terms & conditions

Term & Conditions of Sale

Definitions

In this agreement:

“Consumer”

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

“Content”

means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.

“Extra Work”

means all of the work we do and materials we buy to prepare or produce Specified Goods.

“Goods”

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

"Intellectual Property"

means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

"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.

“Specified Goods”

means Goods which have been subject to work or process to your specific order.

“Our Website”

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

1.Interpretation

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.

a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
in the context of permission, “may not” in connection with an action of yours, means “must not”.
any agreement by either 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.
a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.

2.Our contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
Because we rely on our suppliers, [we / We] do not guarantee that Goods advertised on Our Website are available.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.
The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

3.Acceptance of your order

This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.
Your order is an offer to buy from us.

AND EITHER

Nothing that we do or say will amount to any acceptance of your offer until we actually dispatch the Goods to you. [At any point up until then, we may decline to supply the Goods to you without giving any reason].

We shall accept your order by e-mail confirmation or other means of electronic communication via our social media messaging platforms. That is when our contract is made. Our message will also confirm details of your purchase and give an estimated delivery time.

AND

At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we may offer you alternatives. If this happens you may:
1. accept the alternatives we offer;
2. cancel all or part of your order.

4.Extra Work and approval of Proof / Sample

This paragraph applies to Specified Goods.
Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.
Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms.
Once we have entered into this contract we will where appropriate and agreed, submit design proposals to you for approval.
If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates.
If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Extra Work.

5.Prices

Prices of Goods are shown on Our Website.
Prices for Specified Goods are available on enquiry, either through Our Website, by email or via our social media messaging accounts.
It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.

6.Payment

Unless otherwise agreed beforehand, we will not split an order. We require payment in full for your order before we will send any part of it.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Pounds Sterling will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed during checkout.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date when we accept that repayment is due.

7.Security of your credit card

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.

8.Cancellation and refunds

Please note that this paragraph does not apply to any Specified Goods you order through Our Website.

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. 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 cancellation of your order:
1. 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.
2. 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.
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.

The option to cancel your order is not available:
If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
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;
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.

9.Liability for subsequent defects

Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
The procedure to return the faulty Goods is as follows:
1. the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
2. before you return the Goods to us, please carefully re-read the instructions and check that you have complied with them in full.
3. please follow the returns procedure supplied with the product documentation and/or delivery note. Where no such procedure is stated, please contact us via email or via our social media messaging platforms for details.
We will return your money subject to the following conditions:
1. we receive the Goods with labels and packaging intact.
2. you comply with our returns procedure. We cannot return your money unless we know who sent them.
3. you provide clear details of the defect/s, when the defect first became apparent, and other information to enable us to identify or reproduce it.
If any defect is found, then we shall:
1. repair or replace the Goods, or
2. refund the full cost you have paid including the cost of returning the Goods

10.Delivery

We aim to deliver goods to you within the timeframe agreed and/or stated at the time of purchase and in any event, within 30 days of purchase unless an alternative timescale is agreed between you and us at the time of purchase or subsequently in the event of a delay.
Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
If we are not able to deliver your Goods within 30 days of the date of your order and no subsequent or alternative agreement exists, 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.
Goods are sent at our risk until delivered to you or any other person at the address you have given to us or goods are delivered to a place designated by you as a safe place or alternative address.
Goods are sent by post. We will usually send you a message by email to tell you when we have despatched your order.
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.
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 direct 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.

11.Risk and retention of title

Ownership of the Goods shall not pass to you until they are fully paid for, but the risk in the Goods shall be borne by you from the date of the delivery by us or our agents.
We shall deliver the Goods, duty and delivery paid, to your premises.
In spite of delivery having been made, title to the Goods shall not pass from us until:
1. you have paid the price in full; and
2. no other sums whatever shall be due from you to us.
Until title to the Goods passes to you, you shall hold the Goods on a fiduciary basis as bailee for us.
You must store the Goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our Goods.
Despite any of the Goods remaining our property, you may sell or use the Goods in the ordinary course of your business at full market value for our account.
Any sale or dealing shall be a sale or use of our Goods by you on your own behalf, so that you deal as principal and not as agent for us.
Until title to the Goods passes from us the entire proceeds of sale of the Goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
We shall be entitled to recover the price notwithstanding that property in any of the Goods has not passed from us.
If we ask you to return Goods unsold you must do so.
If, when asked, you fail to return the Goods, we may enter to your premises and repossess the Goods.
You must not pledge or in any way charge by way of security any of the Goods which are our property. Without prejudice to our other rights, if you do so, all money owing to us shall immediately become due and payable.
You must keep the Goods insured to their full value against ‘all risks' to our reasonable satisfaction until sold on by you.
If, when we ask, you fail to deliver to us a copy of your insurance policy covering risks to the Goods, all money owing by you to us shall immediately become due and payable.
While ever we have title to any of the Goods, which you have attached to or incorporated into new goods, then:
1. title to the new goods shall vest in us;
2. you shall hold such goods as bailee of and to the order of us until we have received payment in full.
3. all our rights in relation to the Goods (including our rights under this agreement) shall extend to such new goods.
You must promptly deliver the prescribed particulars of this contract to the Companies Registrar in accordance with the Companies Act 2006 Part 25as amended. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall immediately become due and payable.

12.Goods returned

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 Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
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 returns@cncworkshops.com 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 enclose details clearly stating the fault and when it arises or arose.
If we agree that the Goods are faulty, we will:
1. refund the cost of return carriage;
2. repair or replace the Goods at our discretion.
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.

13.Waste Electronic and Electrical Equipment Regulations 2013

These regulations provide that suppliers like high street shops and internet retailers must allow Consumers to return their waste equipment free of charge.
Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.
If you wish to take advantage of this service, you must return your waste item within 28 days of buying your new one. You must pay the carriage cost to us.

14.Security of Our Website

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.

15.Disclaimers

The law differs from one country to another. This paragraph applies so far as the applicable law allows.
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 sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
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.
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.
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.
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.
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.
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
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 sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

We make no representation or warranty and accept no responsibility in law for:

accuracy of any Content or the impression or effect it gives;
delivery of Content, material or any message;
privacy of any transmission;
any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
any aspect or characteristic of any goods or services advertised on Our Website;
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.
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.
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 [Products / Service] concerned.

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.

Nothing in this agreement excludes liability for a party's fraud.

16.Your account with us

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.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
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.

17.Indemnity

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.

18.Intellectual Property

Copyright works owned by you or a third party are unaffected by this agreement.
The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.
We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.

19.Dispute resolution

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 complaints@cncworkshops.com
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.

20.Miscellaneous matters

When we communicate with you we do so by email or via our social media/messaging platforms. You agree that these communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.
We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control,
In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.

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.