1. Terms and Conditions
1.1 These terms and conditions of sale (conditions) apply to the sale to you of any goods listed on the Celtica website (www.celtica-wales.com)
1.2 Please ensure that you read these conditions carefully before ordering any goods from the website. You understand that by ordering any goods from this website you are agreeing to be bound by our terms and conditions.
2. Information about us
2.1 This website is operated by Celtic Centre Caernarfon Ltd, incorporated in England under company number 927608208.
3. Your Status
By placing an order through the website you warrant that
3.1 You are legally capable of entering into a binding contract
3.2 You are at least 18 years old.
4. Orders
4.1 Your order constitutes an offer to us to purchase the goods. After placing your order you will receive an email from us acknowledging that we have received your order (confirmation email). Please note that the receipt of the acknowledgement email does not mean that your order has been accepted. When we accept your order we will notify you by sending an email confirming that the goods have been despatched (despatch email). The contract between us will be formed when we send you the despatch email.
4.2 The contract will apply only to those goods we have despatched and confirmed in the despatch email. We will not be obliged to supply any other goods, which may have been part of your order, until the despatch of such goods has been confirmed in a separate despatch email.
5. Third Parties
We may also provide links on the website to the websites of other companies, whether affiliated to us or not. We cannot give any undertakings that any goods you purchase from third party sellers through our website, or from companies to whose websites we have provided a link on our own website, will be of satisfactory quality and any warranties, statements and representations are disclaimed by us absolutely to the fullest extent permissible by law.We cannot be held responsible for the content of such websites. This disclaimer does not affect your statutory rights against the third party seller. We will notify you if a third party is involved in a transaction and we may disclose your customer information related to the specified transaction to the third party seller.
6. Price
6.1 The price quoted on the website is inclusive of VAT at the standard rate and exclusive of delivery charges. Sales to countries outside the EEC may not include VAT.
6.2 The availability and specification of the goods are subject to change without notice, although we will always try to give notice of any changes.
6.3 All descriptions, drawings and specifications on the website are published for illustration purposes only and are not binding on us
6.4 The price of any goods will be as quoted on the website from time to time, except in cases of obvious price error. The price of goods on the website will normally be the same as that in the store and brochures but may from time to time vary. Prices are liable to change but changes will never be applied to an order for which a despatch email has been sent.
6.5 The website contains a large number of items and it is always possible that, despite careful checking, some of the goods on the website may be incorrectly priced. We will normally verify price as part of our despatch procedure and where an items correct price is lower than that stated on the website we will charge the lower amount when despatching the goods to you. If an items price is higher than that shown on the website we will normally contact you for instructions prior to despatch or reject your order notifying you of the reason.
6.6 We are under no obligation to provide the goods to you at an incorrect lower price, even after we have sent you a despatch email if the pricing error is obvious and unmistakeable and could reasonably have been recognised as a pricing error.
7. Payment
Payment may be made by any credit, debit or payment card acceptable to us, and such payment will be encrypted to ensure secure electronic transmission of data. Your debit or credit card will be debited on receipt of your order. In the event of items ordered being unavailable we will contact you directly.
8. Delivery
8.1 Your order will be fulfilled by the delivery date set out in the despatch email or if no delivery date is specified within thirty days.
8.2 Details of the delivery rates can be viewed separately on the website under our delivery and returns policy.
9. Risk and Title
9.1 Ownership of the goods shall not pass to you until we have received in full all monies owed by you to us under this contract and any other contract with us.
9.2 All risk of loss or damage to the goods shall pass to you upon delivery.
10 Cancellation
10.1 You may cancel a contract at any time within seven working days beginning on the day after you have received the goods. You will receive a full refund of the price paid for the goods in accordance with our refunds policy set out in clause 11 below.
10.2 To cancel a contract you must inform us in writing in accordance with clause 16 (notices).You must also return the goods to us immediately, in the same condition in which you received them and at your own cost and risk. Goods must be returned to Celtica, Doc Fictoria, Balaclava Road, Caernarfon, Gwynedd, LL55 1TH. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.
11. Refund Policy
11.1 If you have cancelled the contract in accordance with clause 10 above, we will process the refund due to you as soon as possible and, in any case; within 30 days of the day you have given notice of your cancellation. In this case we will refund the price of the goods in full including the cost of sending the goods to you. You will remain responsible for the cost of returning the goods to us.
11.2 If you wish to return the goods for any other reason (for example because you have notified us that you do not agree to any change in these terms and conditions in any of our policies, because you claim that the goods are defective or simply because you are dissatisfied with the goods for any reason) you may do this within 28 days of delivery by posting the goods back to us or bringing them to the store at the address in 10.2 above.
11.3 We will examine the returned goods and provided you have complied with clause 11.5 we will notify you of your refund within a reasonable time period.
11.4 Defective goods which have been returned by you will be refunded in full, including a refund of the delivery charges for sending them to you and the cost incurred by you in returning the article to us. In all other cases we will refund the price of the goods but (except where the goods have been returned under the cooling off period in clause 10) not the delivery charges for sending the item to you or the cost incurred by you of returning the goods to us.
