Terms & Conditions
A. Terms of Sale
This page (together with the documents referred to on it) tells the customer (“You”, ”Your”) the terms and conditions on which Purl Alpaca Designs Limited (“We”, “Us”, “Our”) supply any of the products (Products) listed on Our Site www.purlalpacadesigns.com (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 legally bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1 YOUR STATUS
1.1 By placing an order through Our Site, You warrant that:
1.1.1 You are legally capable of entering into binding contracts; and
1.1.2 You are at least 18 years old.
2 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 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 email 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 such Products has been confirmed in a separate Dispatch Confirmation.
3.1 Due to limited availability of some of the Products We sell, a particular item may be out of stock. We accept no liability for delays caused by Products being out of stock. If You have requested multiple shipments We will debit the second and any subsequent shipment’s carriage charges from Your card.
3.2 Times to dispatch shown on the Our Site are an estimate only. We shall not be liable for delays caused by matters outside Our control.
3.3 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 14 days of the Dispatch Confirmation, unless there are exceptional circumstances.
3.4 Any claim based on any defect in quantity, quality or condition of the Products must be notified to Us within ten days of delivery after which You will be deemed to have accepted the Products.
3.5 Risk of damage to or loss of the product shall pass to You at the point at which they are Delivered to You.
3.6 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.
3.7 If no UK delivery address is specified in Your order consignments will automatically be sent to the billing address.
4 PRICE AND PAYMENT
4.1 The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error. These prices include VAT.
4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent You an Dispatch Confirmation.
4.3 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.
4.4 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 unmistakable and could have reasonably been recognised by You as a miss-pricing.
4.5 Payment for all Products must be by credit or debit card. We accept payment via Visa, Visa Debit, Visa Electron, Visa Delta, MasterCard, Solo and American Express.
5 YOUR RIGHT TO CANCEL
5.1 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 6 below).
5.2 To cancel a Contract, You must inform Us in writing. You must also return the Products 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.
6 OUR REFUNDS POLICY
6.1 When You return a Product to Us:
6.1.1 because You have cancelled the Contract between Us within the seven-day cooling-off period (see clause 5 above), 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 in full, including the cost of sending the item to You. However, You will be responsible for the cost of returning the item to Us;
6.1.2 for any other reason (for instance, because have notified Us in accordance with clause 20 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.
6.2 We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
7 OUR LIABILITY
7.1 We warrant to You that 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.
7.2 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 and any losses which are a foreseeable consequence of Us breaking the contract. Losses are foreseeable where they could be contemplated by You and Us at the time Your order is accepted by Us.
7.3 We do not exclude or limit in any way Our liability:
7.3.1 For death or personal injury caused by Our negligence;
7.3.2 Under section 2(3) of the Consumer Protection Act 1987;
7.3.3 For fraud or fraudulent misrepresentation; or
7.3.4 For any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
7.3.5 We are not responsible for any loss of profit, anticipated savings, goodwill or business opportunity, or for any indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and Us, including but not limited to:
7.3.6 loss of income or revenue;
7.3.7 loss of business;
7.3.8 loss of anticipated savings;
7.3.9 loss of data; or
7.3.10 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 7.4 shall not prevent claims for loss of or damage to Your tangible property that fall within the terms of clause 7.1 or clause 7.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 7.4.
8 WRITTEN COMMUNICATIONS
8.1 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 Site. 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.
9.1 All notices given by You to Us must be given to Purl Alpaca Designs Limited here. 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 8 above. Notice will be deemed received and properly served immediately when posted on Our Site, 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.
10 TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 The Contract is binding on You and Us and on Our respective successors and assigns.
10.2 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.
10.3 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.
11 EVENTS OUTSIDE OUR CONTROL
11.1 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.
12.1 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.
12.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
12.3 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 9 above.
13.1 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.
14 ENTIRE AGREEMENT
14.1 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.
14.2 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.
14.3 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.
15 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities.
15.2 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).
