Terms & Conditions
This part (together with the documents referred to on it) tells you the terms and conditions on which you are permitted to use www.catchpoleandrye.com ("the Site").
Please read these terms and conditions of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms and conditions of use and that you agree to abide by them. If you do not accept these terms and conditions of use in full, please refrain from using the Site immediately.
1. Information about us and general provisions relating to these terms and conditions of use and/or for the sale of products ("these Conditions")
1.1. www.catchpoleandrye.com ("the Site") is a site operated by Catchpole & Rye ("We"), a partnership company registered in England and Wales, and have our registered office at Saracens Dairy, Pluckley Lane, Pluckley, Kent TN27 0SA. Our VAT number is 621779428.
1.2. We reserve the right to change these terms and conditions of use at any time. You are expected to check these Conditions from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Conditions may also be superseded by provisions or notices published elsewhere on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of these Conditions as modified.
1.4. These terms and conditions of use apply to any website under our control and from which a link has been created to these terms and conditions of use.
2. Accessing the Site
2.1. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
2.2. From time to time, we may restrict access to some parts of the Site or the entire Site to users.
2.3. If you choose or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
2.4. When using the Site, you must comply with the provisions of these terms and conditions of use.
2.5. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions of use, and that they comply with them. You will be liable for any use of the Site through your internet connection or password whether or not authorised by you.
3. Intellectual Property Rights
3.1. We are the owner or the licensee of all intellectual property rights in the Site.
3.2. You may print off a copy of the materials on the Site for your own private use.
3.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4. Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3.5. If you print off, copy or download any part of the Site in breach of these terms and conditions of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Our Liability
4.1. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
4.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
4.1.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
4.1.3. loss of income or revenue;
4.1.4. loss of business;
4.1.5. loss of profits or contracts;
4.1.6. loss of actual or anticipated savings;
4.1.7. loss of data;
4.1.8. loss of goodwill;
4.1.9. wasted management or office time; and
4.1.10. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
4.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
4.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
4.4. We do not warrant that the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the Server that makes it available are free of viruses or bugs.
5. Viruses, Hacking and Other Offences
5.1. You agree to use the Site only for lawful purposes, and in a manner which does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Site by any third party. Such restriction and inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive material or disruption of normal flow of dialogue within the Site.
5.2. You agree to be responsible for (and to indemnify us against) all our losses, damages, costs and expenses (whether direct or indirect) arising out of or in connection with a breach by you of these terms and conditions of use.
6. Linking to and from the Site
6.1. You may link to our home page without gaining written consent.
6.2. If you wish to make any use of material on the Site other than as set out above, please address your request using the Contact Us function.
6.3. Where the Site contains links to and from other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents or reliability of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not necessarily endorse any views expressed within them.
6.4. Any site wanting to create a link to the Site or request a link to be created to them must contact us using the Contact Us function with full details of the request.
7. Information about You
8. Jurisdiction and Applicable Law
8.1. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these terms and conditions of use in your country of residence or any other relevant country. These terms and conditions of use are governed by English law.
PART II TERMS & CONDITIONS FOR THE SALE OF PRODUCTS
This part (together with the documents referred to on it) tells you the terms and conditions on which products listed on the Site are supplied to you. Please read these terms and conditions of sale carefully before ordering any products from the Site. You should understand that by ordering any of the products on the Site, you agree to be bound by these terms and conditions of sale.
9. Definitions and Interpretation
9.1. "Contract" means any contract between you and Catchpole & Rye for the sale and purchase of the Products incorporating these terms and conditions of sale and formed pursuant to condition 12.1.
9.2. "Products" means any products agreed in the Contract to be supplied to you by Catchpole & Rye (including any part or parts of them).
9.3. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
9.4. Words in the singular include the plural and in the plural include the singular.
9.5. A reference to one gender includes a reference to the other gender.
9.6. Condition headings do not affect the interpretation of these conditions.
10. Parties to the Contract
10.1. The Contract is between you and Catchpole & Rye.
10.2. By placing an order through the Site you warrant that:
10.2.1. you are legally capable of entering into binding contracts;
10.2.2. you are at least 18 years old;
10.2.3. all the information provided by you is correct and you are the owner of the payment card used by you to pay the purchase price; and
10.2.4. you are entitled to provide Catchpole & Rye with the requisite information pertaining to the recipient of the Products.
11.1. Subject to conditions 11.2 and 11.3 the Contract shall be on these terms and conditions of sale to the exclusion of all other terms and conditions (including any terms and conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
11.2. These terms and conditions of sale apply to all Catchpole & Rye sales and any variation to these terms and conditions of sale and any representations about the Products shall have no effect unless expressly agreed in writing and signed by a director of Catchpole & Rye. You acknowledge that, in entering into the Contract, you have not relied on any statement, promise, undertaking or representation made or given by or on behalf of Catchpole & Rye or implied from anything said or written in discussions between you and Catchpole & Rye prior to such Contract being concluded except as expressly stated in these terms and conditions of sale.
