Terms & Conditions
Terms & Conditions
This website is operated by Robert Sorby (referred to as Turners Retreat/we/ours/us). As a user of this website, (referred to as you/your) you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions. Please read through these terms and conditions carefully before using this website.
1.1 We reserve the right to change these terms and conditions at any time. These, may reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority. Any such change will effect when posted on the website and is your responsibility to read the terms and conditions on each occasion you use this website. Your continued use of the website shall signify your acceptance by the latest terms and conditions.
1.2 The use of our site and any contracts formed are governed by English law.
1.3 All products are sold on the basis that they are for personal, domestic use only.
1.4 We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods.
1.5 Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence.
1.6 Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.
1.7 A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
1.8 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
1.9 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.
1.10 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.
1.11 These Terms and Conditions do not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
1.12 This contract is subject to laws of England and Wales and the non exclusive jurisdiction of the English courts.
2. Order Process
2.1 Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'Your Basket' and you will be asked for a few details that we need to be able to complete the order.
We accept Visa and MasterCard. If one or more of the items you have ordered is currently out of stock we will contact you and offer you further options.
2.2 When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
2.3 All prices are inclusive of VAT where applicable. This is subject to change in legislation.
Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you within 10 working days, we will treat your order as cancelled. We reserve the right to withdraw items from time to time. If the item you require is no longer available we will try to offer a suitable alternative where possible.
2.4 The information and advice contained in our sales documentation including any samples drawings descriptions or advertising issue and any descriptions or illustrations are for general guidance purposes only and do not form part of the contract between you and us or any other contract between you and us for the sale of goods. You are responsible for determining whether it applies to your particular situation. In particular, please read all manuals and safety instructions that may be provided with our Goods, and follow them carefully at all times
2.5 By placing an order with us, you confirm that you are over 18 years old and are legally capable of entering into binding contracts. We reserve the right at our sole discretion not to accept any order. Once your Order is accepted by us, a contract will come into force, on the terms and conditions shown here.
2.6 We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
3.1 If any of these Terms are inconsistent with an Order, the Terms shall prevail. We will try to deliver your Goods as soon as practicable. However occasionally delivery may be affected by factors outside our control and so cannot be guaranteed. You should let us know as soon as possible if you do not receive your Goods within 5 working days of placing your Order.
3.2 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries. Any dates quoted by us for delivery are estimates only. If we are unable to deliver your Goods within 28 days of your Order, you may cancel your Order and get a full refund for those goods.
3.3 All items are subject to stock availability.
3.4 When we deliver your items to you, you may be asked to sign for the goods to acknowledge that you have received them.
3.5 Shipping And Handling Carriage / Postage
Under £50 £5.25
£50.00 - £99.99 - £2.95
Over £100 - Free
Special delivery postage costs will be shown at the checkout alongside the standard delivery charge.
(b) Non UK
Carriage charges will be advised online where possible to do so. For all other orders / enquiries a delivery cost will be calculated and we will then contact you with the total cost and ask if you wish to proceed with an order. Please note: the weight of your order may be calculated using a volumetric weight calculation. Carriers use this to accommodate the cost of shipping larger / low weight products.
(c) Machinery - please call for delivery rates.
(d) Next Day Delivery
If you would like to take advantage of our Next Day Delivery service please do so at the checkout. If you would like your parcel there the next day orders must be placed before 1pm for guaranteed next day delivery. Orders placed before 1pm on Fridays will arrive the following Monday.
(e) Delivery Schedule
It is our aim to despatch your order within 24 hours of receipt. If for some reason this is not possible, and despatch is not likely to take place within a week, we will endeavour to contact you. Deliveries to England, Wales and Scotland (excluding Highlands and Islands) should be made in 3 to 5 working days. In the event of a delay or missing parcel, a re-despatch cannot be made until 14 working days after the date of despatch.
