Terms & Conditions

Terms of use and supply

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.babette-cole.co.uk (our site) and the terms of supply when purchasing items from the shop. Please read these terms of use and supply carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Your status

By placing an order through our shop, you warrant that:

  • You are at least 18 years old and
  • All information supplied to us is accurate and complete

How the contract is formed between you and us

  • After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  This does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched.  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
  • The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Consumer rights

  • You may cancel a Contract at any time within fourteen working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in below).
  • To cancel a Contract, you must inform us in writing or by email. You must also return the Products to the address for returns as soon as reasonably practicable, and at your own cost.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
  • You will not have any right to cancel a Contract for the supply of any of the following Products:
    • Products made to your own specification, personalised or where you have requested a specific dedication to be applied to the products;
    • CDs, DVDs, computer software and other audio or video recordings that you have unsealed.

Availability and delivery

  • We reserve the right not to accept orders from addresses to which our delivery partners will not deliver.  We will notify you by email if this is the case.
  • Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, depending on the location of the delivery address, unless there are exceptional circumstances.
  • Please allow up to 28 days for delivery in all cases.
  • If we are unable to fulfil an order for a out of print,  limited edition or rare Products due to lack of availability then we will contact you to find out what you would like to do.
  • You are required to unpack the Product immediately upon receipt to check that the Product is not damaged or defective.

Risk and title

  •  The Products will be your responsibility from the time of delivery.
  • Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Price and payment

  • The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error.
  • Product prices include VAT.
  • Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
  • Despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
  • If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
  • Payment for all Products must be via PayPal. PayPal also accepts all major credit cards except American Express and Discover.

Our refunds policy

  • We are unable to exchange items that are not damaged, defective or incorrect. All items must be returned in the condition that they were supplied at the time of purchase.
  • If the item was damaged in transit or if the item is faulty beyond that which may have been detailed at the time of purchase, please contact us through support and you can return the item(s) to us within 14 days of receipt for exchange. In the case of any item whereby there is no equal replacement (eg. original artwork) we will issue a full refund inclusive of outbound shipping costs.
  • You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-­refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
  • As soon as you find out we’ve sent you an incorrect item, contact us via orders@babette-cole.com and we’ll send you the correct item as soon as we can at no extra charge.
  • Please return all items to:
    Babette Cole
    Old Wincombe  Farm
    Wincombe Lane
    Shaftesbury
    Dorset
    SP78QF
  • Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
  • In the event of us sending you a replacement for a damaged, defective or incorrect item, you must return the item within 14 days. We reserve the right to charge the price of the replacement item to the payment card used for the original order if you do not return the original item to us within 14 days.

Warranty

  • We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

Import duty

  • If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.
  • Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

Written communications

  • Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

Events outside of our control

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
  • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    • strikes, lock-outs or other industrial action;
    • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    • impossibility of the use of public or private telecommunications networks;
    • the acts, decrees, legislation, regulations or restrictions of any government; and
    • pandemic or epidemic.
  • Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Severability

  • If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Entire agreement

  • We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

Our right to vary these terms and conditions

  • We have the right to revise and amend these terms and conditions from time to time to 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 and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction

  • Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Third party rights

  • A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

Intellectual property rights

Babette Cole is the owner or the licensee of all intellectual property rights in our site, and in text, images, data and other information published on it (collectively the “materials”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

The materials can be viewed for your enjoyment and so you may freely access the site for the sole purpose of viewing, interacting or listening to them or placing an order.

However, unless expressly provided otherwise in these terms of website use or elsewhere on the site, the following acts are prohibited in respect of any of the materials featured on the site:

  • Public performance or display.
  • Any rental, leasing or lending of any material obtained or derived from the site.
  • Any form of reproduction or copying whatsoever, including without limitation, the extraction and/or storage in any retrieval system or inclusion in any other computer program or work.
  • Any reproduction or copying whatsoever of details, alterations and adaptations of works.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Your liability

Where you are in breach of the terms of use regarding our intellectual property or trade marks, this will be a serious breach and you must pay us any losses and costs we suffer because of your breach of these terms and, if appropriate, account to us for any income, profit or benefit obtained by you arising from your breach, including but not limited to our reasonable legal costs.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to babette@babette-cole.com.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. Your concerns If you have any concerns about material which appears on our site, please contact babette@babette-cole.com.

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