Terms & Conditions

As we can accept your Order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with, continuing with a purchase confirms acceptance of these terms.

 

Application

1. These Terms and Conditions will apply to the purchase of the Goods by you (the Customer or you). We are West Coast Designs of South Strand, Fleetwood, Lancashire, FY7 8RL with email address sales@westcoastdesigns.co.uk; (the Supplier or us or we).

 

2. These are the terms on which we sell all Goods to you.

By ordering and submitting payment for any of the Goods, you agree to be bound by these Terms and Conditions.

You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

 

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

 

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

 

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as specified by the consumer and as set out in the Order;

 

6. Goods means any Goods that we supply to you, of the number and description as set out in the Order;

 

7. Order means the Customer's Order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

 

8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the webiste or via email;

 

9. Website means our website www.westcoastdesigns.co.uk on which the Goods are advertised.

 

Services

10. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement.

Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.

 

11. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

 

12. All Goods which appear on the Website are subject to availability.

 

13. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Personal information

14. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this, you may ask us in writing either by post or email to stop all such communications at any point.

 

Basis of Sale

15. The description of the Goods in our website does not constitute a contractual offer to sell the Goods.

When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

 

16. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order.

It is your responsibility to check that you have used the ordering process correctly.

 

17. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation).

You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors.

We are not responsible for any inaccuracies in the Order placed by you.

By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation).

You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

 

18. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

 

Fees and Payment

19. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.

 

20. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

We do not store any card details.

You can pay over the phone using credit or debit card, if you wish us to take card payment over the phone you must provide us with a telephone number, we will call you as soon as is practical, you can also pay using PayPal.

 

Delivery

21. We will deliver the Goods, to the requested Delivery Location.

As Goods are custom made to order we do not hold items in stock, therefore there may rarely be a delay in making your Order during exceptionally busy periods, in this case you will be notified of estimated date of completion.

You will have the right to cancel your Order should any such delay be over 30 days.

 

22. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands.

If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

Please contact us if you wish to order and are not in the UK.

 

23. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

 

24. The Goods will become your responsibility from the completion of delivery or Customer collection.

You must examine the Goods before accepting them, should the packaging or item appear to be damaged do not sign to accept the Goods.

 

Risk and Title

25. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

 

26. You do not own the Goods until we have received payment in full.

If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Withdrawal and cancellation

27. You can withdraw the Order by telling us before the payment is made.

 

28. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.

These Cancellation Rights, however, do not apply, to a contract for the following Goods and services (with no others) in the following circumstances:

a. Goods that are made to order to your specifications or are clearly personalised;

b. Goods which are liable to deteriorate or expire rapidly.

 

Right to cancel

29. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason with the exception of personalised or customised Goods.

 

30. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods.

 

31. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email).

In any event, you must be able to show clear evidence of when the cancellation was made, therefore a telephone call is not sufficient to make cancellations.

 

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

 

Effects of cancellation in the cancellation period

33. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you.

 

Deduction for Goods supplied

34. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop).

This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

 

Timing of reimbursement

35. We will make the reimbursement without undue delay, and not later than:

a. 14 days after the day we receive back from you any Goods supplied, or

b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

 

36. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

 

Returning Goods

37. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract.

The deadline is met if you send back the Goods before the period of 14 days has expired.

You agree that you will have to bear the cost of returning the Goods.

We must be provided with tracking code for any items being returned.

 

38. For the purposes of these Cancellation Rights, these words have the following meanings:

a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of Goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both Goods and services as its object.

 

Conformity

39. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

a. be of satisfactory quality;

b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c. conform to their description.

 

40. It is not a failure to conform if the failure has its origin in your materials.

 

Duration, termination and suspension

41. The Contract continues as long as it takes us to provide the Goods.

42. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

b. is subject to any step towards its bankruptcy or liquidation.

 

43. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

 

Successors and our sub-contractors

44. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract.

The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

Circumstances beyond the control of either party

45. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel).

 

Excluding liability

46. The Supplier does not exclude liability for:

(i) any fraudulent act or omission; or

(ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations.

Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was made.

 

Governing law, jurisdiction and complaints

47. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

 

48. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.