Terms & Conditions

Thistle & Twine

CONDITIONS OF SALE THE ORDER FORM, ANY ORDER ACKNOWLEDGEMENT I ISSUE AND THESE CONDITIONS TOGETHER FORM MY CONTRACT WITH YOU AND ARE BINDING ON YOU. PLEASE READ THEM CAREFULLY, CHECK YOU UNDERSTAND THEM AND THAT THEY ONLY CONTAIN TERMS YOU ARE PREPARED TO AGREE TO.
NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT ANY OF YOUR STATUTORY RIGHTS WHICH MAY NOT BE EXCLUDED OR LIMITED DUE TO YOU ACTING AS A CONSUMER. 

Definitions

1.1 In these conditions the following words have the following meanings unless the context requires otherwise:
“Contract” means any contract between You and me incorporating these conditions, the Order Form and any order acknowledgement issued by me for the sale of Products and/or the provision of the Services;
“Consumer” means any person who purchases Products and/or Services from me not in the course of business; 
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; 
“Order Form” means any order form for Products and/or Services submitted by you on the Website or by post or which I complete with You over the telephone; 
“Products” means any products and/or goods to be supplied by me to You under the Contract;
“Services” means the services and/or work to be performed by me for You under the Contract;
“Website” means the website situated at the URL www.thistleandtwine.net 
“Me, mine” means Thistle and Twine, 1 Newhouse, Caldwell, RICHMOND, North Yorkshire, DL11 7PU and “You, Your, Yours” means the person whose Order Form is accepted by me.

Basis Of Contract
2.1  These conditions shall govern the agreement between me and You.
2.2 Nothing in the Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a Consumer.
2.3 These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You by me.
2.4  My agent is not authorised to make any representations or warranties concerning the Products and/or Services unless confirmed by me in writing.

Orders And Contract
3.1 You are responsible for the accuracy of Your order including, but not limited to, the accuracy of all information You provide in the Order Form.
3.2  You are responsible for providing me with all and any information necessary for me to perform the Contract.
3.3 The Contract between me and You shall come into effect when I accept Your Order Form by issuing an order acknowledgement to You or when I start to deliver the Products and/or the Services if earlier.   
3.4 I may refuse to accept any order at any time before the Contract comes into effect.  My reasons for such refusal may include, but are not limited to, if Products are not available or, if I cannot obtain Your bank’s authorisation for Your payment.

4. Delivery and/or Performance
4.1 Dates and times for delivery and/or performance are estimates only and are not guaranteed. They are also subject to any matter beyond my reasonable control.
4.2 I will use reasonable endeavours to ensure delivery and/or performance on the dates I notify to You.
4.3 I am not required to fulfil orders for Products and/or Services in the sequence in which they are placed.
4.4 Unless I confirm otherwise, the Products will be delivered by me or my courier. Further delivery information is available on the Website and in the current version of my mail order catalogue
4.5 If You refuse or fail to take delivery of the Products (unless this is due to my fault) then:
4.5.1 You must pay any costs reasonably incurred by me as a result of your refusal or failure;
4.5.2  I shall be entitled to withhold delivery of any other Products and/or performance of any other Services; and
4.5.3  I may treat the Contract as cancelled by You.

Price And Payment
5.1 The price of the Products and/or the Services shall be: - 
5.1.1 if you place your order on the Website, the price quoted by me on the Website at the time You submit Your Order Form on the Website;
5.1.2 if you place your order over the telephone, the price quoted by me over the telephone when I complete Your Order Form with You over the telephone; 
5.1.3 f you place your order by post, the price quoted by me is in my mail order catalogue current at the time I receive Your Order Form.
5.2  Except as otherwise stated, my prices include delivery.  In certain circumstances I may charge for delivery and if I do I will confirm any applicable delivery costs at the time I receive Your Order Form.
5.3 My prices are inclusive of any applicable VAT.
5.4  While I try and ensure that all prices quoted on the Website and in my mail order catalogue or quoted over the telephone are accurate, errors may occur.  If I discover an error in the price of the Products You have ordered I will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it.  If I am unable to contact You I will treat the order as cancelled.  If You cancel an order due to an error in price and I have already received payment for the Products and/or Services, You will receive a full refund.
5.5  Unless I agree otherwise, payment is due at the time You submit Your Order Form.  If I do not accept Your order, I will refund You any payment made by You in respect of such cancelled order.
5.6 You must pay all sums due to me in full by either debit or credit card or paypal or Worldpay.  By ordering Products and/or Services You are giving me Your consent to pass details on to my appointed secure payment provider for the purposes of processing Your payment.