16 LAW AND JURISDICTION
16.1 Contracts for the purchase of Products through Our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
17 COMPANY DETAILS
17.1 Purl Alpaca Designs Limited. Company No. 06530118
Registered C/O – Anderson & Co. Sumpter House
8 Station Road
www.purlalpacadesigns.com is a site operated by Purl Alpaca Designs Limited (“We”, “Us”, “Our”). We are registered in England under company number 06530118 and have Our registered office at Anderson & Co. Sumpter House, 8 Station Road, Histon, Cambridge, CB24 9LQ. Our main trading address is 6 Regatta Court, Oyster Row, Cambridge CB5 8NS. Our VAT number is 931 324 942. We are a limited company.
Access to Our site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our site without notice. We will not be liable if for any reason Our site is unavailable at any time or for any period.
You may only use Our site for lawful purposes. You may not use Our site:
- in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful program or similar code designed to adversely affect the operation of any computer software or hardware.
You agree not to reproduce, duplicate, copy or re-sell any part of Our site.
We are the owners or the licensees of all intellectual property rights in Our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on Our site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
OUR SITE CHANGES REGULARLY
We aim to update Our site regularly, and may change the content at any time. If the need arises, We may suspend access to Our site, or close it indefinitely. Any of the material on Our site may be out of date at any given time, and We are under no obligation to update such material. You use such material at Your own risk.
The material displayed on Our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We, hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our site or in connection with the use, inability to use, or results of the use of Our site, any Websites linked to it and any materials posted on it.
This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
Contracts for the supply of goods or services formed through Our site or as a result of visits made by You are governed by Our terms and conditions of supply (above).
You must not misuse Our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
Where Our site contains links to other sites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them.
These terms and conditions shall be governed by the laws of England and You agree to submit to the non-exclusive jurisdiction of the English courts.
Purl Alpaca Designs Limited (“We”, “Our”, “Us”) are committed to protecting and respecting the privacy of visitors to Our site (“You”, ”Your”).
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Purl Alpaca Designs Limited of Anderson & Co. Sumpter House, 8 Station Road, Histon, Cambridge, CB24 9LQ. Our nominated representative for the purpose of the Act is Tracy Birch.
We may collect and process information that You provide by filling in forms on Our site www.purlalpacadesigns.com (Our site). This includes information provided at the time of registering to use Our site, subscribing to Our service, posting material or requesting further services.
We may collect information about Your computer, including where available Your IP address, operating system and browser type, for system administration and to report aggregate information to Our advertisers. This is statistical data about Our users’ browsing actions and patterns, and does not identify any individual.
We use information held about You in the following ways:
- to ensure that content from Our site is presented in the most effective manner for You and for Your computer;
- to provide You with information, products or services that You request from Us or which We feel may interest You, where You have consented to be contacted for such purposes;
- to carry out Our obligations arising from any contracts entered into between You and Us;
- to allow You to participate in interactive features of Our service, when You choose to do so; and
- to notify You about changes to Our service.
We may also use Your data, or permit selected third parties to use Your data, to provide You with information about goods and services which may be of interest to You and We or they may contact You about these by post or telephone.
If You are an existing customer, We will only contact You by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to You.
If You are a new customer, and where We permit selected third parties to use Your data, We (or they) will contact You by electronic means only if You have consented to this.
Disclosure of your information
We may disclose Your personal information to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose Your personal information to third parties:
- in the event that We sell or buy any business or assets, in which case We may disclose Your personal data to the prospective seller or buyer of such business or assets;
- if Purl Alpaca Designs Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and
You have the right to ask Us not to process Your personal data for marketing purposes. We will usually inform You (before collecting Your data) if We intend to use Your data for such purposes or if We intend to disclose Your information to any third party for such purposes. You can exercise Your right to prevent such processing by checking certain boxes on the forms We use to collect Your data. You can also exercise the right at any time by contacting us.
Our site may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates. Please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies.
The Act gives You the right to access information held about You. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet Our costs in providing You with details of the information We hold about You.