11.5 In every case the goods must be returned with proof of purchase in the same condition in which you received them in the original packaging and at your own cost and risk (unless the relevant goods are defective in which case refer to clause 11.4 above).
11.6 We will normally refund any money received from you using the same method originally used by you to pay for your purchase.
11.7 The provisions of clauses 10 and 11 are in addition to your statutory rights which remain unaffected.
12 Liability
12.1 We warrant to you that any goods purchased from us through the website are of satisfactory quality and are reasonably fit for all the purposes for which goods of this kind are normally supplied.
12.2 Our liability for any losses you suffer as a result of us breaking this agreement 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 both parties to the contract at the time you order is accepted by us.
12.3 This does not include or limit in any way our liability for :
Death or personal injury caused by our negligence; Liability under section 2 (3) of the consumer protection act 1987; for fraud or fraudulent misrepresentation; for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
12.4 We are not responsible for indirect losses which happen as a side effect of the main
Loss or damage and which are not foreseeable you and us, including but not
Limited to
Loss of income or revenue; loss of business; loss of profit or contracts; loss of anticipated savings; loss of data; or waste of office or management time however arising and whether caused by tort (including negligence) breach of contract or otherwise.
12.4 Where you buy any goods from a third party seller through the website the seller’s individual liability will be set out in the seller’s terms and conditions.
13 Import Duties
13.1 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 goods reach the specified destination. You will be responsible for the payment of such 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 orders.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We are not liable for any breach by you of any such laws.
14 Fraudulent Misstatements
We may terminate the contract at any time and /or claim damages for breach of contract if we suspect that you have made a fraudulent misstatement to us whether orally or in writing prior to or after entering into the contract.
15 Written Communications
Applicable laws require that some of the information or communications that we send to you are in writing. When using the website you accept that communication with us will mainly be electronic. We will contact you by email or provide you with information by posting notices on the website. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing. This does not affect your statutory rights.
16. Notices
All notices given by you to us must be given to Celtica at the address in paragraph 10.2 or to the email address info@celtica-wales.com. We may give notice to you at either the email or postal address you gave when placing your order or in any way specified in condition 15 above. Notice will be deemed received and properly served 24 hours after an email is sent or posted on the website or three days after the posting of any letter. In proving the service of any notice it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and in the case of email that such email was sent to the specified email address of the addressee
17. Transfer of rights and Obligations
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 You may not transfer, assign, charge or otherwise dispose of this contract or of any of your rights or obligations arising under it without our prior written consent.
18 Force Majeure
18.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event)
18.2 A Force Majeure event includes any act, event non-happening, omission or accident beyond our control and includes in particular (without limitation) the following
18.2.1 strikes, lockouts and other industrial action
18.2.2 Civil commotion, riots, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
18.2.4 Impossibility of the use of railway, shipping aircraft, motor transport, or other means of public or private transport
18.2.5 Impossibility of the use of public or private telecommunications networks
18.2.6 The acts, decrees, legislation, regulations, or restrictions of any government.
18.3 Our performance under any contract is deemed suspended for the period that the force majeure event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure event.
19. Waiver
19.1 If we fail at any time during the term of a contract to insist upon strict performance of any of your obligations under the contract or any of the conditions, or if we fail to exercise any of the rights or remedies to which we entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by us of any conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 16 above.
20. Severability
If any conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such condition or provision will, to that extent be severed from the remaining conditions and provisions which will continue to be valid to the fullest extent permitted by law
21. Entire Agreement
Save as expressly provided in the conditions
21.1 the conditions and any document 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
21.2 We acknowledge that, in entering into a contract neither of us has relied on a representation, undertaking or promise given by the other to be implied from anything said or written in negotiations prior to such contract except as expressly stated in the conditions; and
21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other whether orally or in writing prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the conditions.
22. Our right to vary these conditions
22.1 We have the right to amend and revise the conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities.
22.2 You will be subject to the policies and conditions in force at the time that you order the goods from us, unless any change to those policies or the conditions is required to be made by law or government authority(in which case it will apply to orders previously placed by you) or if we notify you of the change of those policies or the conditions before we send you the despatch email ( in which case we have the right to assume you have accepted the change to the conditions unless you notify us to the contrary within seven working days of receipt by you of the goods)
23 Miscellaneous
23.1 We take care to make sure that them information on the website is accurate and complete. However, we do not warrant that this is the case or that your use of the website will not result in any damage or virus. You should verify the accuracy of any information before relying on it. Subject to condition 12 above we do not accept any liability arising from any inaccuracy or omission in any and /or all of the information provided on the website for any and/or all damage or viruses caused by your use of this website.
23.2 We are not responsible for any and/or all of the content of any third party websites which are linked to the website.
23.3 The copyright and all other intellectual property right in and to the website and/or any and/or all of the material on the website are owned or licensed to Celtic Centre Caernarfon Ltd.
23.4 Any copying, downloading or unauthorised use of any and/or all of the material on the website is expressly forbidden
24 Governing Law and jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.