Cancellation
6.1 You may cancel Your order for Products at any time within the 7 working days following the day on which You receive such Products. 
6.2 You may cancel Your order for Services at any time within the 7 working days following the day on which You placed Your order unless the Services start with your agreement before the expiry of this period in which case Your right to cancel your order for Services under this clause will end when the Services start. 
6.3 If You want to cancel any Contract in accordance with this clause, You must notify me in writing within the relevant timescale set out in this clause. If any Products have already been sent by me to You, You must promptly arrange for and pay for the return of such Products to me. If You fail to return the Products to me or if You return the Products at my cost I shall charge You for my direct costs in recovering the Products from You.
6.4  Risk in the Products shall remain with You until I receive the Products from You. This means You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products before I receive them from You and so I suggest that You return Products to me by courier or registered delivery.
6.5  If you cancel any Contract in accordance with this clause, You will receive a full refund of the price You paid for the relevant Products and/or Services and any applicable delivery charges You paid for. I will process the refund due to You as soon as possible and, in any case, within 30 calendar days of the day on which You gave me notice of cancellation in accordance with this clause. 
6.6 I shall not be obliged to agree to any cancellation requests submitted other than in accordance with these conditions. If I do agree to any cancellation request submitted other than in accordance with these conditions You agree to pay to me my reasonable costs and expenses incurred as a direct result of Your cancellation.

Specification
7.1  The quantity, quality, description and/or specification for the Products and/or the Services shall be that set out on the Website or in my mail order catalogue current at the time of order placement and (in any case) in any order acknowledgement issued by me. 
7.2  You are responsible for checking the order acknowledgement is accurate and adequate for the Products and/or Services to be supplied.
7.3  Details and/or specifications in brochures and price lists produced by me are intended as a guide only and only give a general approximation of the Products and/or Services.
7.4  I reserve the right to make changes to the specification of the Products and/or Services as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality and/or performance of the Products and/or the Services.
7.5 If I do make changes to the specification of the Products and/or Services which have a material adverse effect then You shall have the right to cancel the Contract without Liability.

Guarantee
8.1 I may provide a specific warranty with the Products. If a specific warranty applies to the Products this will be stated on my Website or in my mail order catalogue. I shall have no Liability to You under such warranty in respect of any excluded defects referred to on myWebsite or in my mail order catalogue. 
8.2 I warrant that the Services will be carried out with reasonable care and skill. 
8.3 If You believe the Products and/or Services to be defective You should contact me as soon as possible and provide me with a photograph and description of the defect by post or e-mail to the relevant address set out in clause 12 below. 
8.4 If it appears to me that the Products and/or Services may be defective I may then ask you to return the Products to me and/or arrange to collect them from You. 
8.5 You agree to follow my reasonable instructions in respect of the return and/or collection of the Products. 
8.6  If You fail to make the Products available for collection in accordance with my instructions and the collection is aborted as a result I may require You to pay me my reasonable costs and expenses which I incur in respect of the failed collection before I will make a further attempt to collect the Products. 
8.7 If any Products and/or Services prove to be defective under any of my warranties then I shall, at my sole option, either repair or replace or re-perform or refund the price of such Products and/or Services. I will also refund Your reasonable postage costs if You have returned defective Products to me at Your own expense in accordance with my instructions. 
8.8 If the Products are not defective I shall be entitled to charge You for any costs and/or expenses incurred by me in collecting the Products and any work carried out by me in relation to those Products.

