Terms & Conditions
These Terms & Conditions (together with our Privacy Policy) give you information about us, your use of our website (our site), and the legal terms and conditions (Terms) on which we sell any of the goods (Goods) listed on our site to you.
These Terms will apply to any contract between us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Goods from our site. Please note that before placing an order you will be asked to agree to these Terms.
If you refuse to accept these Terms, you will not be able to order any Goods from our site. You should print a copy of these Terms for future reference.
We amend these Terms from time to time. Every time you wish to visit our site or order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1. We operate the website www.vikwestaway.co.uk (our site). We are Coach House Arts Limited, a company registered in England and Wales under company number 06148887 with our registered office at 35 Richmond Road Taunton England TA11EN 77A. Our main trading address is Gidley Coach House, St. John Court, Cullompton, Devon.
2. We only use your personal information in accordance our Privacy Policy
3. To contact us, please see our Contact Us page.
2. Our Goods
1. The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. As most of our goods are woven using natural materials, such as willow and wood, colour variation is highly likely at different times of the year.
2. Although we have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
3. The packaging of the Goods may vary from that shown on images on our site.
4. All Goods shown on our site are subject to availability. The vast majority of items are made to order. We will inform you by e-mail or telephone as soon as possible if the Goods you have ordered are not able to be made in time and we will not process your order.
5. If you are a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
3. If you are a consumer
4. This clause only applies if you are a consumer.
1. If you are a consumer, you may only purchase Goods from our site if you are at least 18 years old.
2. Delivery of the Goods can only be made to someone over the age of 18 years old.
5. If you are a business customer
6. This clause only applies if you are a business.
1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.
2. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document expressly referred to in them.
7. How the contract is formed between you and us
1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order.
2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. Your order will then start to be made and cannot be cancelled
3. Due to the nature of Goods detailed on this site, unless an item is faulty it cannot be returned
4. If we are unable to supply you with the Goods, we will inform you of this by e-mail or telephone and we will not process your order.
8. Your consumer right of return and refund
9. This clause only applies if you are a consumer.
1. If you have returned the Goods to us under this clause because they are faulty or mis-described, we will refund the price of the defective Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
2. We will refund you on the credit card or debit card used by you to pay. If you did not pay by credit or debit card we will refund you in the manner in which you originally paid i.e. PayPal account, cheque or cash.
3. If the Goods were delivered to you:
4. (a) you must return the Goods to us as soon as reasonably practicable;
5. (b) unless the Goods are faulty or not as described, you will be responsible for the cost of returning the Goods to us;
6. (c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
10. Delivery
1. Your order will be fulfilled by the estimated delivery date set out in communications with you, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
2. Delivery will be completed when we deliver the Goods to the address you gave us.
3. The Goods will be your responsibility from the completion of delivery.
4. You own the Goods once we have delivered the Goods and received payment in full, including all applicable delivery charges.
5. Delivery of the Goods can only be made to someone over the age of 18 years old.
6. Unless otherwise advised by us, items are sent by a third party courier and will need to be signed for by someone over 18 years old. If you are not going to be in you can ask us to leave Special Instructions for the courier on despatch and/or you can leave signed instructions for the driver with alternative arrangements. Please note this is at your own risk and delivery will be deemed to have been completed. Alternatively you can contact the courier using the details provided in the Despatch Confirmation and quote your consignment number to provide further instruction. Failure to do either of these will incur additional re-delivery charges.
7. Request for specific delivery date orders
8. It may be possible to request delivery for a specific date. Coach House Arts ltd will endeavour to make this happen but it cannot be guaranteed. Coach House Arts ltd will not entertain any claim whatsoever for compensation arising from late delivery due to a third party carrier.
9. Late deliveries. We or our carriers will always try to arrive on time, but will not be held responsible for late arrival due to unforeseen circumstances.
10. Short deliveries & damage to packaging. When the delivering carrier brings your order you MUST count the pieces you receive and look for any damage to the packaging. The number of items you should receive is noted on the carrier’s delivery note. If the number of items you receive does not exactly match the number of pieces on the carrier’s delivery note, you MUST note the number of pieces you received on the delivery note by your signature. Damage to packaging MUST be noted on the delivery note next to your signature. You must cross out “Delivered in good condition” from the carrier’s delivery note. It is very important to check your order. A signature is an acceptance that you have received the whole order & that the packaging was in good condition.
11. Price of Goods and delivery charges
1. Prices for our Goods may change from time to time, but changes will not affect any order which has been confirmed .
12. How to pay
1. Secure on-line payment using our shopping cart for credit and debit cards and Apple Pay.
2. Payment for the Goods and all applicable delivery charges is in advance. If you commission a piece which isn’t part of our shop items ordered online, by telephone or by e-mail, we will prepare you an invoice which can be paid by BACS.
3. We do not accept any liability for any charges levied by your bank/card issuer whatsoever irrespective of your chosen payment method.
13. Our Warranty for the Goods
1. All our Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 10.2.
2. The warranty in clause 10.1 does not apply to any defect in the Goods arising from:
3. (a) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
4. (b) any alteration or repair by you or by a third party; or
5. (c) any specification provided by you.
6. If you are a consumer, this warranty is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
14. Our liability if you are a business
15. This clause only applies if you are a business customer.
1. Nothing in these Terms limit or exclude our liability for:
2. (a) death or personal injury caused by our negligence;
3. (b) fraud or fraudulent misrepresentation;
4. (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
5. (d) defective Goods under the Consumer Protection Act 1987.
6. Subject to clause 11.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
7. (a) any loss of profits, sales, business, or revenue;
8. (b) loss or corruption of data, information or software;
9. (c) loss of business opportunity;
10. (d) loss of anticipated savings;
11. (e) loss of goodwill; or
12. (f) any indirect or consequential loss.
13. Subject to clause 11.1 and clause 11.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the price of the Goods.
14. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
16. Our liability if you are a consumer
17. This clause only applies if you are a consumer.
1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
2. You agree not to use the Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. We do not in any way exclude or limit our liability for:
4. (a) death or personal injury caused by our negligence;
5. (b) fraud or fraudulent misrepresentation;
6. (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
7. (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
8. (e) defective Goods under the Consumer Protection Act 1987.
18. Events outside our control
1. 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
4. (a) we will contact you as soon as reasonably possible to notify you; and
5. (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19. Communications between us
1. When we refer, in these Terms, to “in writing”, this will include e-mail.
2. If you are a consumer, to cancel a Contract in accordance with your legal right to do so, you must contact us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. Data protection
1. Any personal information supplied to us in the course of performing this contract will be stored, used and maintained only in accordance with our Privacy Policy.
21. Other important terms
1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
7. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales