General Terms and Conditions and Privacy Policy
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number and credit card/payment details.
We’ll use this information for purposes, such as, to:
We accept payments using Stripe. When processing payments, some of your data will be passed to Stripe, including information required to process or support the payment, such as the purchase total and billing information.
The Stripe privacy policy is available here: https://stripe.com/gb/privacy/.
We store your name, address, email and phone number (Billing Information) and use it to populate the checkout for future orders and for the purposes of processing recurring subscription payments.
Thank you for visiting our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern James Shaw’s relationship with you in relation to this website.
The term ‘James Shaw’ or ‘us’ or ‘we’ refers to the owners of the website whose office is Unit 4, Second Floor Walkway, Taplow House, London, SE17 2UL. The term ‘you’ refers to the user or viewer of the website.
1. OUR PRODUCTS
1.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
1.2. Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
1.3. The packaging of the Products may vary from that shown on images on our site.
2. YOUR CONSUMER RIGHT OF RETURN AND REFUND
2.1 If you are in any way unhappy with your goods you may send them back for an exchange or a full refund.
2.2 Goods must be returned within 14 days of dispatch. We ask that you return the goods unused. We request that you please enclose the invoice supplied with your delivery. Please contact us before you do.
2.3 Unfortunately, we cannot refund or exchange used or customer damaged items (statutory rights not affected). Please note, however, that we are unable to reimburse postage costs.
2.4 When you return goods, please retain proof of posting from your shipper. Without this we cannot be responsible for any items that fail to reach us.
3. RISK AND TITLE
3.1 The Goods will be at your risk from the time of delivery.
3.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
4. PRICE AND PAYMENT
4.1 The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
4.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
4.3 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.
5. OUR LIABILITY
5.1 We warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.
5.2 Subject to clause 10.5, our liability for losses you suffer as a result of us breaking this agreement, including deliberate breaches, is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
5.3 Subject to clause 10.5, we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
5.3.1 loss of income or revenue;
5.3.2 loss of business;
5.3.3 loss of profits or contracts;
5.3.4 loss of anticipated savings;
5.3.5 loss of data; or
5.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 10.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause
5.2 or any other claims for direct financial loss that are not excluded by any of the categories
5.3.1 to 10.3.6 inclusive of this clause 10.3.
5.4 Where you buy any Goods from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
5.5 Nothing in these terms and conditions excludes or limit in any way our liability:
5.5.1 for death or personal injury caused by our negligence;
5.5.2 under section 2(3) of the Consumer Protection Act 1987;
5.5.3 for fraud or fraudulent misrepresentation; or
5.5.4 for any matter for which it would be illegal and/or unlawful for us to exclude, or attempt to exclude, our liability.
6. IMPORT DUTY
6.1 If you order Goods 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.
6.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
7. TRANSFER OF RIGHTS AND OBLIGATIONS
7.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
7.2 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.
7.3 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.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We reserve the right to defer the date of delivery of or to cancel the Contract (without liability to you) if we are prevented from or delayed in the carrying on of our business due to any event of force majeure, provided that, if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the Contract.
8.2 In these terms and conditions an event of force majeure shall include (without limitation) Act of God, war, threat of war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, tempest, flood, adverse weather conditions, epidemic, accident, acts or omissions on the part of any governmental or local authority or highways authority or public telecommunications, import or export regulations or embargoes, disruption of power supply, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or any default of any of our suppliers.
8.3 Our performance under any Contract is deemed to be suspended for the period that an event of force majeure 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 event of force majeure to a close or to find a solution by which our obligations under the Contract may be performed despite the event of force majeure.
9. WAIVER
9.1 Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.
9.2 Any waiver by us of any breach of, or any default under, any provision of the Contract shall not be construed as a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
10. 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.
11. ENTIRE AGREEMENT
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.
12. RIGHTS OF THIRD PARTIES
The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
13. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
COOKIE POLICY
This website uses cookies. We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our websites or we will assume that you consent to our use of cookies in accordance with the terms of this policy by you continuing to use our websites.
ABOUT COOKIES
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser, and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.Cookies can be used by web servers to identity and track users as they navigate different pages on a website and to identify users returning to a website.Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
HOW WE USE COOKIES
Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.We may use the information we obtain from your use of our cookies for one or more of the following purposes:
To recognise your computer when you visit our website;
To track you as you navigate our website, and to enable the use of the shopping cart and other features of our website;
To improve the website’s usability;
To analyse the use of our website;
In the administration of this website;
To prevent fraud and improve the security of the website;
THIRD PARTY COOKIES
We use Google Analytics to analyse the use of our websites. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our websites is used to create reports about the use of the websites. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.From time to time we may use other web analytics or analysis tools. The information generated from these tools is used to create reports about the use of our websites.
BLOCKING and DELETING COOKIES
You can disable cookies in your browser, or delete cookies after visiting this site.