TERMS & CONDITIONS
Jackdaw Home is the trading name of Denise Adam of
4 Poundsbridge Cottages, Poundsbridge, Kent TN11 8AP.
Your use of this website and any order you place
through this website are subject to these terms of business.
2. SALE OF GOODS
a. These terms and the
order constitute the whole agreement between you and us for the sale of the
goods. Any amendments thereto must be confirmed in writing. Please ensure that
you are happy with these terms before you submit the order, because you will be
bound by the terms once a contract comes into existence between us.
b. Any photographs,
samples, drawings, descriptions or advertising we issue, and any colours,
images or illustrations, are offered solely to provide you with an approximate
idea of the goods they describe. They do not form part of the contract between
you and us for the sale of the goods.
c. If any of these
terms are inconsistent with any term of or instruction in the order, the terms
in the order shall prevail.
d. The order is an
offer by you to enter into a binding contract which we may accept or decline at
our absolute discretion.
e. These terms shall
become binding on you and us when we issue you with an order confirmation, at
which point a contract shall come into existence between us.
f. If you are a
consumer (acting outside your business), you may cancel your order in accordance
with your rights under the Distance Selling Regulations.
g. We have the right
to revise and amend these terms from time to time. You will be subject to the
terms in force at the time that you order the goods from us, unless any change
to these terms is required by law or government or regulatory authority (in
which case, it will apply to orders you have previously placed that we have not
3. THE GOODS
a. These terms do not
affect your legal rights. Advice about your legal rights is available from your
local Citizens' Advice Bureau or Trading Standards Office.
b. We endeavour to
describe all items as fully as possible, to the best of our knowledge,
providing as much history, age and detail as is known to us together with a full
description of any discernible defects or faults. However, it should be noted
that the items that we are selling are antique or vintage items and, as such,
may in some cases have some age-related wear. Items that are manufactured some
time ago often have marks, dents, variations of surface texture, re-polished
surfaces, minor scratches or losses, sympathetic replacements, retouching,
relining, and other issues naturally associated with use and age which form a
part of the appearance and nature of a vintage item. We aim to ensure that the
condition of any item is as reasonable as possible given its age and nature,
and would not offer for sale any item that is not substantially complete or in
a minimum acceptable condition for display or use. Substantial damage or
extensive restoration or changes or losses to the item beyond this will be
stated in our item descriptions. However, small signs of wear are normal and
appropriate to the authenticity of vintage goods. By placing an order, you are
deemed to acknowledge the vintage nature of the goods we are selling.
c. We will take all
reasonable steps to pack the goods properly and to ensure that you receive your
order in good condition.
d. We shall not be
liable for any defect in the goods arising from wear and tear, wilful damage,
accident and/or negligence by you or any third party, if you use the goods in a
way that we or the manufacturers do not recommend, you fail to follow the
manufacturer’s and/or our instructions, or due to any alteration or repair you
carry out without our prior written approval.
4. HEALTH AND SAFETY
a. The goods we sell
are vintage products which were manufactured before current health and safety
standards. All sales of such goods are sold as collector's items only. We do not
guarantee or imply any guarantee of compliance with health and safety standards
or fitness for any purpose. All original vintage products are clearly marked as
such in the product description with an approximate date of manufacture.
b. In particular,
while they may be perfectly safe for use, vintage electrical goods may not meet
current UK standards. We recommend that all electrical goods are inspected,
tested, certified and installed by a qualified electrician. We also recommend
that vintage electrical goods are protected by a residual current device ("RCD"). We will not
be liable for any loss, injury or death caused by electrical goods that have
not been inspected, tested and certified by a qualified electrician.
a. For small items
capable of being shipped by Royal Mail or other courier, we will aim to ship
your order within 5 working days of it being placed. For larger items requiring a courier, we will
aim to ship your order within 14 working days of it being placed.
b. If you have not
taken delivery of the goods within 28 days of our notifying you that they are
ready, we may, after giving you reasonable prior notice in writing, resell or
otherwise dispose of part or all of the goods and, after deducting reasonable
storage and selling costs, pay you for any excess over the price of the goods
or charge you for any shortfall below their price.
c. If we are not able
to deliver the whole of the order at one time due to operational reasons or
shortage of stock, we will deliver the order in instalments. We will not charge
you extra delivery costs for this. If you ask us to deliver the order in
instalments, we may charge you extra delivery costs. Each instalment shall
constitute a separate contract. If we are late delivering an instalment or one
instalment is faulty, that will not entitle you to cancel any other instalment.
d. For large items, we
can recommend a delivery service for the goods. We ask that you pay the courier
or shippers direct and that you communicate directly with them once the goods
have left our premises. Alternatively, you are welcome to arrange a courier
yourself or collect the item from us.
e. All smaller items
sent by us via courier companies or Royal Mail will be fully insured against
loss or damage. This cost is included in the shipping cost. Items picked up by
your own delivery companies or sent by third party delivery services
recommended by us are not covered by us. They should all have their own
insurance but for the avoidance of doubt please confirm this with them.
f. We are happy for
you to arrange collection of items personally. Unless we have agreed
otherwise, orders not collected within 28 days will incur storage fees at
a rate of £15 per week. The same fees will be applied where third party delivery
is delayed, unless there has been prior agreement to the contrary.
