TERMS AND CONDITIONS

 

 

 

This website is operated by Castle Forbes Collection. Throughout the site, the terms “we”, “us” and “our” refer to Castle Forbes Collection. Castle Forbes Collection offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Our contract with you

1. How we will accept your order. When we receive an order from you we will send you an acknowledgement of the order to confirm that we are processing it. This processing will include a range of appropriate and prudent fraud checks and a review of our available stock. Our acceptance of your order will take place when we send you a further email informing you that we have accepted it, at which point a contract will come into existence between you and us.

2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing by email. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because the payment details submitted did not pass our fraud checking criteria for whatever reason, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If payment has already been made by you, we will arrange to refund you any sums paid for your order or any part of your order that has not been accepted in a timely manner.

3. Your order number. We will assign an order number to your order and tell you what it is when we acknowledge your order. It will help us if you can tell us the order number whenever you contact us about your order.

2. Our products

1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.

2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

3. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

4. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3. Delivery

1. Our delivery times and costs are as follows: -

a) Standard delivery within the UK is FREE. Please allow up-to 3 working days from placing your order.

b) Next Working Day: £5.95 - Monday to Friday for orders placed before Midday (subject to availability).

c) International Delivery:  From £9.99.  Delivery time may very depending upon location.

2. All orders are dispatched via a recorded service and will require a signature.

3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

4. If you are not at home when the product is delivered. If no one is available at your nominated address to take delivery, we will contact you to rearrange delivery or collect the products from a local depot. If you are unable to take delivery of your products three times, the products will be sent back to us and our customer services team will contact you. If we are unable to contact you within a reasonable time frame, we may end the contract in accordance with clause 8.1.

5. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.1 will apply.

6. Your legal rights if we deliver goods late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

a) we have refused to deliver the goods;

b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

c) you told us before we accepted your order that delivery within the delivery deadline was essential.

7. When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

8. When you own goods. You own a product which is goods once we have received payment in full.

4. Your rights to end the contract

1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract although you must notify us of your intention to return any products within 14 days of delivery.  Any returns made after this period may not be refunded:

a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9;

b) If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any goods;

c) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.5.

2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 6.2.1 to 6.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

b) there is a risk that supply of the products may be significantly delayed because of events outside our control;

c) you have a legal right to end the contract because of something we have done wrong.

3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them or have been damaged by you.

5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided.

5. How to end the contract with us (including if you have changed your mind)

1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

a) Phone or email. Call us on 01344 890030 or email us at info@castleforbes.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

b) Online. Complete the ‘Contact Us’ form on our website, https://www.castleforbes.com/

2. Returning products after ending the contract. If you end the contract for any reason, after products have been dispatched to you or you have received them, you must return them to us. Before returning the good(s) please call Customer Services on 01344 890030 or email info@castleforbes.com to discuss our full range of return services.  You must post them back to us at Castle Forbes Collection Limited, Gainsborough House, 59-60 Thames Street, Windsor, Berkshire.  SL4 1TX. Please ensure that the returned parcel is properly sealed and that you have included a completed "returned goods declaration" which is included with each shipment. We can only accept returned parcels that are sent via a recorded service, (one that requires a signature upon receipt). You should retain the recorded delivery receipt in order to provide proof to us that you have returned the goods.

3. When we will pay the costs of return. We will pay the costs of return:

a) if the products are faulty or misdescribed;

b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

c) In all other circumstances (including where you are exercising your right to change your mind) you may be liable for the costs of return.

4. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

5. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

a) Your refund will be made within 14 days from the day on which we receive the product back from you. Refunds made to bank accounts outside of the UK make take slightly longer.  For information about how to return a product to us, see clause 7.2.

b) We are only able to offer refunds if the products are returned to us for a reason as described in 6.2.1 to 6.2.4 above.  The contract will end immediately and we will refund you in full for any products

6. Our rights to end the contract

1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

2. You must compensate us if you break the contract. If we end the contract in accordance with clause 8.1 we will refund any money you have paid in advance for products.

7. If there is a problem with the product

1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 01344 890030 or write to us at info@castleforbes.com or at Castle Forbes Collection, Gainsborough House, 59-60 Thames Street, Windsor, Berkshire. SL4 1TX.

2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to a full refund if your goods are faulty and you send them back to us within thirty days.

In addition, you have up to 14 days: the right to change your mind, provided you follow the process set out in clause 7.

We will also provide you with the benefit of any manufacturer warranties provided in connection with the Products.

3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us at Castle Forbes Collection Limited, Gainsborough House, 59-60 Thames Street, Windsor, Berkshire. SL4 1TX.  Please ensure that the returned parcel is properly sealed and that you have included a completed "returned goods declaration" which is included with each shipment. We can only accept returned parcels that are sent via a recorded service, (one that requires a signature upon receipt). You should retain the recorded delivery receipt in order to provide proof to us that you have returned the goods. Before returning the good(s) please call us on 01344 890030 or email info@castleforbes.com to discuss our full range of return services.

8. Price and payment

1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.

2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

4. Prices for our products are subject to change without notice.

5. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

6. When you must pay and how you must pay. We accept payment with VISA, MasterCard, Maestro, VISA Electron & Delta. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

9. Our responsibility for loss or damage suffered by you

1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; and for defective products under the Consumer Protection Act 1987.

3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. How we may use your personal information

1. How we will use your personal information. We will use the personal information you provide to us:

a) to supply the products to you;

b) to process your payment for the products; and

c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

2. We will only give your personal information to third parties where the law either requires or allows us to do so.

3. Please see the ‘Privacy Policy’ section on our website, www.castleforbes.com, for full details regarding management of your data.

11. Other important terms

1. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

4. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

5. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the European Commission via their website at webgate.ec.europa.eu. The European Commission will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

12. Products or Services

1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

2. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

13. Accuracy of Billing and Account Information

1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

14. Third Party Links

1. Certain content, products and services available via our Service may include materials from third-parties.

2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

15. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. Indemnification

You agree to indemnify, defend and hold harmless Castle Forbes Collection and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17. Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Termination

1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

2. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

19. Changes to Terms of Service

1. You can review the most current version of our Terms and Conditions at any time on or website www.castleforbes.com

2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for any such changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

20. Contact Information

Questions about our Terms and Conditions should be sent to us at info@castleforbes.com or to Castle Forbes Collection, Gainsborough House, 59-60 Thames Street, Windsor, Berkshire. SL4 1TX.