If you order machinery that exceeds our maximum courier weight we will inform you either by telephone or e-mail that there will be an additional postage cost.
4.1 We warrant that on delivery the Goods shall:
(a) conform in all material respects with their description, subject to any qualification or representation contained in the brochures, advertisements or other documentation;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition. These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
4.2 When you receive the Goods, you should check them as soon as possible, and let us know within 7 days of receipt if there are any problems. Please retain all packaging until you are satisfied with the Goods. You will be responsible for any loss or damage to the Goods which occurs after they have been delivered to you. Nothing in this clause shall prejudice the rights of the customer under this contract.
4.3 We will require payment of the price for the Goods in full before we despatch them unless we agree otherwise in writing with you.
4.4 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
5.1 Details of our delivery charges and methods of payment for the goods are shown in the relevant sections of these Terms and Conditions.
5.2 All the Goods that we supply will remain our property until you have paid for them in full, including all delivery charges. If you sell the Goods you agree to hold the sale proceeds upon trust for us until you have paid us for them in full.
5.3 If you do not pay us we may suspend or cancel any outstanding orders until you have paid the outstanding amounts without limiting any of the remedies we may have.
5.4 Every effort is made to ensure that our prices and descriptions are accurate at the time of going to press. If an error is found or if manufacturers' prices or products change, we will inform you as soon as possible and offer you the option of cancelling your Order or reconfirming your order with the revised price or product. We are under no obligation to provide Goods to you at an incorrect (lower) price if the pricing error is obvious and could reasonably have been recognised by you as a pricing error. Where indicated VAT is quoted at the prevailing rate at the time of dispatch of the Goods and may be subject to change without notice in line with government legislation.
6 Intellectual Property & Copyright
6.1 We are the owners of the license of all intellectual property (including text images, illustrations, trademarks, graphics and devices) in our website, and catalogue and any correspondence entered into from us to you. These are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 Any correspondence is personal between us and you, and is confidential and must be treated as such. This means it must not be published or distributed either in its entirety, part or in summary form without prior written consent. Failure to observe this obligation may result in us taking action against you to prevent further breaches. The parties acknowledge that limiting our recourse to damages is probably inadequate.
6.3 We are the operators of this website, and the contents of it are either our property (or that of our affiliated companies) or are used under licence from our suppliers. We are the owners of the compilation of information in this website.
6.4 Our rights, and those of our affiliates and suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions.
6.5 We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our (or our affiliates) product offer(s), ordering goods or services from us (or our affiliates), or obtaining contact information for us (or our affiliates).
6.6 Your licence to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us (or our affiliates).
6.7 You are expressly not permitted to download any part of our site (other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage.
6.8 You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our (or our affiliates) suppliers interests, but you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link.
7 Cancellation Rights
7.1 If you are buying Goods from us for the purposes of your trade, business or profession and you are not classified as a consumer under UK consumer protection legislation, clause 7.2 does not apply to you. In addition, we are not liable for any consequential loss and subject to clause 22 our maximum liability shall be limited to the price of the Goods.
7.2 If you are a consumer resident outside the United Kingdom or with a delivery address outside the UK, clause 19 relating to Returns Policy does not apply to you. We will supply you with separate terms relating to export sales.
7.3 If you are dealing as a Consumer, and have placed your order over the internet by phone or from our catalogue, you can cancel your order for any reason and get a full refund at any time before you receive the Goods, or the end of 7 working days after the day you receive the Goods. A working day is any day other than weekends and public holidays. To cancel your order you should write to us within that time to the address in clause 1 of these conditions.
7.4 If you have already received the Goods:
(a) you can only exercise this right to cancel your order if the Goods are still in a re-saleable condition and you have retained the packaging;
(b) you must return the Goods to us at your own cost and risk to the address in clause 1 of these conditions (unless we are at fault, in which case we will arrange collection);
(c) you must take care to ensure the Goods are not used or damaged in the meantime;
(d) if you do not return the Goods as required, we may charge you the costs of recovering them ourselves.
