Terms & Conditions
TERMS OF SALE
These Terms of Sale, set out the terms under which Goods are sold by Me to consumers through this website www.melver.co.uk Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from My Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through My Site. These Terms of Sale, as well as any and all Contracts, are in the English language only.
INFORMATION ABOUT ME
My Site, www.melver.co.uk is owned and operated by Melver, sole owner Nicholas Mellor, sole business whose registered address is Robinson House Studio, Eastside Business Park, Unit E1 & 2, Beach Road, Newhaven, BN90FB. I am not VAT registered.
ACCESS TO AND USE OF MY SITE
It is your responsibility to make any and all arrangements necessary in order to access My Site. Access to My Site is provided “as is” and on an “as available” basis. I may alter, suspend or discontinue My Site (or any part of it) at any time and without notice. I will not be liable to you in any way if My Site (or any part of it) is unavailable at any time and for any period.
INTERNATIONAL CUSTOMERS
Please note that I do accept orders from, or deliver to, customers outside the United Kingdom however you will be responsible for any customs duties. All shipping costs are automatically calculated by volumetric weight. My store is prepared to sell to customers in:
United Kingdom
If you wish to have work delivered outside of the UK please email for quotation.
GOODS,PRICING AND AVAILABILITY
I make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Me correspond to the actual Goods. Please note, however, the following:
Images of Goods are for illustrative purposes only. There may be slight variations in colour or the pattern between the image of a product and the actual product sold due to differences in computer displays and lighting conditions.
Where appropriate, you may be required to select the required colour of the Goods that you are purchasing.
I cannot guarantee that Goods will always be available. Stock indications are provided on My Site, however such indications may not be accurate.
Minor changes may, from time to time, be made to certain Goods between your Order being placed and Me processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
I make all reasonable efforts to ensure that all prices shown on My Site are correct at the time of going online. I reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every 2 months. Changes in price will not affect any order that you have already placed.
All prices are checked by Me before I accept your Order. In the unlikely event that I have shown incorrect pricing information, I will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, I will simply charge you the lower amount and continue processing your Order. If the correct price is higher, I will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). I will not proceed with processing your Order in this case until you respond. If I do not receive a response from you within 5 working days, I will treat your Order as cancelled and notify you of this in writing.
In the event that the price of Goods you have ordered changes between your Order being placed and Me processing that Order and taking payment, you will be charged the price shown on My Site at the time of placing your Order.
Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
ORDERS – HOW CONTRACTS ARE FORMED
My Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. If, during the order process, you provide Me with incorrect or incomplete information, please contact Me as soon as possible. If I'm unable to process your Order due to incorrect or incomplete information, I will contact you to ask to correct it. If you do not give Me the accurate or complete information within a reasonable time of My request, I will cancel your Order and treat the Contract as being at an end. If I incur any costs as a result of your incorrect or incomplete information, I may pass those costs on to you.
No part of My Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that I may, at My sole discretion, accept. My acceptance is indicated by Me sending you an Order Confirmation by email. Only once I have sent you an Order Confirmation will there be a legally binding Contract between Me and you.
Order Confirmations shall contain the following information:
Your Order Number;
Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
Estimated delivery date;
I will also include a paper copy of the Order Confirmation with your Goods.
In the unlikely event that I do not accept or cannot fulfil your Order for any reason, I will explain why in writing. No payment will be taken under normal circumstances. If I have taken payment any such sums will be refunded to you as soon as possible and in any event within 5 working days.
Any refunds due will be made using the same payment method that you used when ordering the Goods, unless you specifically request that I make a refund using a different method.
PAYMENT
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
We accept the following methods of payment:
Paypal and Stripe
DELIVERY, RISK AND OWNERSHIP
All Goods purchased through My Site will normally be delivered within 2 working days UK after the date of My Shipping Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of My control, see Force Majeure below). If I am unable to deliver the Goods on the delivery date, the following will apply:
If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, My courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
If you do not collect the Goods or rearrange delivery within 5 working days, I will contact you to ask you how you wish to proceed. If I cannot contact you or arrange redelivery or collection, I will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. I may also bill you for any reasonable additional cost that I incur in recovering the Goods.
In the unlikely event that I fail to deliver the Goods within above stated working days of My Order Confirmation (or as otherwise agreed), if any of the following apply you may treat the Contract as being at an end immediately:
I have refused to deliver your Goods; or
In light of all relevant circumstances, delivery within that time period was essential; or
You told Me when ordering the Goods that delivery within that time period was essential.
If you do not wish to cancel or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If I fail to meet the new deadline, you may then treat the Contract as being at an end.
Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 calendar days. Please note that if any cancelled Goods are delivered to you, you must return them to Me or arrange with Me for their collection. In either case, I will bear the cost of returning the cancelled Goods.
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once I have delivered the Goods to the address you have provided.
Ownership of the Goods passes to you once I have received payment in full of all sums due (including any applicable delivery charges).
Any refunds due will be made using the same payment method that you used when ordering the Goods.
FAULTY,DAMAGED OR INCORRECT GOODS
By law, I must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information I have provided, and that match My Goods that you have seen (unless I have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact me as soon as reasonably possible to inform Me of the fault, damage or error, and to arrange for a refund. Your available remedies will be as follows:
Beginning on the day that you receive the Goods (and ownership of them) you have a 14 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above. Please note that if the Goods arrive damaged you will have 1 calendar day to submit photographic evidence to nicholas@melver.co.uk.
Please note that you will not be eligible to claim refund on Goods purchased from the Samples and Seconds section, where I have informed you of the faults, or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Me and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Me merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period, within which you can return Goods for this reason.
To return Goods to Me for reasons described above (please contact nicholas@melver.co.uk to arrange for a collection and return) Please note that we are a small studio and that you will be fully responsible for the costs of returning the Goods.
Refunds will be issued within 14 calendar days of the day on which I agree that you are entitled to the refund.
All refunds issued will include only delivery costs paid by you when the Goods were originally purchased.
Refunds will be made using the same payment method that you used when ordering the Goods.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
OUR LIABILITY TO CONSUMERS
I will be responsible for any foreseeable loss or damage that you may suffer as a result of My breach of these Terms of Sale (or the Contract) or as a result of My negligence. Loss or damage is foreseeable if it is an obvious consequence of My breach or negligence or if it is contemplated by you and Me when the Contract is created. I will not be responsible for any loss or damage that is not foreseeable.
I will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity. If you wish to purchase Goods B2B please email nicholas@melver.co.uk for trade discounts.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
I will not be liable for any failure or delay in performing My obligations where that failure or delay results from any cause that is beyond My reasonable control. Such causes include, but are not limited to: customs release delay, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond My reasonable control.
If any event occurs that is likely to adversely affect My performance of any of My obligations under these Terms of Sale:
I will inform you as soon as is reasonably possible;
I will take all reasonable steps to minimise the delay;
To the extent that I cannot minimise the delay, My affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that I am bound by will be extended accordingly;
I will inform you when the event outside of My control is over and provide details of any new dates, times or availability of Goods as necessary;
If the event outside of My control continues for more than 14 calendar days I will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled;
If an event outside of My control occurs and continues for more than 14 calendar days and you wish to cancel the Contract as a result, you may do so in any way you wish.
COMMUNICATION AND CONTACT DETAILS
If you wish to contact Me with general questions, for matters relating the Goods or your Order, for matters relating to cancellations or complaints, you may contact Me by email at nicholas@melver.co.uk
COMPLAINTS AND FEEDBACK
I always welcome feedback from My customers and, whilst I always use all reasonable endeavours to ensure that your experience as a customer is a positive one, I nevertheless want to hear from you if you have any cause for complaint.
All complaints are handled in accordance with My complaints handling policy and procedure. If you wish to complain about any aspect of your dealings with Me, please contact Me by email nicholas@melver.co.uk
HOW I USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
All personal information that I may use will be collected, processed, and held in accordance with the provisions of UK General Data Protection Regulation (“GDPR”) and your rights under the GDPR. For complete details of My collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Privacy Policy.
OTHER IMPORTANT TERMS
The Contract is between you and Me. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Me in exercising any of My rights under these Terms of Sale means that I have waived that right, and no waiver by Me of a breach of any provision of these Terms of Sale means that I will waive any subsequent breach of the same or any other provision.
I may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If I change these Terms of Sale as they relate to your Order, I will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 calendar days of your cancellation.
LAW AND JURISDICTION
These Terms and Conditions, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales, Northern Ireland, Scotland.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in the above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Me relating to these Terms and Conditions, or the relationship between you and Me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.