Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO YOUR RIGHTS OF RETURN AND CANCELLATION IN CLAUSE 8
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Ann’s Cottage Ann's Cottage, Wadebridge Ltd, Website Department (we and us) to the customer (you). Our VAT number is 249156095. Company number: 4768926
1.2 All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us delivering the goods to you at which point a legally binding contract is constituted between you and us.
1.3 The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
2.1 On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Place order and pay" button on the checkout page.
2.2 All orders placed by you and purchases of goods by you from us are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price payable for the goods you order or purchase is as set out in store and on our website at the time you submit your order, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.
3.2 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
3.3 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
3.4 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
3.5 For website orders, payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
3.6 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.
3.7 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.
3.8 We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
3.9 The format of our invoice and statements to you will solely be dictated by us.
4. Delivery & Title
4.1 Unless you choose to collect the goods from one of our stores via our Click & Collect service) and except in exceptional circumstances (as contemplated in clause 12), we aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject always to clause 6 and 12. We reserve the right to deliver an order in instalments by separate delivery shipments. Further information about delivery of our goods can be found at www. https://www.annscottage.com/help/delivery
4.2 Before placing your order, please refer to the delivery options set out on our delivery page (https://www.annscottage.com/help/delivery) to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately.
4.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
5. Click & Collect
5.1 The terms set out under this clause 5 apply in relation to "Click & Collect" orders.
5.2 These services are available on all goods on our website.
5.3 In accordance with clause 1.2, acceptance of your order and the formation of a contract between us will take place when we hand the purchased goods over to you at the store counter
5.4 If you need to cancel your order after you have submitted it, please call us on 01208 869923
5.5 Before you place your order you will be asked to confirm which Ann’s Cottage store you wish to collect the item from. You must collect the item from the Ann’s Cottage store you select.
5.6 Subject to clause 6, if your item is in stock, we will aim to ensure that it is available for collection from the store within 1 to 3 working days after we receive your order and successfully process your payment.
5.7 Items are available for collection only during normal opening hours for the relevant Ann’s Cottage stores. Please ensure you check the relevant stores opening hours which can change weekly: https://www.annscottage.com/our-stores/store-opening-times/
5.8 For full terms and conditions relating to our Click and Collect service, please see here: https://www.annscottage.com/help/click-and-collect
6.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible.
7. Manufacturer's Warranties & Guarantees
7.1 Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made directly to us (Ann’s Cottage) and we will advise how to proceed communicating directly to the manufacturer.
7.2 Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
8. Cancellation, Returns & Refunds
8.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 30 days of the date of delivery to you or your collection from an Ann’s Cottage store using our Click and Collect Service (as applicable). In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the 30 day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
8.2 You will lose your right to cancel after the expiry of the 30 day period referred to in clause 8.1 (this does not affect your rights if there is any problem with the goods).
8.3 To exercise your right to cancel, you may inform us of your decision to cancel by post, phone or email using the contact details set out below at clause 15.
8.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (subject to clause 8.11), unless we agree that you may dispose of them, in which case please comply with the manufacturer's instructions before disposing of hazardous goods. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products. For more information on the ways in which you can return the goods you have received, please see the Returns section of our website at https://www.annscottage.com/help/returns .
8.5 Following cancellation, subject to clause 8.7, we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day:
8.5.1 You notified us to cancel your order, where you have not received the goods; or,
8.5.2 We receive the goods you returned to us, where you are in receipt of the goods; or
8.5.3 You provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
8.6 We will refund you using the same means of payment as you used to pay for your order or purchase. For PayPal purchases we will provide customer credit.
8.7 Your right of cancellation does not apply to goods that altered to your requirements, made to measure, made to order, made to your specifications or clearly personalised (for example, made to wetsuits or stickers on boards). Your right of cancellation does not apply to goods which are not suitable for return due to health protection or hygiene reasons (such as swimwear and underwear), if you have opened the product packaging after delivery or collection.
8.8 Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 30 day period in clause 8.1.
8.9 Without prejudice to your right to cancel orders generally under this clause 8, if you have notified us of a problem with the goods within 30 days of delivery or collection, you may cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.
8.10 If an item develops a fault after 30 days following delivery or collection, and where the manufacturer has provided a helpline, repair service or warranty, you should contact the manufacturer direct. If there is no such service or warranty with the product, in most instances we will either offer a direct replacement or similar product that you are happy and agree with as a replacement.
Legal Rights as a Consumer
8.11 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
9.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
10. Events Beyond Our Control
10.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
11. Disposal of Electrical and Electronic Equipment
11.1 The WEEE regulations (January 2013) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk
12.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
12.2 Unless stated otherwise, any "Was" prices shown have been charged for a minimum of 14 days at the previous higher price, and those products were available to buy at that higher price from any of our stores and on www.annscottage.com and via our Contact Centre. Please contact us (details below) if you would like further details.
12.3 All images are for illustration purposes only. Contents / accessories shown in images are not included unless stated in product description.
13. Contact Details
13.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at:
Ann's Cottage Wadebridge Ltd
Higher Pityme Farm
Pityme Business Centre
By phone on 01208 869924
By email at firstname.lastname@example.org. Calls may be recorded for quality and training purposes.
15. Alternative dispute resolution
15.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Union has set up an Online Dispute Resolution (ODR) platform. If you are not happy with how we have handled a complaint about your transaction, disputes may be submitted for online resolution to the ODR Platform at ec.europa.eu.