These terms and conditions set out the basis on which you can visit and use our Website. Please read them carefully as they contain important information.
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1. GENERAL
1.1 These terms and conditions ("the Terms") apply to your use of this website (the "Website"). By accessing this Website and/or placing an order you agree to be bound by these Terms, which include our Privacy Policy.
1.2 In these Terms, unless the context requires otherwise:
• "Contract" means each contract for the supply of Goods by us into which these Terms shall be incorporated;
• "Goods" means the goods which we supply in accordance with these Terms;
• "Order" means an order in respect of the Goods issued by you to us.
1.3 This site is owned by Wombourne & Kinver Memorials Ltd and operated by Wild Goat Web Design. If you want to ask us anything about these Terms or have any comments or complaints on or about this Website, please contact us via our contact form.
1.4 Wombourne & Kinver Memorials Ltd reserve the right to change these Terms from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms.
1.5 There may be legal notices on other areas of this Website which relate to your use of this Website, such as our Privacy Policy of which will, together with these Terms govern your use of this Website.
1.6 Wombourne & Kinver Memorials Ltd may from time to time make available services on the Website which require registration. Information that you provide on this Website must be complete and accurate. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
1.7 Subsequent access to such services shall require input of appropriate account and password details ("Login Details"). You are responsible for maintaining the confidentiality of your Login Details and any activities that occur under your account. Wombourne & Kinver Memorials Ltd shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your Login Details. In the event that you have any concerns regarding your Login Details or become aware of any misuse then you should inform us immediately by contacting our customer services team via our contact form. Wombourne & Kinver Memorials Ltd may deactivate your account at any time which will mean that your Login Details will no longer provide access to your account. Wombourne & Kinver Memorials Ltd will let you know if it does this using the contact details you provided.
1.8 We cannot prohibit minors visiting this site. We rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view/purchase. If you are under 18, you must use this site only with the involvement of a parent or guardian.
2. ORDER PROCESS
2.1 When completing an order, we will request information from the user as required. Here a user must provide contact information (such as name, delivery address, telephone number). No financial information (such as credit card number, expiration date) is asked for or held by this site. This information is used for billing purposes and to fill customers' orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
2.2 When you place an order with us online you will be taken through a secure checkout process and up to the point at which you click on 'Place Order' on the final page of the checkout process you are able to add/amend/delete any items that you have placed in your basket.
2.3 Please note that the colours of the Goods are as accurate as the Website allows, as the actual colours you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
3. ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER
3.1 We will send you a confirmation of receipt of your Order email once you submit your Order. All Orders whether placed on the Website or by another method, will be subject to our acceptance in accordance with these Terms. Our acceptance of your Order and the completion of the contract between you and us will take place upon despatch to you of the Goods ordered.
3.2 Any offers for Goods at discounted prices on the Website, may be made available from time to time for you to Order (subject to our acceptance) for a limited period of time as stated in that offer.
3.3 Wombourne & Kinver Memorials Ltd has taken every care in the preparation of the content of this Website, and in particular to ensure that (i) prices quoted are correct at time of publishing; and (ii) the Goods have been fairly described. However, please note that we may only accept Orders if there are no material errors in the description of the Goods or their prices as advertised on this Website.
3.4 Non-acceptance of an Order may be as a result of one of the following:
3.4.1 One or more of the Goods you ordered are unavailable. We will inform you as soon as possible if the Goods you have ordered are not available;
3.4.2 Our inability to obtain authorisation for your payment. We may contact you to check your Card details;
3.4.3 The identification of a pricing or product description error as referred to in condition 3.3; or
3.4.4 You not meeting the eligibility to order criteria as set out in these Terms.
4. PRICING
4.1 The prices stated by us at the time we receive your Order are the prices you pay except where we discover an error in the price of the Goods you have ordered. In this event, we will inform you as soon as possible after receiving your Order and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled.
4.2 Prices that are reduced for sales and promotions are only valid for the specified period. We reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before (but not after) we accept your order.
5. METHOD OF PAYMENT
5.1 You can pay using Paypal.
5.2 We make every effort to ensure that goods displayed are available to order, however where any of the Goods contained within an Order are out of stock, we will contact you to explain the situation and confirm whether you would like to either cancel the whole Order or whether you would like us to process a new order for Goods that we have in stock.
5.3 Ownership of the Goods you Order on the Website shall pass to you on delivery provided that we have processed and received payment in full for such Goods.
6. DELIVERY
6.1 Wombourne & Kinver Memorials Ltd are able to deliver your Goods to any address worldwide providing the correct postal address is provided.