For items bought online, the following terms apply:
a. If you are a consumer, you have a legal right to
cancel a contact during the period set out below in clause 6b. This means that
during the relevant period if you change your mind or decide for any other
reason that you do not want to receive or keep an item, you can notify us of
your decision to cancel the Contract and receive a refund. Advice about your
legal right to cancel the Contract is available from your local Citizens'
Advice Bureau or Trading Standards office.
b. Your legal right to cancel a contract starts from the date of the
Dispatch Confirmation (the date on which we e-mail you to confirm our
acceptance of your order), which is when the Contract between us is formed.
Your deadline for cancelling the contract is the end of 14 days after the day
on which you receive the item.
c. To cancel a contract, you just need to let us know
that you have decided to cancel. The easiest way to do this is to email us at
email@example.com. If you use this method we will e-mail you to
confirm we have received your cancellation. Please include details of
your order to help us to identify it. If you send us your cancellation notice
by e-mail or by post, then your cancellation is effective from the date you
send us the e-mail or post the letter to us.
d. If you cancel your contract we will:
i. refund you the
price you paid for the items. However, please note we are permitted by law to
reduce your refund to reflect any reduction in the value of the goods, if this
has been caused by your handling them in a way which would not be permitted in
a shop. If we refund you the price paid before we are able to inspect the goods
and later discover you have handled them in an unacceptable way, you must pay
us an appropriate amount.
ii. refund any delivery
costs you have paid, although, as permitted by law, the maximum refund will be
the costs of delivery by the least expensive delivery method we offer (provided
that this is a common and generally acceptable method). For example, if we
offer delivery of an item within 3-5 days at one cost but you choose to have
the item delivered within 24 hours at a higher cost, then we will only refund
what you would have paid for the cheaper delivery option.
iii. make any refunds
due to you as soon as possible and in any event within the deadlines indicated
1. if you have received the item and we have not
offered to collect it from you: 14 days after the day on which we receive the
item back from you or, if earlier, the day on which you provide us with
evidence that you have sent the item back to us.
2. if you have not received the item or you have
received it and we have offered to collect it from you: 14 days after you
inform us of your decision to cancel the contract.
e. If you have returned the items to us under this clause 6 because they
are faulty or mis-described, we will refund the price of the items in full,
together with any applicable delivery charges, and any reasonable costs you
incur in returning the item to us.
f. We will refund you by the method used
by you to pay.
g. If an item has been delivered to you before you decide to cancel your
i. then you must
return it to us without undue delay and in any event not later than 14 days
after the day on which you let us know that you wish to cancel the contract.
You can send it back to 4 Poundsbridge Cottages, Poundsbridge, Kent TN11 8AP.
ii. unless the item is
faulty or not as described, you will be responsible for the cost of returning
the item to us.
h. Because you are a consumer, we are under a legal
duty to supply items that are in conformity with this contract. As a consumer,
you have legal rights in relation to items that are faulty or not as described.
These legal rights are not affected by your right of return and refund in this
clause 6 or anything else in these Terms. Advice about your legal rights is
available from your local Citizens' Advice Bureau or Trading Standards office.
F O R I T E M S B O U G H T I N P E R S O N T H E F O L L O W I N G T E R M S A P P L Y:
i. Refunds will not be made, but exchanges can be made to the same value of the returned product, or vouchers to the same value provided.
7. TITLE AND RISK
a. For small items
capable of being shipped by courier, the goods will be your responsibility from
the time you take delivery of them.
b. For freight items
sent via third party delivery services, the goods will cease to be our
responsibility from the time they leave our premises.
c. Ownership of the
goods will only pass to you when we receive payment in full of all sums due for
the goods, including delivery charges.
8. PRICING AND AVAILABILITY
a. The price of the
goods will be as set out on our website at the time we confirm your order.
Prices are liable to change at any time, but price changes will not affect
orders that we have confirmed in writing.
b. We reserve the
right to withdraw any products from this website at any time and/or remove or
edit any materials or content on this website. We may refuse to process a
transaction for any reason or refuse service to anyone at any time at our sole
discretion. We will not be liable to you or any third party by reason of our
withdrawing any product from this website whether or not that product has been
sold, removing or editing any materials or content on the website, refusing to
process a transaction or unwinding or suspending any transaction after
processing has begun.
c. For the avoidance
of doubt, in the event of a pricing error, we are not obliged to provide the
goods to you at any incorrect (lower) price.
d. These prices
exclude delivery costs, which will be added to the total amount due. For the
avoidance of doubt, we will not be liable for any export or import duties,
taxes etc. arising as a result of the goods being sent to a destination outside
the United Kingdom.
Payment for all goods must be made in advance at
the time of ordering. We accept payment by bank transfer and PayPal.
