Legal stuff, terms and conditions.

These terms and conditions (the Legal Stuff) are the contract between you and Cribbs & Co. (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

I / We are Cribbs & Co. Our address is Cribbs & Co. 101 Rose Street South Lane, Edinburgh, EH2 3JG

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions:

Definitions

In this agreement:

“Carrier”

means any person or business contracted by us to carry Goods from us to you.

“Consumer”

means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Content”

means any content in any form published on Our Website by us or any third party with our consent.

“Goods”

means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website”

means any website of ours, and includes all web pages controlled by us.

“Post”

means display, exhibit, publish, distribute, transmit and/or disclose information,

Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

Interpretation

In this agreement, unless the context otherwise requires:

a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated as £50 per hour.
these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

We take care to make Our Website safe for you to use.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
The following rules apply to the cancellation of your order:
1. If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
2. If you have ordered Goods and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
3. We will return your money subject to the following conditions:
  1. we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
  2. you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
The option to cancel your order is not available:
1. if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
2. if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
3. If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
In any of the above scenarios, we will return your money within 14 days.

Goods are delivered within 30 days from the day you place an order to purchase the Goods.

Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver the Goods in instalments if they are not all available at the same time for delivery.
All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
Signing “Unchecked”, “Not Checked” or similar is not acceptable.
Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
Some Goods will be delivered directly from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
If you pick up Goods from our premises then:
1. we will not be able to assist you in loading heavy items;
2. Goods are at your risk from the moment they are picked up by you or your Carrier from our shop/warehouse;
3. you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

We do not accept returns unless there was a defect in the goods at the time of purchase, or we have agreed in correspondence that you may return them.
Before you return the goods to us, please carefully re-read the instructions and check that you have assembled them correctly and complied with any provisions relating to the power supply, plugs and sockets.
The goods must be returned to us as soon as any defect is discovered but not later than 14 days.
So far as possible, Goods should be returned:
1. with both goods and all packaging as far as possible in their original condition;
2. securely wrapped;
3. including our delivery slip;
4. at your risk and cost.
You must tell us by email message to contactus@cribbsandco.co.uk or use the contact us page with return in the subject heading, that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
Most of the goods are covered by the manufacturer’s guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer’s operating instructions.
If we agree that the goods are faulty, we will:
1. refund the cost of return carriage;
2. repair or replace the goods as we choose.
If we repair or replace the goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

Disclaimers
1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this subparagraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3. We make no representation or warranty for:
  1. any implied warranty or condition as to merchantability or fitness of the goods for a particular purpose;
  2. the adequacy or appropriateness of the goods for your purpose.
4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the goods concerned.
6. We shall not be liable to you for any loss or expense which is:
  1. indirect or consequential loss; or
  2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
8. If you become aware of any breach of any term of this agreement by any person, please tell us by using the contact us page, with breach of terms in the subject field. We welcome your input but do not guarantee to agree with your judgement.
9. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
10. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this subparagraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
11. We make no representation or warranty for:
  1. the quality of the Goods;
  2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
  3. the correspondence of the Goods with any description;
  4. the adequacy or appropriateness of the Goods for your purpose.
12. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
13. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
14. We make no representation or warranty and accept no responsibility in law for:
  1. accuracy of any Content or the impression or effect it gives;
  2. delivery of Content, material or any message;
  3. privacy of any transmission;
  4. any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
  5. any aspect or characteristic of any goods or services advertised on Our Website;
15. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
16. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
17. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
18. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017.
19. If you become aware of any breach of any term of this agreement by any person, please tell us by using the contact us page with, breach of terms and conditions in the subject heading. We welcome your input but do not guarantee to agree with your judgement.
20. Nothing in this agreement excludes liability for a party’s fraud.
Your account with us
1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

be malicious or defamatory;
consist in commercial audio, video or music files;
be illegal, obscene, offensive, threatening or violent;
be sexually explicit or pornographic;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
solicit passwords or personal information from anyone;
be used to sell any goods or services or for any other commercial use;
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
link to any of the material specified above, in this paragraph.
send age-inappropriate communications or Content to anyone under the age of 18.

In connection with the restrictions set out below, we may refuse or edit or remove a Posting that does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

hyperlinks, other than those specifically authorised by us;
keywords or words repeated, which are irrelevant to the Content Posted.
the name, logo or trademark of any organisation other than yours.
inaccurate, false, or misleading information.

Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at the bottom of this page.

If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
Share with a third party any login credentials to Our Website.
Despite the above terms, we now grant a licence to you to:
1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the law of any country;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your use of the Goods;
a breach of the intellectual property rights of any person.

Intellectual Property
1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in the text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Dispute resolution

In this paragraph, the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

If you are not happy with our services or have any complaint then you must tell us by email message to contactus@cribbsandco.co.uk
If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at http://ec.europa.eu/consumers/odr/.

Notice of right of cancellation: Right to Cancel and Model Cancellation Form

Information about your statutory right to cancel

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.