1. About These Terms
These Terms and Conditions apply when you (the " Customer") purchase goods from Invicta Bakeware Ltd (the "Seller") as a consumer. By placing an order, you agree to be bound by these Terms and Conditions. Please read them carefully before ordering.
Nothing in these Terms and Conditions affects your statutory rights as a consumer under the Consumer Rights Act 2015 or any other applicable legislation.
In these Terms and Conditions:
"
Goods" means the products you purchase from the Seller.
" Contract" means the agreement between you and the Seller for the sale of Goods, which is formed when the Seller accepts your order.
2. Our Details
Invicta Bakeware Ltd is a company registered in England and Wales.
Registered Office: Westgate Business Park, Westgate Carr Road, Pickering, North Yorkshire, YO18 8LX
Tel: 01751 473483
Email: sales@invictabakeware.co.uk
Company Number: 00204587
3. Orders
All orders are subject to acceptance by the Seller. The Seller reserves the right to refuse or cancel any order where goods are unavailable or where a pricing or specification error has occurred.
A Contract is formed when the Seller sends you an order confirmation. Until that point, no binding agreement exists between you and the Seller.
4. Prices and Payment
All prices shown are exclusive of VAT at the applicable rate. Delivery charges, where applicable, will be clearly displayed before you complete your order.
Payment must be made in full at the time of placing your order. The Seller accepts the payment methods displayed on its website or otherwise communicated at the point of sale.
The Seller takes reasonable care to ensure that prices are correct at the time of publication. If an error in pricing is discovered before despatch, the Seller will contact you to inform you of the correct price. You may then choose to proceed at the correct price or cancel your order for a full refund.
5. Delivery
The Seller will deliver the Goods to the address you specify when placing your order.
Any delivery dates communicated by the Seller are estimated dates only. However, unless a specific delivery date has been agreed, the Seller will deliver the Goods without undue delay.
If delivery is delayed beyond the agreed or statutory timeframe, you may contact the Seller to request a new delivery date. If the Seller fails to deliver within a reasonable further period, you may cancel the order and receive a full refund.
The Seller reserves the right to make partial deliveries where necessary and will notify you if this is the case.
Risk in the Goods passes to you upon delivery, or when you (or a person you have nominated) take physical possession of the Goods.
6. Your Right to Cancel
If you purchase Goods at a distance (for example, online or by telephone), you have the right to cancel the Contract within 14 days of receiving the Goods without giving any reason. This is your statutory cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
To exercise your right to cancel, you must inform the Seller by a clear statement (for example, by letter, email or telephone) before the cancellation period expires. You may use the model cancellation form provided with your order confirmation, but this is not obligatory.
If you cancel the Contract within the cooling-off period, you must return the Goods to the Seller without undue delay and in any event within 14 days of notifying the Seller of your cancellation. You will bear the direct cost of returning the Goods unless the Seller has agreed otherwise.
The Seller will reimburse all payments received from you, including the cost of standard delivery, without undue delay and in any event within 14 days of receiving the returned Goods or evidence that they have been sent back.
The right to cancel does not apply to:
- Goods that have been made to your specification or are clearly personalised (bespoke or made-to-order products);
- Goods that have been mixed inseparably with other items after delivery.
7. Returning Faulty or Incorrect Goods
The Seller warrants that the Goods will be of satisfactory quality, fit for purpose and as described at the time of delivery.
If the Goods are faulty, not as described or not fit for purpose, you have the following statutory rights under the Consumer Rights Act 2015:
Short-term right to reject: Within 30 days of receiving the Goods, you may reject them and receive a full refund.
Right to repair or replacement: After 30 days but within six months of delivery, you may request a repair or replacement. If the repair or replacement is unsuccessful, you are entitled to a full refund.
Right to a price reduction or final right to reject: After six months from delivery, you may request a repair or replacement. If the repair or replacement is unsuccessful, you may be entitled to a price reduction or a final right to reject the Goods for a partial refund (taking account of use).
To exercise any of these rights, please contact the Seller as soon as reasonably practicable, providing details of the fault or issue.
These rights are in addition to, and do not affect, any manufacturer's guarantee that may apply.
8. Ownership of Goods
Ownership of the Goods passes to you when the Seller has received payment in full.
9. Product Specification
The Seller takes reasonable care to ensure that product descriptions and specifications are accurate. However, the Seller reserves the right to make minor changes to product design or specification where necessary due to manufacturing requirements, product improvements or regulatory obligations, provided that such changes do not materially affect the quality or performance of the Goods.
Images of the Goods on the Seller's website or in any catalogue are for illustrative purposes only. There may be slight variations in colour or appearance between the image and the actual product.
10. Customer Specifications
Where Goods are manufactured or supplied in accordance with specifications, drawings or instructions you have provided, you are responsible for ensuring the accuracy and suitability of those specifications.
The Seller shall not be liable for any defect or issue arising from errors or omissions in specifications you have supplied.
Any tooling, designs or manufacturing processes developed by the Seller remain the property of the Seller unless otherwise agreed in writing.
11. Product Use
You are responsible for ensuring the Goods are suitable for your intended application and that they are used in accordance with any guidance, instructions or safety information provided by the Seller.
The Seller shall not be liable for any loss or damage resulting from misuse, modification or improper use of the Goods.
12. Limitation of Liability
The Seller's liability to you in respect of any claim arising out of or in connection with the Contract shall in no circumstances exceed the price paid by you for the Goods giving rise to the claim.
The Seller shall not be liable for any indirect or consequential loss, except where such loss arises from a breach of your statutory rights, in which case your statutory remedies apply in full.
Nothing in these Terms and Conditions shall exclude or limit the Seller's liability for:
- death or personal injury caused by the Seller's negligence;
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Protection Act 1987;
- any liability which cannot be excluded or limited under applicable law, including your statutory rights under the Consumer Rights Act 2015.
13. Force Majeure
The Seller shall not be liable for any failure or delay in performing its obligations where such failure is caused by circumstances beyond its reasonable control, including but not limited to war, civil disturbance, strikes or industrial disputes, supply chain disruption, transport delays, shortage of materials, natural disasters, pandemics or government action.
If a force majeure event continues for more than 30 days, either party may cancel the Contract and you will receive a full refund for any Goods not yet delivered.
14. Data Protection and Privacy
The Seller will process your personal data in accordance with applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Full details of how the Seller collects, uses, stores and shares your personal data, the lawful basis for processing, your rights under data protection law, and how to exercise those rights are set out in the Seller's Privacy Policy, which is available on the Seller's website.
By placing an order, you acknowledge that you have read and understood the Seller's Privacy Policy.
15. Complaints
If you have a complaint about the Goods or the Seller's service, please contact the Seller using the details set out in clause 2 above. The Seller will acknowledge your complaint promptly and endeavour to resolve it as quickly as possible.
16. Governing Law and Disputes
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.
Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you may bring a claim in the courts of the part of the United Kingdom in which you live.
17. General
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
A failure by the Seller to exercise or enforce any right under these Terms and Conditions shall not constitute a waiver of that right.
These Terms and Conditions, together with any order confirmation, constitute the entire agreement between you and the Seller in relation to the Goods.