10. LIMITATION OF LIABILITY
a. Subject to clause
(b) below, if either of us fails to comply with these terms, neither of us
shall be responsible for any losses that the other suffers as a result, except
for those losses which are a foreseeable consequence of the failure to comply
with these terms.
b. Neither of us shall
be responsible for losses that result from our failure to comply with these
terms including, but not limited to, loss of income or revenue, loss of
business, loss of anticipated savings, loss of data and/or any waste of time.
However, this shall not prevent claims for foreseeable loss of, or damage to,
your physical property.
c. This clause does
not include or limit in any way our liability for death or personal injury
caused by our negligence, fraud or fraudulent misrepresentation, any breach of
the obligations implied by section 12 of the Sale of Goods Act 1979 or section
2 of the Supply of Goods and Services Act 1982, losses for which it is
prohibited by section 7 of the Consumer Protection Act 1987 to limit liability
or any other matter for which it would be illegal or unlawful for us to exclude
or attempt to exclude our liability.
d. Save as provided in
clause (c) above, our liability to you under these terms will not exceed the
total value of the order.
11. EVENTS OUTSIDE OUR CONTROL
a. We will not be
liable or responsible for any failure to perform, or delay in performance of
any of our obligations under these terms that is caused by events outside our
reasonable control. This shall include (without limitation) any act, event,
non-occurrence, omission or accident beyond our reasonable control such as
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 or failure by our suppliers to supply the goods to
us which are required to fulfil your order.
b. Our obligations
under these terms are suspended for the period that any such event continues,
and we will have an extension of time to perform these obligations for the
duration of that period. We will take reasonable steps to find a solution by
which our obligations under these terms can be performed despite the event
outside our control. If we have been unable to resolve any such event within 3 months we shall be entitled to cancel your order without penalty save
for refunding to you the purchase price you have paid.
You may not transfer any of your rights or
obligations under these terms to another person without our prior written
consent, which we will not withhold unreasonably. We can transfer all or any of
our rights and obligations under these terms to another organisation, but this
will not affect your rights under these terms.
All notices sent by you to us must be sent to the
email addresses as set out on this website. We may give notice to you at either
the e-mail or postal address you provide to us in the order. Notice will be
deemed received and properly served on you 24 hours after an e-mail is sent or
3 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 the
letter was properly addressed, stamped and placed in the post and, in the case
of an e-mail that the e-mail was sent to the specified e-mail address of the
a. If any court or
competent authority decides that any of the provisions of these terms and/or
the order are invalid, unlawful or unenforceable to any extent, that 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.
b. If we fail, at any
time while these terms are in force, to insist that you perform any of your
obligations under these terms, or if we do not exercise any of our rights or
remedies under these terms, that will not mean that we have waived such rights
or remedies and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, that will not mean that we will automatically
waive any subsequent default by you. No waiver by us of any of these terms
shall be effective unless we expressly say that it is a waiver and we tell you
so in writing.
c. If you are under
18, you may only use our website and submit an order under the supervision of a
parent or guardian.
d. These terms shall
be governed by English law and we both agree to the non-exclusive jurisdiction
of the courts of England and Wales.
1. YOUR DATA
a. If you decide to
buy from us, you will be required to register with us at the checkout area of
our site. At this point we do collect personal information about you. This
information can identify you and includes details such as your name, mail
address and email address. It is used to fulfil orders or to respond to
enquiries. This information is passed from your browser to our secure server
using 128-bit encryption technology which is the highest level possible. The
information is held in our secure database.
b. We may contact you
either by post, email or telephone following up on any issues with an order or
to answer any questions you may have. We will not send you any marketing or
promotional emails unless you agree to it, when registering with the site. We
will not pass on your e-mail address to any other company.
2. DATA PROTECTION ACT
Our data collection and storage is governed by the
rules of the UK Data Protection Act 1998 and associated legislation.
3. THIRD PARTIES
a. By accepting these
terms you confirm that you are happy for us to disclose your personal
information to third parties who perform functions on our behalf such as
shipping, fulfilling orders, processing payments, carrying out promotional
services or data management. We will only provide these companies with the
information which they need to carry out their services and they will not be
permitted to use the information for other purposes.
b. You also
acknowledge and agree that in certain circumstances we may be obliged to
disclose personal information relating to you to third parties, for example, in
order to conform to any requirements of law or to comply with any legal
process, to prevent and detect fraud and to protect and defend our rights and
a. Many websites store
information in a small text file, called a cookie, which is kept on your
computer’s hard drive. On our web site we use this facility only to store information
about the products you are interested in, so when you add a product to your
basket we remember this information with a cookie.
b. We do not store
your personal information through cookies or any of your payment information so
if you come back to the site at another time, the site will still have your
basket information but not any of your personal information.
c. You do have the
facility to switch off your cookie, however this means that you will have
problems adding products to your basket.
5. CHANGES TO DATA PROTECTION
If we change our terms governing data protection,
we will post these changes to the website so users are aware of what
information we collect. If you have any queries or concerns please do contact