Website Terms and Conditions
Welcome to the Aragon Yarns website terms and conditions for use. These terms and conditions apply to the use of this website at www.aragonyarns.co.uk. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using the website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
Our contact details are as follows:
General email: email@example.com
Telephone number: +44 (0)1580 714400
Fax number +44 (0)1580 714400
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
Aragon Yarns makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice. If Aragon Yarns cannot supply the goods ordered by the Customer, Aragon Yarns reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Aragon Yarns in respect of that order. This shall be the sole remedy of the Customer in these circumstances.
Standard Payment Terms
Aragon Yarns' standard terms of payment are pay before delivery, and these terms will apply except in the case of transactions where different terms are agreed in writing.
Health and Safety
In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Aragon Yarns confirms that the goods it supplies as a distributor do not present a hazard to health and safety
(a) when properly used for the purpose for which they are designed; and
(b) if the Customer takes reasonable and normal precautions in their use.
3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
Goods and services are invoiced at the price prevailing at time of order.
Aragon Yarns reserves the right to modify the prices from time to time.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to firstname.lastname@example.org before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within 21 days of receipt for a full refund or exchange.
The costs of returning goods to us shall be borne by you. You must notify us in writing (letter or email) of your intention to return goods within seven days of delivery.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the event that the product has been used or is in not resaleable condition.
4.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to Aragon Yarns and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
The provisions of this clause 4.4 do not affect your statutory rights.
All written correspondence and packages should be addressed to:
Aragon Yarns is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, Aragon Yarns does not sell products on a trial basis. Customers are strongly advised to check suitability of products before ordering.
In the event that Aragon Yarns, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply), agrees to accept the return for credit of unwanted products, the goods must be returned with Aragon Yarns’ prior written agreement within 7 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of Aragon Yarns’ sale price for the goods.
5. DELIVERY, TITLE and RISK
5.1 Any time or date stated for delivery is an estimate only. Aragon Yarns makes every effort to dispatch goods on time, but does not accept liability for failure to deliver within the stated time.
5.2 If Aragon Yarns is unable to deliver the goods within 30 days of the date of the order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Aragon Yarns in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Aragon Yarn after the above date but before delivery of the goods or notification from Aragon Yarns that the goods are ready for delivery.
5.3 Aragon Yarns does not accept liability for shortages or damage to deliveries unless the Customer notifies Aragon Yarns of the shortage or damage in writing within 7 days of receipt of the delivery
5.4 The Customer has to accept the goods when they are ready for delivery. Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
5.5 Title in the goods does not pass to the Customer until payment is received in full by Aragon Yarns.
5.6 If the Customer cannot accept delivery, Aragon Yarns may at its option:
(a) store and insure the goods at the Customer's expense and risk or
(b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
(c) re-arrange delivery provided that Aragon Yarns may charge the Customer for the additional delivery costs incurred.
5.7 The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Aragon Yarns shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
Postage and Packaging
In the UK our goods are dispatched using First Class, for the rest of the world we use air mail.
Postage & packaging charges are automatically calculated based on the goods in your shopping basket and the delivery destination. For more details see Shipping Rates
6.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
6.3 Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.4 Any rights not expressly granted in these terms are reserved.
7. SERVICE ACCESS
7.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Aragon Yarns does not disclose buyers' information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option.
8. VISITOR MATERIAL AND CONDUCT
8.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.3 You may not misuse the Website (including, without limitation, by hacking).
8.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
9.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Aragon Yarns logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Aragon Yarns trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 9.2 for breach of these terms and to take any action we deem appropriate.
9.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.2.
10.1 Each registration on www.aragonyarns.co.uk is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
10.2 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
11.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
13. GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
13.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Nothing in these terms and conditions affects your statutory rights as a consumer.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorized Aragon Yarns official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party. The notice shall be deemed served (a) two working days after posting; or (b) upon receipt of a successful fax transmission report; or (c) after system confirmation of e-mail delivery.
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
Aragon Yarns may at its discretion record telephone transactions for staff training and quality control purposes. The tapes will be erased after review.
Aragon Yarns reserves the right to change or amend these terms and conditions at any time and without prior notice.