Risk
9.1 Risk in the Products shall pass to You at the time of delivery.  This means that from the time of delivery You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products.
9.2  Delivery shall be deemed to occur at the time when the Products arrive at the place of delivery set out in the Order Form.

10. Default
10.1  If You:
10.1.1 breach the terms of this Contract and, if the breach is capable of remedy, do not remedy the breach within 14 days of receiving notice from me requiring the breach to be remedied;
10.1.2  persistently breach any one or more terms of this Contract;
10.1.3 provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
10.1.4 propose to compound with Your creditors or have a bankruptcy petition presented against You;
10.1.5 appear to me due to the Your credit rating to be financially inadequate to meet Your obligations under the Contract; and/or
10.1.6 appear reasonably to me to be about to suffer any of the above events
then I shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2.
10.2 If any of the events set out in clause 10 occurs in relation to You then:
10.2.1 I may withhold delivery of any undelivered Products and stop any Products in transit;
10.2.2 I may withhold the performance of any Services and cease any Services in progress; and/or
10.2.3 all monies owed by You to me under the Contract and any other contract between You and me shall immediately become due and payable.

LIABILITY
11.1 I SHALL HAVE NO LIABILITY FOR INADEQUATE PACKING OR UNSECURE TRANSMISSION OF ANY PRODUCT FROM YOU TO ME.
11.2 NEITHER YOU NOR I SHALL HAVE ANY LIABILITY TO EACH OTHER FOR ANY MATTERS WHICH NEITHER YOU NOR I COULD FORESEE AT THE DATE OF THE CONTRACT.
11.3 I SHALL HAVE NO LIABILITY FOR ANY MATTERS WHICH WERE NOT CAUSED BY MY BREACH OF THE CONTRACT.  YOU SHALL HAVE NO LIABILITY TO ME FOR ANY MATTERS WHICH WERE NOT CAUSED BY YOUR BREACH OF THE CONTRACT.
11.4 IF YOU ARE A CONSUMER I SHALL HAVE NO LIABILITY TO YOU FOR ANY LIABILITIES YOU SUFFER WHICH RELATE SOLELY TO ANY BUSINESS UNDERTAKEN BY YOU.
11.5  NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT MY LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR ANY LIABILITY WHICH IS DUE TO MY FRAUD OR ANY OTHER LIABILITY WHICH I AM NOT PERMITTED TO EXCLUDE OR LIMIT AS A MATTER OF LAW.
11.6   NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT ANY OF YOUR STATUTORY RIGHTS WHICH MAY NOT BE EXCLUDED OR LIMITED DUE TO YOU ACTING AS A CONSUMER.  ANY PROVISION WHICH WOULD BE VOID UNDER ANY CONSUMER PROTECTION LEGISLATION OR OTHER LEGISLATION SHALL TO THAT EXTENT, HAVE NO FORCE OR EFFECT.
11.7  THE LIMITATIONS IN THIS CONTRACT ARE NECESSARY IN ORDER TO ALLOW ME TO PROVIDE THE PRODUCTS AND/OR THE SERVICES AT THEIR CURRENT PRICES.
11.8 IF YOU REQUIRE GREATER PROTECTION THEN I WILL AGREE TO MODIFY THE LIMITATIONS AND EXTEND MY GUARANTEES IN RETURN FOR THE PAYMENT OF A HIGHER PRICE FOR THE PRODUCTS AND/OR SERVICES.

12.1.1You may contact me by post at Thistle & Twine, 1 Newhouse, Caldwell, RICHMOND, North Yorkshire, DL117PU. 