11.3. Both parties to the Contract are bound at all times by the terms and conditions of use of the Site as specified in conditions 1 to 8 inclusive.
12. Formation of the Contract
12.1. The steps in forming the Contract between you and Catchpole & Rye for the supply of the Products are as follows:
12.1.1. you select the products that you wish to purchase and place your order;
12.1.2. you pay for the products by credit/debit card in full at the time of the order, and accept these terms and conditions;
12.1.3. the purchase is processed by Catchpole & Rye;
12.1.4. you receive an automatic acknowledgement of your order by e-mail. This constitutes acceptance of your order and formation of the Contract, subject to availability of the Products, and verification of the Contract details, including as to payment.
12.2. The Contract will relate only to those Products which are available. Catchpole & Rye will not be obliged to supply any other products which may have been part of your order if he notifies you, or if you are notified, that any of the products in your order are not available.
12.3. The language of the Contract shall be in English.
12.4. If there is an error in any of the information you submit to us, please notify Catchpole & Rye as soon as possible. Your payment may not be able to be processed in this instance. Catchpole & Rye reserves the right to cancel the Contract without liability to you if any of the information you have provided is incorrect. If you have inadvertently ordered the wrong Products you may cancel the Contract in accordance with condition 17.
12.5. You can download a copy of the Contract.
13. The Products
13.1. The quantity and description of the Products shall be as set out in the email acceptance.
13.2. All samples, drawings, descriptive matter, specifications and advertising issued by Catchpole & Rye and any descriptions or illustrations on the Site exist for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract.
13.3. All products are subject to availability and may be withdrawn at any time. Catchpole & Rye will contact you to inform you if any Products are not available or cannot be delivered.
13.4. All orders shall be accepted at the discretion of Catchpole & Rye.
13.5. Catchpole & Rye gives no guarantee that materials and paint colours used on products ordered will be an exact match to any samples shown to you or displayed on the Site;
14.1. Products shall be delivered to UK mainland addresses within 80 days of your full payment being satisfactorily processed and your Contract information being satisfactorily verified.
14.2. All non-UK mainland deliveries will be quoted for upon receipt of order…..
14.3. Subject to condition 18.2 of these terms and conditions of sale Catchpole & Rye shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by Catchpole & Rye’s negligence), nor shall any delay entitle you to terminate or rescind the Contract. Where the delay exceeds 6 months due to any cause, Catchpole & Rye may cancel the Contract insofar as it relates to the Products affected by the delay without liability to you.
15. Risk and Title
15.1. Save as otherwise agreed in writing by a director of Catchpole & Rye, the Products will be at your risk from the time they are delivered.
16. Price and Payment
16.1. You pay in full when placing the order on the Site.
16.2.1. The price of any Products will be as quoted on the Site, except in cases of obvious error. We try to ensure that fees quoted on the Site are accurate, but the fee on your order will need to be validated by Catchpole & Rye before it processes your order. Catchpole & Rye will inform you of any inaccuracy and you will have the right not to proceed with your order if the fee is different to the one displayed.
16.2.2. Prices are liable to change at any time, but changes will not affect orders in respect of which Catchpole & Rye has already sent you an e-mail acceptance.
16.3. Prices do not include UK value added tax, UK mainland delivery or delivery costs addresses outside of the UK mainland. Changes in value added tax (or any other similar government taxes imposed from time to time) will also be charged according to law.
16.3. Payment for all Products must be by credit or debit card. We accept payment with Mastercard, Switch, Visa.
17. Returns Policy
17.1. For more information on our Returns Policy click here.
18.1. Catchpole & Rye's liability for losses you suffer as a result of any breach of any express terms or terms implied by statute or common law or any negligence by Catchpole & Rye is strictly limited to the purchase price of the Products in respect of which a default is claimed.
18.2. This does not exclude or limit in any way Catchpole & Rye's liability:
18.2.1. For death or personal injury caused by the Catchpole & Rye's negligence;
18.2.2. Under section 2(3) of the Consumer Protection Act 1987;
18.2.3. For fraud or fraudulent misrepresentation; or
18.2.4. For any matter for which it would be illegal for Catchpole & Rye to exclude, or attempt to exclude, its liability.
18.3. Catchpole & Rye is in no way deemed responsible for direct or indirect losses including but not limited to:
18.3.1. loss of income or revenue
18.3.2. loss of business
18.3.3. loss of profits or contracts
18.3.4. loss of anticipated savings
18.3.5. loss of data or
18.3.6. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
18.4. Subject to condition 18.2 Catchpole & Rye's liability for material posted on the Site is as set out in the terms and conditions of use and in respect of any Products and/or the supply of them its only liability and your sole remedy against Catchpole & Rye is as set out in any warranty for the Products.
