TERMS AND CONDITIONS
Meg Morton, 1 Barber Cottage, Manston, Sturminster Newton, Dorset, DT10 1HA
Phone: 01258 473207
VAT no. 998297041
Copyright & Content
The content of our website and our own designs and products are the copyright of Meg Morton. All rights are reserved.
Please do not use any images without our permission - some images although we have had permission to use, may not be under our copyright.
shall have the meaning set out in Clause 2 of these Conditions.
these terms and conditions.Customer:
the individual consumer who purchases or agrees to purchase the Goods from Meg Morton.
a Customer’s order placed electronically using the Website [or made by telephone].
Meg Morton's written confirmation by e-mail.
Delivery of the Goods by Meg Morton or its agents or sub-contractors to the Delivery Address.
The address specified by the Customer at the time of placing the Order to which the Goods are to be delivered.
The items agreed to be purchased by the Customer from Meg Morton under the Agreement.Payment:
Payment of the Price as set out in these Conditions.
The confirmation by Meg Morton of payment and delivery of the Goods sent by Meg Morton to the customer.
The price for the Goods supplied or to be provided by Meg Morton to the Customer pursuant to the Agreement and unless otherwise stated in the Agreement the price excludes the costs of carriage, packing, packaging, and VAT or other applicable taxes or duties.
Meg Morton's website at:
2. Application of Conditions and Formation of Agreement
2.1 These Conditions shall apply to the sale of the Goods by Meg Morton to the Customer. Unless otherwise agreed in writing by Meg Morton, these Conditions shall together with the Order and Customer Order Confirmation constitute the entire Agreement and shall override any other terms or conditions.
2.2 Meg Morton shall sell and the Customer shall purchase the Goods at the Price and otherwise in accordance with the Agreement.
2.3 Any typographical, clerical or other error or omission (whether in relation to price, specification of Goods or otherwise) in any sales literature, internet pages, quotation, price list and other documents or information issued by Meg Morton do not form part of the Agreement. Any such error is subject to correction or alteration without any prior notice or liability on the part of Meg Morton.
No statement, description, warranty condition or recommendation contained on the Website or in any catalogue, price list or advertisement, communication or made verbally by any of the agents or employees of Meg Morton shall be construed as an offer, a representation, or term of the Agreement, warranty or term of the Agreement and will not enlarge, vary or override in any way thereof any of these Conditions.
2.4 A legally binding Agreement (the “Agreement”) shall only come into existence upon Meg Morton's acceptance of the Order (which shall occur on Delivery) and the issuing of a Customer Order Confirmation.
2.5 In the event that the Customer wishes to collect the Goods from Meg Morton such arrangement must be agreed in writing between the parties (otherwise Meg Morton will arrange Delivery) and, in such case, the relevant terms of these Conditions shall apply to any such Agreement.
2.6 Each Order shall when confirmed and together with the Conditions, constitute a separate Agreement subject to these Conditions.
2.7 Meg Morton may from time to time vary these Conditions by issuing an amended or new version but no variation will affect any concluded Agreement with a Customer as at the date of issue.
3.1 Any Goods featured on the website and/or catalogue or other material are indicative samples only (which are not exact specifications) and Goods and may vary in colour.
All Goods are sold subject to availability. In the event that any Goods ordered are not available or are unlikely to be available the Customer shall be entitled at any time to cancel the Order or Agreement (if concluded) and to a refund for any payments received in respect of that order.
4.1 Payment shall be made in full by the Customer at the time the Order is made and
must be made by one of the following methods:
4.2 Payment of the full Price may be made by the Customer through the Website by using the automatic secure online credit card system.
4.3Payment may also be made through Paypal or secure card payment over the phone
4.4 When an Order is submitted by the Customer by one of the above methods, Meg Morton will acknowledge receipt of that Order by sending the Customer a Customer Order Confirmation either by e-mail to the e-mail address provided in the Order or to the home address provided over the telephone.
Such acknowledgement of receipt is not confirmation that the Order has been accepted.
4.5 Meg Morton will send a Receipt to the Customer once the Goods have been delivered [or will issue a Receipt on Delivery].
4.6 The time of Payment shall be of the essence of the Agreement.
4.7 Meg Morton shall be entitled to obtain any Customer signature or other Customer verification for payments or payment authorizations or for Customer receipts or acknowledgements as may be reasonably required under the Agreement including, without limitation, against any instalment or other payments.
5.1 The Price payable for the individual Goods ordered by the Customer shall be the Price detailed on the Website.
5.2 The Price will be exclusive of delivery charges and all additional charges for handling, shipping, transport, insurance, taxes, customs and duties shall be payable by the Customer in addition to the Price of the Goods. The Delivery charges to addresses within the United Kingdom shall be those charges as detailed on the Website. Any delivery or handling charges in respect of delivery addresses abroad are to be agreed between Meg Morton and the Customer.
5.3 Meg Morton reserves the right, by giving written notice to the Customer at any time prior to Delivery, to increase the Price to reflect any increase in cost to Meg Morton beyond their control.
5.4 Where the Company has provided written notification of a Price increase, the Customer shall have the right to cancel the Agreement and receive (within 30 days of written notice of cancellation) a refund of the Price without interest; provided that notice of cancellation is received by Meg Morton, in writing, within seven days of the Customer receiving notice of the increase in Price.
6.1 Where the Goods are not made to the Customer’s own specification, the Customer may cancel the Agreement with Meg Morton at any time up to the end of the 14th working day commencing from the date the Customer received the Goods. The Customer does not need to provide any reason for the cancellation nor will the Customer have to pay any penalty.