6.2 Selecting the delivery address:
6.2.1 When you have selected the Goods that you wish to purchase from us, the delivery address will default automatically to the billing address associated with your account.
6.2.2 Selecting an alternative address: However, should you wish to send the Goods to an alternative address then you can enter this in the delivery address form as you proceed through the checkout process. The alternative address can be either residential or business.
6.3 To make life easier for you, if you set up an account with Wombourne & Kinver Memorials Ltd then you can store your favourite addresses so that when re-ordering you can just select from your delivery address book saving you time and the inconvenience of filling out the form again.
6.4 Where possible, we try to deliver all items which you have ordered at the same time. However, please note that we reserve the right to make split deliveries so that you receive your products as soon as possible. There are no additional delivery costs associated with such split deliveries. Each split order will constitute a separate contract of sale. If we are late delivering a part of a split order or one part of a split order is faulty, that will not entitle you to cancel any other part of the split order.
6.5 Risk of loss or damage to the Goods shall pass to you at the time the Goods are delivered.
7. TRACKING YOUR ORDER
7.1 Should you have any query with regards to the receipt of your Order then please contact our customer services team via our contact form.
8. RETURN OF GOODS POLICY
We hope you will be satisfied with Goods purchased on our Website.
8.1 Subject to condition 8.2, if you wish to return to us, or exchange, any Goods:
8.1.1 in respect of which you find a fault within a reasonable time after delivery. Subject to confirmation of the fault, we will refund any monies charged and any charges incurred in returning the product deemed faulty.
8.1.2 for any reason you may do so within 30 days of the date of despatch. We will refund the price of the product, providing it is in a saleable unworn condition and is in its original, undamaged packaging. The delivery charge is non-refundable and unless otherwise agreed between us, you must pay for the costs of return of the Goods to us.
This does not affect your statutory rights.
8.2 Under the distance selling regulations you have the legal right to cancel your order within 14 working days of receipt of the goods.
8.3 If you would like to return any Goods to us then you can do so via our Returns process. The value of the returned Goods at the time of purchase will be refunded in full to the same Paypal account. If you wish to receive replacement Goods, please order them in the normal way via our Website.
8.4 If you have any queries about your return and would like to contact us please contact us via the contact form.
9. WARRANTIES AND LIABILITY
9.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation.
9.2 Wombourne & Kinver Memorials Ltd will make every effort to deliver Goods within a reasonable time from the date of your Order and to comply with our obligations under these Terms, but we cannot be held responsible for delays or failures due to adverse weather, traffic delays, mechanical breakdowns or other circumstances beyond our control.
9.3 The information contained in the material in this Website is only for information purposes. Wombourne & Kinver Memorials Ltd, by permitting the use of this Website, does not hold itself out as providing any legal, financial or other advice. It also does not make any recommendation or endorsement as to any investment, advisor or other service or product or to any material submitted by third parties or linked to this Website. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
9.4 The Goods are sold in accordance with the manufacturer's specification, subject to any qualification or representation contained in the Website. Wombourne & Kinver Memorials Ltd do not make any other promises or warranties about the Goods.
9.5 Wombourne & Kinver Memorials Ltd will make every effort to keep the Website available but Wombourne & Kinver Memorials Ltd cannot guarantee that the Website will always be available, reliable, free from technical inaccuracies and typographical errors or other types of error. Further, we often review the content of the Website to keep it up to date, but we cannot guarantee that it will always be up to date. Wombourne & Kinver Memorials Ltd do not make any other promises or warranties about the Website.
9.6 This Website contains material submitted and created by third parties. Where this is the case, we shall let you know. We have not been able to verify the accuracy of such material and so you should confirm its accuracy with the relevant third party.
9.7 This Website also contains links to other websites and resources which are not under the control of and are not maintained by Wombourne & Kinver Memorials Ltd. Wombourne & Kinver Memorials Ltd has no control over such websites and resources. Wombourne & Kinver Memorials Ltd provides these links for your convenience only but does not necessarily endorse the material on these websites. Your visiting of any external websites via links from this Site is entirely at your own risk. Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party. Therefore, you should ensure that you carefully read the terms and conditions for the accessing and use of such websites and resources and, if you suffer losses as a result of accessing and/or using such third party websites and resources, you must claim against the third party and not us.
9.8 Unless otherwise specified, the materials on this Website are directed solely at those who access this website from the United Kingdom. Wombourne & Kinver Memorials Ltd make no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
9.9 We will take all reasonable precautions to keep the details of your Order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
9.10 If either you or we are in breach of the arrangements under these Terms, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both you and us at the time you place an Order.
9.11 Liability for any direct loss or damage which arises out of or in connection with the Contract shall be limited to the Contract value.