19. Termination and Force Majeure
19.1. Catchpole & Rye may terminate the Contract at any time, with or without notice, if, in its sole discretion, you are in breach of any of these terms of the Contract or if any competent authority requires Catchpole & Rye to do so.
19.2. Catchpole & Rye may extend the time for delivery of the Products and may suspend the Site without liability to you for any failure to perform or delay in the performance of the Contract if any event outside its reasonable control affects its ability to provide the Products or host the Site including (without limitation) governmental acts, war, threat of war, riots, civil commotion, strikes, lock-outs or other industrial action or trader disputes, defective materials, delays in receipt of raw materials, bought in goods or components, technical failure, general availability of the internet, power failure, communications failure, accidents, weather, flood, earthquake, subsidence, epidemic or other natural disaster, fire, explosion, act of God, natural or local emergency, invasion, terrorist attack or threat of terrorist attack, impossibility of use of public or private transport or impossibility of use of public or private telecommunications networks. If delivery is delayed by more than six months by any such cause Catchpole & Rye may terminate the Contract insofar as it relates to the Products affected by such delay without liability to you.
19.3. The Contract will automatically terminate with immediate effect if we become insolvent, unable to pay our debts, suffer a winding up order or otherwise cease trading.
20. Intellectual Property
20.1. Catchpole & Rye gives no indemnity in respect of any actual or alleged infringements of patents, trademarks, trade names, registered designs or any other intellectual property rights relating to the Products.
21. Right of Set Off
21.1. There shall be no right of set off between debts arising between you and Catchpole & Rye.
22. Written Communications
22.1. Applicable laws require that some of the information or communications Catchpole & Rye sends to you should be in writing. When using the Site, you accept that communication with Catchpole & Rye will be mainly electronic. Catchpole & Rye will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Catchpole & Rye provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
23.1. A notice given under the Contract:
23.1.1. shall be in writing in the English language (or be accompanied by a properly prepared translation into English;
23.1.2. shall be sent for the attention of Customer Services at the address of Catchpole & Rye as stated on the Site, such notice to take effect five days from the notice being received; and shall be
(a) delivered personally; or
(b) sent by e-mail; or
(c) sent by pre-paid first-class post, recorded delivery or registered post; or
(d) if the notice is to be served by post outside the country from which it was sent, sent by registered airmail.
23.1.3. A notice is deemed to have been received:
(a) if delivered personally, at the time of delivery; or
(b) in the case of e-mail, at the time of transmission, provided a confirmatory copy is sent by first-class post or by personal delivery before the end of the next Business Day; or
(c) in the case of pre-paid first-class post, recorded delivery or registered post, 48 hours from the date of posting; or
(d) in the case of registered airmail, five days from the date of posting; or
(e) if deemed receipt under the previous paragraphs of this condition 23.1.3 is not within business hours (meaning 9:00 am to 5:00 pm Monday to Friday on a day that is not a public holiday in the place of receipt), when business next starts in the place of receipt.
23.2. To prove service, it is sufficient to prove that the notice was transmitted to the correct e-mail address of the relevant party or, in the case of post, that the envelope containing the notice was properly addressed and posted.
24. Rights of Third Parties
24.1. The Contract is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
25.1. No Contract between you and Catchpole & Rye may be assigned.
26. Our Right to Vary these Terms and Conditions
26.1. Catchpole & Rye has the right to revise and amend these terms and conditions of sale from time to time.
26.2. You will be subject to the policies and terms and conditions of sale in force at the time that you order Products from Catchpole & Rye, unless any change to those policies or these terms and conditions of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Catchpole & Rye notifies you of the change to those policies or these terms and conditions of sale before it sends you the e-mail acceptance of your order (in which case we have the right to assume that you have accepted the change to the terms and conditions of sale, unless you notify Catchpole & Rye to the contrary within seven working days of receipt by you of the Products.
27.1. If Catchpole & Rye fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions of sale, or if Catchpole & Rye fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
27.2. A waiver by Catchpole & Rye of any default shall not constitute a waiver of any subsequent default.
27.3. No waiver by Catchpole & Rye of any of these terms and conditions of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 23 above.
27.4. If any of these terms and conditions of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27.5. These terms and conditions of sale and any document expressly referred to in them represent the entire agreement between you and Catchpole & Rye in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and Catchpole & Rye, whether oral or in writing.
27.6. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions of sale.
28.1. If you have any complaints regarding the Products please contact Catchpole & Rye at the address specified on the Site.
29. Law and Jurisdiction
29.1. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to the Contract although Catchpole & Rye retains the right to bring proceedings against you for breach of these terms and conditions of sale in your country of residence or any other relevant country. These terms and conditions of sale are governed by English law.