TERMS & CONDITIONS
Terms & Conditions
This website (www.cuyleranddavy.com) (the “website”) is owned and operated by Cuyler & Davy (in this agreement referred to as “Cuyler & Davy”, “we”, “us” or “our”). Our online shop is hosted by servers managed by GoDaddy UK who provide us with the online platform that enables us to sell our products.
These terms and conditions apply to all transactions between yourself, the (“Customer”) and Cuyler & Davy (” Cuyler & Davy”). We reserve the right to change, add to or delete any or all of these Terms & Conditions by posting these changes to this section of the website. Any orders placed via the website after changes have been made will constitute your acceptance of those changes.
No contract shall exist between you and Cuyler & Davy until Cuyler & Davy has sent you an email or other document confirming receipt and acceptance of the order you wish to place. After that confirmation Cuyler & Davy is entitled to withdraw from any contract in the case of obvious error or inaccuracy regarding the order confirmation, price or goods. We will not take payment from you until we have accepted your order. If we believe the order to be fraudulent we reserve the right to decline processing the order.
Cuyler & Davy’s obligation to you is dependent upon the availability of goods. In the event that goods are sold out or no longer available, Cuyler & Davy will send you notification and may offer you an alternative product or if no suitable alternative is available, Cuyler & Davy will issue a refund for the retail price paid for the item. All alternatives offered will be of the same retail value as the original item. Items stored in your Wishlist or shopping basket are not reserved and may be purchased by other customers. Cuyler & Davy at any time may reserve the right to place restrictions on the volume of goods ordered by one customer.
Customers who shop on-line must be 18 years of age or over. When you purchase goods from Cuyler & Davy you will be asked to provide your name, email address, billing address, delivery address, telephone number and credit or debit card details. Cuyler & Davy accepts payment by Visa and MasterCard.
Prices shown on the website are the prices quoted in pounds (£) sterling for which Cuyler & Davy will sell its goods at the time of display. Information concerning prices and availability is subject to change without notice. All prices displayed are accurate at the time of publication and are inclusive of VAT at the standard United Kingdom rate. Cuyler & Davy will charge an additional charge for delivery the amount of which will vary according to the postal region that you choose. In the unlikely event that Cuyler & Davy has to vary the price from that shown on its website after receipt of your order, Cuyler & Davy will send you notification and allow you the opportunity to cancel your order if Cuyler & Davy has not done so already.
Cuyler & Davy will make every effort to fulfil and deliver orders within the delivery time advertised at point of order. However, we cannot guarantee this and will not accept responsibility if your order is delivered outside this time limit which must be regarded as an estimate and is also dependent on availability and normal processing. Cuyler & Davy cannot be held liable for late delivery for any reasons beyond our control. Cuyler & Davy will arrange delivery of goods to the address given in the order and will endeavour to deliver the goods which are in stock and available for delivery within 5 – 14 working days within the United Kingdom and Europe. For countries outside the European Union, Cuyler & Davy cannot guarantee delivery within these time frames and shall not be liable for failure to deliver within the estimated delivery time period. A valid signature will be required upon delivery by courier. This signature should be from a member of your household who is aged 18 or over or a Company official if delivered to a Company address. At that point the goods will be deemed delivered and you will be deemed to be the owner of the goods subject only to your rights set out elsewhere in these Terms and Conditions. For more information on our Delivery Policy click here.
Payment will be obtained by debiting your debit or credit card once we have verified your card details and received credit authorisation. From time to time we may need to contact you to provide further proof of identity as this is to protect both the customer and Cuyler & Davy from online fraud. In this instance, we will need one form of photographic ID such as a valid passport or driving licence as well as a utility bill for the address of the debit or credit card being used for the purchase. Cuyler & Davy reserve the right to cancel any online order should you not provide the adequate proof of identity if requested.
As the Customer, you are liable for all import duties, customs and local sales taxes levied by the country that the goods are being shipped to and payment of these taxes may be required in order to release the goods from customs. Cuyler & Davy cannot be held responsible for any of these charges and they must be paid by the customer. All goods remain the property of Cuyler & Davy until full and final payment is received. Cuyler & Davy cannot deliver to PO Boxes or APO/FPO addresses as this service is not available through our chosen courier service. Cuyler & Davy operate a policy of refund or exchange. This policy does not apply to any item of underwear and footwear that has been visibly worn and all customised, personalised and monogrammed goods. Any unwanted product must be returned in the original packaging with all labels and any swing tags still in place. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and a refund refused. Due to the high value of our products we would recommend that all returns are sent back using either registered or recorded post as Cuyler & Davy cannot be held responsible for any returned goods that are lost in transit. A proof of posting certificate from any Post Office should be obtained for any goods being returned. For more information on our Refunds Policy click here.
Under the Consumer Contracts Regulations, if you buy online or by telephone, consumer rights entitle you to a full refund if you request one in writing within 14 calendar days of receipt. We are sorry but customised, personalised or monogrammed products cannot be refunded or exchanged unless faulty. If cancelling your contract, please package the goods appropriately to ensure that they are returned in perfect condition.
Any sum debited from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order only once the goods have been returned by you and received by us in the condition they were in when delivered to you. If the goods are not received in good condition, we reserve the right not to refund or to deduct the direct costs of recovering the goods from the amount to be credited to you.
Your right to cancel can be exercised in writing by contacting us at Cuyler & Davy, P O Box 7141, Wimborne, Dorset BH21 9EW or emailing us at email@example.com.
We reserve the right to cancel the contract between you and us if we have insufficient stock to deliver the goods you have ordered or we do not deliver to your area or one or more items was listed at an incorrect price due to human error. If we do cancel your contract we will notify you and will re-credit to your account any sum deducted from your credit card as soon as possible. We will not be obliged to offer any additional compensation for disappointment or inconvenience suffered.
If the goods we deliver are not what you ordered or are damaged or defective or the incorrect quantity is delivered, we shall have no liability to you unless you notify us by email of the problem within 7 working days of the delivery of the goods in question. If you do not receive the goods ordered within 14 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by email of the problem within 14 working days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:
To make good any shortage or non-delivery To replace any goods that are damaged or defective To refund the amount paid by you for the goods in question We will not be held liable to you for any indirect or consequential loss, damage or expenses arising out of any problem you notify us of under this condition and will have no liability to pay you any money by way of compensation.
Further, we cannot be held responsible for any delays once the goods have left us and are in the possession of the post office or delivery carrier.
In the case of faulty goods Cuyler & Davy will use reasonable efforts to replace them but if a replacement is not possible or if we choose to cancel, our only obligation will be to refund the full amount paid by you for the goods. This and the other terms contained in these terms and conditions are not intended to affect your statutory rights. The accuracy of the display for shape, scale and colour on our website cannot be guaranteed as this is dependent on your computer or mobile device.
All the design, text and imagery on the website created by us are the copyright of Cuyler & Davy. The site may not be altered, copied or modified in any way or republished without written permission from Cuyler & Davy.
Cuyler & Davy reserves the right to withdraw its website facility without notice.
All transactions are deemed to be completed within the United Kingdom and as such the contract will be governed and interpreted by English law and all disputes submitted to the jurisdiction of the English courts.
If for any reason part of these Terms and Conditions are unenforceable the validity of the remaining terms and conditions shall not be affected.
These Terms and Conditions shall be read in conjunction with all other information you find on our website concerning our relationship. If you have any questions about any goods purchased from our website you can contact us by telephone, email or post as shown below:
Cuyler & Davy
P O Box 7141
Telephone: +44 (0) 1258 840305