7.5 This right to cancel your order does not apply to audio or video recordings or computer software which has been unsealed or Goods which have been made to your specifications or are clearly personalised or are liable to deteriorate or expire rapidly or which by their very nature cannot be returned.
7.6 You may return Goods for a credit or to exchange strictly in accordance with our published Returns Policy. In the event of a conflict between these terms and conditions and the Returns Policy, these terms and conditions shall prevail.
8 Returns and refunds
Please make sure that you check your items carefully before they are used. We also recommend that you keep your receipt or order number, which can be found on your order confirmation or on the delivery packaging, as you might need it as proof of purchase in the event of any after-sales queries
8.1 Change of mind…Within 30 days
Most things we sell are covered by our 30-day money-back guarantee, so just return them to us unused, in their original undamaged packaging, in a saleable condition, with your receipt and we’ll give you a refund.
If you don't have your receipt, as long as you have a proof of purchase* we'll exchange the item or give you a refund with vouchers.
If you'd like to return something we've delivered, just call us on 01302 744344 and we'll collect it for free. Your order number will count as your receipt.
Please note all DVD’s are excluded from the 30 day money back guarantee if the plastic wrapping has been unsealed – this does not affect your statutory rights.
Our 30-day money-back guarantee does not affect your statutory rights.
8.2 If there's a fault with the product...
If you bring it back to us within 30 days with your proof of purchase*, we'll give you a
replacement or a refund.
9 Distance Selling Regulations
9.1 If you have ordered by telephone or internet, under the Distance Selling Regulations, you have a statutory right to cancel your order and receive a full refund for any home delivery item (excluding those ordered in-store). This does not apply to items personalised or made to your specification; audio/video recordings or DVD’s that you have unsealed; items that due to their nature cannot be returned; perishable goods (e.g. periodicals/magazines).
9.2 To cancel, you can email us at email@example.com, call 01302 744344 or write to us at the address given at the bottom of these Terms and Conditions within seven working days (not including Saturdays, Sundays or public holidays) commencing the day after the day of delivery of your item(s), quoting your order number. You must take reasonable care of the item(s).
9.3 item(s) may be returned to our store or we can arrange collection free of charge.
10 The Turners Retreat Gift Voucher
The Turners Retreat Gift Voucher may only be used to purchase goods and services from The Company in accordance with these Terms and Conditions and specifically:
(a) cannot be exchanged for cash, no change or refund will be given for purchases made with this card, and
(b) it will automatically expire 12 months after the last time that you use it to make a purchase or check your balance, any outstanding balance will be deducted, and
(c) you must treat this card as cash. Turners Retreat will not accept any liability for lost, stolen or damaged cards and will not replace any cards under any circumstances, and
(d) Gift Vouchers can be used to purchase goods and services in-store at Turners Retreat, online at www.turners-retreat.co.uk or by mail order on 01302 744344.
11 Our Liability to You
11.1 We will not be liable for any delay in delivering the Goods which is due to events or circumstances beyond our reasonable control or for any business losses. We are not responsible for any losses that result from our failure to comply with these terms including but not limited to
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) waste of time.
9.2 Any commentary, advice or other materials published or distributed by us (for example but not limited to responses to email questions or message boards) are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from reliance placed on such materials by you or anyone informed of such.
12 Data Protection
12.1 We use industry leading secure server technology that implements Secure Socket Layering (SSL) to protect your details and assist your shopping experience. SSL is the industry standard for encryption and enables millions of secure online transactions every day
12.2 We will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
12.3 Turners Retreat do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
13 Company Details
The Turners Retreat website is operated by:
Robert Sorby Ltd trading as Turners Retreat
Unit 2 Faraday Close
E-mail : firstname.lastname@example.org
Registered in England. Company Number 3464018
VAT Number 172 4019 84