Site and is not employed by Candy Harbour Ltd and acting in the course of their employment; and
- “Web Site” means the website that you are currently using (http://www.candyharbour.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. International Customers
If Goods are being ordered from outside Candy Harbour Ltd’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Candy Harbour Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Candy Harbour Ltd gives no guarantee that the packaging of the Goods will be free of signs of tampering.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Candy Harbour Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Candy Harbour Ltd.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Candy Harbour Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Use of Communications Facilities
- 8.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
- 8.1.1 obscene or vulgar language must not be used;
- 8.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 8.1.3 Content that is intended to promote or incite violence must not be submitted;
- 8.1.4 it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- 8.1.6 Users must not impersonate other people, particularly employees and representatives of Candy Harbour Ltd or our affiliates; and
- 8.1.7 our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
- 8.2 You acknowledge that Candy Harbour Ltd reserves the right to monitor any and all communications made to us or using our System.
- 9.1 In order to purchase Goods on this Web Site Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Web Site as we may not require payment information until a purchase is to be made. By continuing to use this Web Site you represent and warrant that:
- 9.1.1 all information you submit is accurate and truthful;
- 9.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
- 9.1.3 you will keep this information accurate and up-to-date.
- 9.1.4 Your creation of an Account is further affirmation of your representation and warranty.
- 9.2 It is recommended that you do not share your Account details, particularly your username and password. Candy Harbour Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your Internet browser.
- 9.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Candy Harbour Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Candy Harbour Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
- 9.4 When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
10. Termination and Cancellation
- 10.1 Either Candy Harbour Ltd or a User may terminate an Account. If Candy Harbour Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- 10.2 If Candy Harbour Ltd terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
- 10.3 Candy Harbour Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
- 10.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
- 10.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
- 11.1 Payment shall be made by the Customer for all monies owed to Candy Harbour Ltd in respect of orders for Goods.
- 11.2 Payment shall be made on order and all major credit and debit cards (Maestro, MasterCard, Visa, and Solo).
- 11.3 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Candy Harbour Ltd.
12. Goods, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Candy Harbour Ltd correspond to the actual Goods, Candy Harbour Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.
- 12.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
- 12.3 Candy Harbour Ltd does not represent or warrant that such Goods will be available. Stock indications are provided on the Web Site however these may not take into account sales that have taken place during your visit to the website.
- 12.4 All pricing information on the Web Site is correct at the time of going online. Candy Harbour Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Goods and Candy Harbour Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
- 12.6 All prices on the Web Site do not include VAT. Candy Harbour Ltd’s VAT number 158 5273 43.
13. Property, Risk and Account of Profits
- 13.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Candy Harbour Ltd. Title remains with Candy Harbour Ltd until payment is complete.
- 13.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Candy Harbour Ltd or forming a component part of a larger Good, and any amount of the purchase price payable to Candy Harbour Ltd remains outstanding, the Purchaser must account to Candy Harbour Ltd for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Candy Harbour Ltd until payment has been received in full by Candy Harbour Ltd.
Candy Harbour Ltd reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Candy Harbour Ltd has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of Clause 14.1, remain the property of Candy Harbour Ltd.
If Candy Harbour Ltd receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15. Returns Policy
Candy Harbour Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
- 15.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 7 days to arrange collection and return. Candy Harbour Ltd is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
- 15.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact Candy Harbour Ltd within 28 days to arrange collection and return. Candy Harbour Ltd is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
- 15.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
- 15.4 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Candy Harbour Ltd within 7 days and arrange collection and return. Candy Harbour Ltd is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
- 15.5 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Candy Harbour Ltd within 7 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Candy Harbour Ltd. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
- 15.6 If the Purchaser wishes to return Goods to Candy Harbour Ltd for any of the above reasons, please contact us using the details at the bottom of every page to make the appropriate arrangements.
- 15.7 Candy Harbour Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- 15.7.1 Any use or enjoyment that you may have already had out of the Goods;
- 15.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
- 15.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
- 15.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
Candy Harbour Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- 17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
18. Changes to the Service and these Terms and Conditions
Candy Harbour Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Web Site is used by them following the changes. If Candy Harbour Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
19. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility Candy Harbour Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, Candy Harbour Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- 20.2 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full during working hours on a business day and on the next business day if the email is sent outside working hours on a business day or on a weekend or public holiday.
24. Law and Jurisdiction
These terms and conditions and the relationship between you and Candy Harbour Ltd shall be governed by and construed in accordance with the Law of England and Wales and Candy Harbour Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
25. Risk and Retention of Title
- 25.1 Risk of damage to or loss of the Goods shall pass to the Buyer at:
- 25.1.1 in the case of Goods to be delivered at the Supplier’s premises, the time when the Supplier notifies the Buyer that the Goods are available for collection;
- 25.1.2 in the case of Goods to be delivered otherwise than at the Supplier’s premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Supplier has tendered delivery of the Goods; or
- 25.1.3 in the case of goods being installed by the Supplier, the time that the Supplier notifies the Buyer that the installation is complete.
- 25.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods.
- 25.3 Sub-clause 25.2 notwithstanding, legal and beneficial title of the Goods shall not pass to the Buyer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Supplier and the Buyer has repaid all moneys owed to the Supplier, regardless of how such indebtedness arose.
- 25.4 Until payment has been made to the Supplier in accordance with these Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Supplier and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Supplier and shall insure the Goods against all reasonable risks.
- 25.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Supplier, but if the Buyer does so all money owing by the Buyer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.
- 25.6 The Supplier reserves the right to repossess any Goods in which the Supplier retains title without notice. The Buyer irrevocably authorises the Supplier to enter the Buyer’s premises during normal business hours for the purpose of repossessing the Goods in which the Supplier retains title and inspecting the Goods to ensure compliance with the storage and identification requirements of sub-clause 25.4.
- 25.7 The Buyer’s right to possession of the Goods in which the Supplier maintains legal and beneficial title shall terminate if:
- 25.7.1 The Buyer commits or permits any material breach of his obligations under these Conditions;
- 25.7.2 The Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with his creditors;
- 25.7.3 The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
- 25.7.4 The Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.