Terms and Conditions

This website is operated through domain name ‘ cotterillcivils.co.uk (referred to as “Cotterill Civils Ltd/we/our/us”). As a user of this website (referred to as “you/your”) you acknowledge that any use of this website by you including any transactions you make (“use/using”) is subject to our terms and conditions below (which includes any other important hyper-linked sections e.g. How to Use this Site, Returns and Refunds, and Privacy Policy.

By using this website you confirm that you are at least 18 years old or if you are not at least 18 years old , that you have the authority/consent of your parent or guardian to do so.

Please make sure you:

Read through these terms and conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.

Print a copy for future reference.

We reserve the right to cancel any order placed online through cotterillcivils.co.uk.

General

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect from when they are posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

Order process

2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered.

2.3 We do not file details of your order for you to subsequently access direct on this website, and you are therefore advised to print out these terms and conditions together with the order acknowledgement for your own records.

Delivery

3.2 Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales.

3.3 Risk of loss and damage of products passes to you on the date when the products are delivered.

Payment

4.1 The price of the goods shall be the price set out in the order or, if no price is quoted, the price displayed on the website at the time we receive your order or as stated in the published price list in force at the date of delivery. Whilst we make every effort to ensure that all prices on our website are accurate, errors sometimes occur. If we discover an error in the price of the goods you have ordered, we will inform you of this fact as soon as possible. You will be given the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled and we will refund to you any payment you have made in respect of the cancelled order.

4.2 We may, by giving notice to you at any time up to 30 days before delivery, increase the price of the goods to reflect any increase in the cost of the goods that is due to:

(a) any factor beyond our control (including foreign exchange fluctuations, increases in

(b) any request by you to change the delivery date(s), quantities or types of goods

(c) any delay caused by any instructions from you or failure by you to give us adequate

4.3 We may invoice you for the goods on or at any time after the completion of delivery.

4.4 You shall pay the invoice in full and in cleared funds within 30 days of the date of the invoice. Payment shall be made by any method stated on the invoice, or agreed in writing by us. Time of payment is of the essence.

4.5 If you fail to make payment by the due date then we reserve the right to charge interest on the overdue amount at the rate of 8% per annum above the base rate of The Bank of England. Interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.

4.6 You shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.

Title

5.1 Title to the goods shall not pass to you until we receive payment in full (in cash or cleared funds) for the goods.

5.2 Where we have supplied to you any other goods in respect of which payment has become due, title to the goods shall pass at the time of payment of all sums owing to us.

5.3 Until title to the goods has passed to you, you shall:

(a) not remove, deface or obscure any identifying mark or packaging on or relating to

(b) maintain the goods in satisfactory condition and keep them insured against all risks

(c) notify us immediately if you become subject to any insolvency procedure; and

(d) give such information relating to the goods as we may require from time to time.

5.4 If, before title to the goods passes to you, you become subject to any insolvency procedure then, without limiting any other right or remedy we may have:

(a) your right to resell the goods or use them in the ordinary course of business ceases taxes and duties, and increases in labour, materials and other manufacturing costs); ordered, or the specification; or accurate information or instructions. the goods; for their full price from the date of delivery; immediately; and

(b) we may at any time:

(i) require you to deliver up all goods in your possession which have not been

(ii) if you fail to do so promptly, enter any of your premises of those of any third resold, or irrevocably incorporated into another product; and party where the goods are stored in order to recover them.

Returns, Cancellations and Substitutions

6.1 Refunds see below.

6.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

6.3 After the date of order there will be a 14 day cooling off period. Should you wish to change or cancel your order please notify us within this period.

Refunds

We will refund your item within 14 days guaranteed. This is subject to: 1. The item in not damaged or altered 2. The item is returned in the same state it left us.

Intellectual Property

7.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors (as appropriate). You are permitted to use this material only as expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any text, video, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.

7.2 You acknowledge and agree that the material and content contained within this website is made available for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Liability and Indemnity

8.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

8.2 Subject to Section 8.1 above, we will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server from which it is made available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Cotterill Civils Ltd 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 or taken in reliance on material or information contained on the site.

8.3 Subject to Section 8.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 6 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

8.4 Subject to Section 8.1 above, we will not be liable whether in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

8.5 Notwithstanding the above, subject to Section 8.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

8.6 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

8.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

Miscellaneous Provisions

9.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of Birmingham, UK. English is the only language offered for the conclusion of the contract.

9.2 Barclay Merchant Services processes all debit, credit and charge card payments for customers and will retain a handling fee from the transaction value. The remaining amount will be paid to us for the goods and services supplied. The total amount payable by all customers regardless of the means of payment will be the same, as we will be incurring the cost of the handling fee on your behalf.

9.3 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond its reasonable control.

9.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. 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, directly or indirectly, for:

the privacy practices of such websites,

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 to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

9.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us.

9.6 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

9.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

9.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:

We shall have the right to enforce any rights or benefits under these terms and conditions;

We shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;

A person who is a permitted successor or assignee under Section 9.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.

No consent from the persons referred to in Section 9.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

9.9 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Us.

9.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Us for your use of this website

9.11 Our finance services are currently not available for use with purchases of any “Stock” items, or in conjunction with any special offers/vouchers.

Specific Clauses.

Delivery Errors, Delays, Force Majeure.

10.0 We cannot be held responsible for any costs incurred due to a delayed delivery, all of our delivery dates are approximations, and due to the handmade nature of our items there are instances when items will take longer. We endeavour to give accurate delivery time information, however cannot be held liable in the event of this information being invalid.

10.1 In the event that a delivery address has been provided incorrectly, or that a product is delivered to an incorrect address, we cannot be held liable for any costs incurred directly or indirectly due to this.

10.2 Force Majeure- Cotterill Civils Ltd Products(Cotterill Civils Ltd), Cannot be held liable for any costs incurred due to failure to deliver any part of the contract if this failure is due to an Act Of God, I.E. Hurricanes, Adverse Weather Conditions, Impassable Snow Fall, Volcanic Eruption, Nor shall we be liable in the event of, (including but not limited to) Terror Attacks, Rioting, Strike action, War, Power Failure, Customs intervention.

Damage to items.

10.3 Product damage during installation, carriage or movement once purchased under non-manufacture guidance cannot be returned or refunded.

Products.

10.4 We take time to ensure that our website prices, images and descriptions are correct, however human error can occur, and as such we cannot be held liable for such mistakes, or for any costs incurred in relation to this failure to deliver.

10.5 All Product images are for illustration purposes only, in certain circumstances the product may differ slightly due to the handmade nature of our items. Unless specifically stated in title or description, each Catalogue item is offered for sale individually, all items are sold separately.

10.6 Any item sold as “stock” through our website is a physical item, either in stock, or displayed for sale in a retail store, as such there are instances when these items are purchased in store, and also purchased online. In this event, the in store purchase will take precedent. We cannot be held liable for any errors that may occur with the removal of stock items, or for costs incurred by parties as a result of this. We will always endeavour to come to a reasonable solution for both parties.

Countries of Operation and Currency

10.7 We only fulfill and allow orders from UNITED KINGDOM.

10.8 We only process and accept order(s) in these given currencies: BRITISH STERLING (GBP)

Consent

By using the Site you consent to our collection and use of your Personal Information as stated above. If we decide to change our privacy policy, we will post a notice to that effect on the Site.

Disclaimer of Warranties and Damages; Limitation of Liability YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO COTTERILL CIVILS LTD PRODUCT ‘S NEGLIGENCE, SHALL COTTERILL CIVILS LTD PRODUCT BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF COTTERILL CIVILS LTD PRODUCT OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.