12.1.2 by telephone on 07505 291264
12.1.3   by e-mail at thislteandtwine@outlook.com or
12.1.4   via the website situated at the URL www.thistleandtwine.net
with any queries in relation to the Contract, the Products and/or  the Services.
12.2  I will process Your personal data in accordance with Our Privacy Policy.
12.3  No waiver by me of any breach of the Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
12.4 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
12.5 Neither party shall have any Liability to the other for any delay in performance of this Contract (other than in relation to payment) to the extent that such delay is due to any events outside the affected party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.  If a party is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
12.6 You shall not assign Your interest in the Contract (or any part) without my written consent.
12.7  All third party rights are excluded and no third party shall have any right to enforce the Contract.  This shall not apply to members of my group from time to time who shall, subject to my consent, have the right to enforce the Contract as if they were me.  Any rights of a third party to enforce the Contract may be varied and/or extinguished by agreement between the parties to the Contract without the consent of any such third party.  
12.9 Each Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

Privacy Policy

This Policy (together with the Website Terms and Conditions of Use) apply to www.thistleandtwine.net and any personal data which you may provide to me over the telephone, by e-mail and/or by post.

I am a registered Sole Trader. This Policy sets out the basis on which any personal data which I may collect from you, or which you provide to me, will be processed by me. Please read the following carefully to understand my views and practices regarding your personal data and how I will treat it.

For the purpose of the Data Protection Act 1998 Thistle and Twine, as sole trader is the data controller of any personal data which I may collect from you, or which you provide to me, on this website, over the telephone, by e-mail, or by post.

Data Protection Policy

I may collect and process data about you including, but not limited to, information you provide:

• when you contact me on this website, over the telephone, by e-mail or by post;
• at the time of registering to purchase products and/or services from me;
• at the time of registering to receive other information from me; 
• at the time of registering to use any interactive elements on this website; 
• by way of cookies (please see our Cookie Policy for further information); and/or
• at the time of registering to enter into any competitions which I may run from time to time on this website or alternative platform.

I will comply with the requirements of all relevant data protection legislation in force from time to time. In particular you may request a copy of any personal data held by me about you upon written application. Please note I reserve the right to charge the current maximum statutory fee for providing such information. If you believe that any personal information I hold about you is incorrect or incomplete please contact me immediately. Any information found to be incorrect will be corrected promptly. As Sole trader I am the ‘nominated representative’ for the purpose of the Data Protection Act 1998 as Sarah Bosher.

I intend to manage any information learned about you in an ethical manner. I may use your personal data to:
• ensure that content from this website is presented in the most effective manner for you and for your computer;
• carry out  obligations arising from any contracts entered into between you and I;
• allow you to participate in interactive features of my service, when you choose to do so;
• provide you with information, products or services that you request from me;
• allow you to enter into competitions from time to time on this website, when you choose to do so; and/or
• notify you about changes to my service.

I may also use your personal data to contact you about new features, services, products and/or promotions which may be of interest to you.
If you have not yet purchased goods from me, I will contact you by e-mail only if you have consented to this.
If you agree I 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.

If you do not want me to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant boxes situated on the relevant registration forms on the website or, if you are a mail order customer, on our mail order forms or, if you communicate with me over the telephone, confirm this to me when prompted.

If you initially wish for me to use your personal data in this way, but you change your mind later, you may tell me by sending  an email to thistleandtwine@outlook.com, or by contacting me by post at 1 Newhouse, Caldwell, North Yorkshire, DL11 7PU

Disclosure of your information

I may disclose your information to third parties if I am under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply my agreements with you; or to protect my rights, property, or  safety and/or the safety of my customers, or others.

I may also disclose your information to suppliers of products and/or services you have ordered from us and to our contractors and/or our couriers in order to fulfil orders placed by you.

Storing of information

I will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. All information you provide to me is stored on  secure servers. Any payment transactions will be encrypted. Unfortunately, the transmission of information via the Internet is not completely secure. Although I will do my best to protect your personal information, I cannot guarantee the security of your data transmitted to this website; any transmission is at your own risk. Once I have received your information, I will use strict procedures and security features to try to prevent unauthorised access. Any changes I may make to this Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Any questions, comments and requests regarding this Policy are welcomed and should be addressed to me at Sarah Bosher, 1 Newhouse, Caldwell, North Yorkshire, Dl11 7PU, 07505291264 or via email to thistleandtwine@outlook.com.

This Policy is effective as of 25th May 2018.

© 2017 Thistle & Twine | North Yorkshire UK | thistleandtwine@outlook.com | 07505291264

Terms & Conditions and privacy policy
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