Terms and Conditions

To protect your own interests please read the conditions carefully before you click the tick box.  If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email our customer queries department at the address at the bottom of this document and telephone number BEFORE you place the order.  YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from us, you enter into a legally binding agreement with us on the following Conditions.  You should read and understand these Conditions because they affect your rights and liabilities. These are the Standard Terms and Conditions of Sale of ("the Seller", "We" or "Us") for certain products as set out in the pages on this site ("the Goods"). Subject to the provisions of Clause 4.2 below, the price of the Goods the delivery charges and Value Added Tax where applicable is set out on the Order Form. In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below.   

THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.

Interpretation

In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
'Delivery Area' means within the U.K.
'Goods' which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
'Web Site' our presence on the World Wide Web, currently accessible via the address www.bennythedog.co.uk
Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.

Unless the context otherwise requires:-
Words importing the singular shall include the plural and vice versa;
Words importing the masculine gender shall include the feminine gender and vice versa;
References to persons shall include bodies of persons whether corporate or incorporate.
Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.

Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions. 
 
1. Basis of the sale
We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

2. Orders
The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements

3. Price of the goods
The price of the Goods shall be the price set out on the relevant page of this site.   We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable.  If it is not acceptable then you will, of course, have the option of cancelling the order.
The price of the Goods does not include insured postage or packaging.  There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging.  This charge will be clearly shown on the Order form.

4. Terms of payment
Upon providing us with details of the Payment Card and submitting the Order you :
Confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
Authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.
We will not pass your personal information on to any third party without your permission.  Unless solely due to our negligence we cannot be held liable for any losses you may suffer.  If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.

 5. Delivery
Delivery Charges. see full details of our Delivery Charges here.
Delivery of the Goods shall be made by our carrier to the address for delivery shown in the Order Form.  It is important that this address is accurate.  Please be precise about where you would like the Goods left if you are out when they deliver.  Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them.  Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
We aim to despatch goods the same day or next day for delivery within 2-5 working days from the shipping date subject to stock availability. “Working Days” are defined as Mon-Fri, excluding Public Holidays. Deliveries to the Scottish Islands, Isle of Man, Channel Islands, and Isle of Scilly may take longer to deliver. International and European order will take longer. We cannot be held responsible for delays beyond our control.  If we are unable to make the delivery date we will contact you.  If delivery cannot be made within 10 working days of the order date you will be entitled to either arrange a revised date or cancel the order and receive a full refund.
If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date.  In this instance delivery will be said to be made in instalments.  Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery.  If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.

6. Risk and property
As soon as we have delivered the Goods or services, you will be responsible for them.  If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods.  Goods supplied to you are not for resale.

7. Warranties and liability
Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee.  These are rights given to you by the manufacturer in addition to your statutory rights.  Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights.  For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.

8. IMPORTANT NOTICE: Time Limit for Notification of Claims of Faulty/Damaged Goods
You are asked to examine the goods as soon as reasonably possible after delivery.  Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:
Reject the Goods and receive a full refund;
Or have the Goods (or the part in question) replaced free of charge.
Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either:
Replace the Goods (or the part in question) free of charge or
At our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
such loss or damage is not a reasonably foreseeable result of any such breach;
Any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
We assume no responsibility for the contents of any other web sites to which this Web Site has links.

9. EXCHANGE ITEMS
For orders placed in the UK we provide free returns postage for exchange items. If there is any extra product cost all items will need to be paid before dispatch.  Any extra product costs and our standard delivery charge to your location will need to be paid prior to dispatch. See Delivery Charges.
None of the exclusions set out in Right to Cancel section 4 apply.
The returned product is unused, in its original packaging, with any labels still attached, and otherwise in a condition enabling us to sell the product as new.
Complete a returns authorisation or email us.

10. Right to Cancel
You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price.
During the cooling off period any cancellation must be given by written notice by either party.
Goods must be returned complete and undamaged with all accessories and instructions.  The original packing must be returned in reasonable condition.
In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us. Returning goods out with your statutory 14 days please refer to our Returns Policy here.
Click to start a Returns Authorisation

 11. Communications
Any communication sent electronically by e-mail or otherwise:
Will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
Will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System  which is capable of access by the intended recipient;
Will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
Will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.

 12. General
Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
We will try and solve any disagreements quickly and efficiently.  If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
The headings in these Conditions are for convenience only and will not affect their interpretation.

WEBSITE TERMS
These terms and conditions govern your use of our website. Our terms have been provided and approved by legal documents provider LegalCentre.co.uk. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.

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1. SITE ACCESS
1.1 You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible after you have registered.
2. USE OF WEBSITE
2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
3. SITE UPTIME
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4. VISITOR CONDUCT
4.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
4.2 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6. DISCLAIMER
6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
7. EXCLUSION OF LIABILITY
7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
8. GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
9. OUR DETAILS
Our business’s name is: Tim Cook Kitchens | Handmade Fitted Kitchens | Watlingon, Oxfordshire, England, UK
Our contact details are: tim@timcook.co.uk