9.12 Wombourne & Kinver Memorials Ltd shall not be liable to the Purchaser for any indirect loss of profit, loss of business or depletion of goodwill or consequential loss or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract
10. INTELLECTUAL PROPERTY
10.1 The contents of this Website may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted, re-posted or transmitted in any form or by any means without the prior express written permission of Wombourne & Kinver Memorials Ltd. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, "caching" any material on this Website for access by third parties and "mirroring" any material on this Website. You may print the contents of an individual page of this Website for the purpose of private and personal non-commercial use.
11. MISCELLANEOUS
11.1 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
11.2 Each Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts. Where national regulatory authorities have jurisdiction over the contents of this Website, Wombourne & Kinver Memorials Ltd has attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this Website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries from which the pages in this Website should not be accessed.
12. DATA PROTECTION AND PRIVACY
12.1 We respect the privacy of all individuals who use this Website. This privacy statement explains what information we gather from you, how we use it and how you may control our use of your personal information. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). This Website contains links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our Website and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.
12.2 Wombourne & Kinver Memorials Ltd is the sole owner of the information collected on this Website. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Wombourne & Kinver Memorials Ltd, collects information from our users at several different points on our Website unless we are legally entitled or required to do so, or if we believe that such action is necessary to protect and/or defend our rights, property or personal safety and those of other users of this Website. Your privacy is of the highest importance to us, and we promise never to release your personal details to any outside company for mailing or marketing purposes without your express permission.
12.3 Information collected
We may collect the following data from you:
12.3.1 information that you provide to us when setting up or amending an account with us. For example, your name, address, various delivery addresses, email address, contact telephone numbers password, password question and answer, which can be used when you subsequently place an order;
12.3.2 information that you provide to us when placing an order online or by filling in any online registration form which we may make available on our Website. For example, your name, email address, payment address which are essential for processing an order;
12.3.3 information which you voluntarily disclose to us by email or other means;
12.3.4 information about your computer including, where available, your IP address, operating system and browser type;
12.3.5 information about your internet usage obtained using a cookie file which is stored on the hard drive of your computer. For full details please see our Cookie' policy.
12.4 Surveys and Contests
From time-to-time our Website requests information from its users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as post code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website.
12.5 Uses made of the information
We use information held about you in the following ways:
12.5.1 internal analysis purposes within our group of companies;
12.5.2 to create and maintain your account with us;
12.5.3 to comply with our obligations following your order as set out in our terms and conditions of sale;
12.5.4 to provide regular updates and newsletters in respect of our products and services;
12.5.5 to ensure that content from our Website is presented in the most effective manner for you and for your computer;
12.5.6 to administer and otherwise perform our obligations in relation to the goods and/or services which we have agreed to provide to you. For example, we may use an outside carrier company to deliver orders, and a credit card processing company to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes;
12.5.7 to provide you with information and services including any marketing that you have requested from us and otherwise to respond to queries which you may submit;
12.5.8 to allow you to participate in interactive features of our Website where you have chosen to do so;
12.5.9 to notify you about changes to our Website;
12.5.10 to offer you products and services provided by us or any other company within the same group of companies. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and/or user information, we are entitled to do so.
12.6 Cookies
12.8.1 Cookies are small files stored by your browser on your computer/mobile device when you visit our site. Your browser accesses the cookie file, but only when you visit the website that generated it. Easing your navigation, cookies remember things like your preferences and what’s in your shopping basket. Cookies also allow us to deliver you a more personalised shopping experience.
12.7 Security
12.7.1 At Wombourne & Kinver Memorials Ltd, we realise how important it is to securely store any information that you provide us. Our site (www.wombournememorials.co.uk) currently uses high-level Secure Socket Layer (SSL) encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that we take the security of your personal details very seriously. We may vary this in the future if we feel you will benefit from greater security whilst using our Website.
12.7.2 You can tell whether a webpage is secure as 'https' will replace the 'http' at the front address bar of your browser window, also a small locked padlock will appear in your browser window.
12.7.3 While we currently use SSL encryption to protect sensitive information online, we also protect your information off-line. All of your information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, a customer services representative) are granted access to your personal information. The servers on which we store your personal information are kept in a secure environment.
12.8 Phishing
12.8.1 Phishing is the practice of tricking someone into giving confidential information. Examples include falsely claiming to be a legitimate company when sending an email to a user, in an attempt to get the user to send private information that will be used for identity theft and fraud.
12.8.2 Wombourne & Kinver Memorials Ltd will never ask you to send any personal details via email. Should you receive an email claiming to be from Wombourne & Kinver Memorials Ltd, requesting this kind of information please do not respond but contact us immediately.