6.2 To cancel the Order or Agreement the Customer must notify Meg Morton in writing either by post to Meg Morton,1 Barber Cottage, Manston, Sturminster Newton Dorset DT10 1HA or by e-mail to email@example.com
6.3 If the Customer has received the Goods prior to the Agreement being cancelled then the Customer must send the Goods back to Meg Morton 's postal address at the Customer’s own cost and risk (except in the circumstances described in clause 6.4 below). If the Customer cancels the Agreement but Meg Morton have already processed the Goods for delivery the Customer must not unpack the Goods and the Customer must send the Goods back to the above postal address as soon as possible.
6.4 Once the Customer has notified Meg Morton of the cancellation and provided it is given within the time frame specified within clause 6.1, any sum debited from the Customer’s credit card will be re-credited to the Customer’s account as soon as Final Web termsandconditions2011.doc possible and in any event within 30 days of the Customer cancellation PROVIDED THAT the Goods in question are returned by the Customer and received by Meg Morton in the condition they were in when delivered to the Customer. If the Customer does not return the Goods delivered or does not pay the costs of delivery, Meg Morton shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to the Customer.
7. Cancellation or substitution of Goods by us
7.1 All items in the Meg Morton catalogues and website are advertised for sale subject to availability.
7.2 Meg Morton reserve the right to cancel [or not conclude] the Agreement if one or more of the Goods the Customer has ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.
7.3 If Meg Morton do cancel the Agreement they will notify the Customer by email or telephone and will re-credit to the Customer’s account, as soon as possible but in any event within 30 days of the Customer Order, any sums deducted. Meg Morton will not be obliged to offer any additional compensation for disappointment suffered.
8. Delivery of Goods to the Customer
8.1 Meg Morton will deliver the Goods ordered to the Delivery Address. The delivery date may vary depending on the Goods ordered and any delivery date provided is an estimate only. Meg Morton will use their best endeavors to meet any delivery date specified but cannot guarantee to do so or be legally bound to do so.
8.2 Delivery will be made as soon as possible after the Order is accepted and in any event where Delivery is to be made to an address in the United Kingdom it will be made within 30 days of the Customer Order. Larger Goods, Goods that are made to the Customer’s own specification or Goods to be delivered abroad may take between 6 – 8 weeks to be delivered.
8.3 Meg Morton will, for United Kingdom Deliveries, arrange for all Goods to be delivered by either Parcel Force or Courier and a signature may be required upon Delivery. The cost of delivering the Goods to the Customer can be located on the Website.
IMPORTANT: TIME LIMITS FOR NOTIFICIATION OF CLAIMS
9. Meg Mortons’ liability and time limits for notifying claims
9.1 Where a date has been specified for the delivery of the Goods and the Customer does not receive the Goods ordered by that date specified, Meg Morton shall have no liability to the Customer unless the Customer notifies Meg Morton of the problem in writing at the Contact Address or by e mail within 14 working days of the date specified for Delivery.
9.2 If the Delivery is of an incorrect quantity or if the Goods delivered are damaged Meg Morton shall have no liability to the Customer unless the Customer provides notification of the problem in writing at the Contact Address or by e mail within 14 working days of the date of delivery of the Goods.
9.3 If the Goods are faulty Meg Morton shall have no liability to the Customer unless the Customer notifies Meg Morton as soon as practicable after the fault is discovered.
9.4 Where the Customer notifies Meg Morton of a problem, under this clause, Meg Morton's only obligation will be at the Customer’s option:
9.4.1 to make good any shortage or non-delivery provided that Meg Morton have sufficient stock to enable us to do so or
9.4.2 to replace or repair any Goods that are damaged or faulty or
9.4.3 to refund to the Customer the amount paid for the Goods in question.
9.5 Save as precluded by law, Meg Morton will not be liable to the Customer for any indirect or consequential loss, damage or expenses howsoever arising out of any problem notified to Meg Morton by the Customer under these Conditions. Meg Morton shall have no liability to pay any money to the Customer by way of compensation other than to refund to the Customer the amount paid for the Goods.
9.6 The Customer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from the Meg Morton site. Meg Morton make no representation and accept no liability in respect of the export or import of the Goods purchased by the Customer.
9.7 Not withstanding the foregoing, nothing in these Conditions is intended to limit any rights the Customer might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit that liability to the Customer for any death or personal injury resulting from negligence.
10.1 Unless otherwise expressly stated in these Conditions, all notices from the Customer to Meg Morton must be in writing and sent to the Contact Address or by email.
10.2 All notices from Meg Morton to the Customer will be sent to the Customer’s contact address or e-mail address; any changes to these Conditions will be displayed on the Website from time to time.
11. Title and Risk in Products
11.1 Notwithstanding any other provision herein title in the Goods shall not pass to the Customer until Meg Morton have delivered the Goods to the Customer and received the full Price and any additional payments due.
11.2 Risk of, damage to or loss of the Goods shall pass to the Customer upon Delivery. Provided that where the Customer has arranged shipment/transport or the Goods are to be shipped out of the United Kingdom risk shall pass when the Goods leave the premises of Meg Morton.
12. Events beyond Meg Mortons’ Control
12.1 Meg Morton shall have no liability to the Customer for any failure to deliver Goods or any delay in doing so or for any damage or defect to Goods delivered that are caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to the Customer) the enforceability of any other part of these conditions will not be affected.
14. Third party rights
A person who is not a party to this Agreement made on these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. Governing law
The Agreement shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes.
16. Entire Agreement
These Conditions, together with Meg Morton s’ current prices, delivery details and contact details set out the whole of the Agreement relating to the supply of the Goods.
Nothing said by any sales person on our behalf of Meg Morton should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale. Save for fraud or fraudulent misrepresentation, Meg Morton shall have no liability for any such representation being untrue or misleading.