1 Definitions

“You” or “User” means the person accessing our Digital Services which include our website and our software and web-based applications. “Buyer” means the person whose order for the Goods is accepted by the Seller. “Goods” means the goods (including instalment of the goods or any parts for them) which the Seller is to supply in accordance with the Conditions. “Seller” or “English Country Life” or “we” or “us” or “our” means English Country Life Partnership. “Terms of Service” or “Terms of Use” or “Terms” or “Conditions” means the terms and conditions set out in this document. “Contract” means the contract for the sale and purchase of Goods.

2 Digital Services

2.1 Introduction

This website is operated by English Country Life Partnership. English Country Life offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you use our Digital Services on behalf of a company, organisation or other entity, then

you includes you and that company, organisation or other entity, and
(ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to these Terms of Use, and that you agree to these Terms of Use on behalf of yourself and the company, organisation or other entity.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We will use your personal information that we collect through our Digital Services in accordance with our Privacy Policy.

We reserve the right to change these Terms of Use from time to time without prior notice by changing them on our Website. The Terms of Use applicable to your use of our Digital Services will be those in force at the time you access the Digital Services. Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2.2 Accessing our Digital Services

We do not guarantee that the Digital Services will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Digital Services and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Digital Services or any computer system, server, router or any other internet-connected device associated with our Digital Services. You must not misuse our Digital Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Digital Services via a denial-of-service attack, a distributed denial-of service attack or otherwise. You are responsible for ensuring that your computer system or device meets all relevant technical specifications necessary to use our Digital Services and is compatible with our Digital Services. You also understand that we cannot and do not guarantee or promise that any content on our Digital Services (including Material (as defined below)) will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output. From time to time, we may restrict access to certain features or parts of our Digital Services, or the entirety of our Digital Services. 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. We reserve the right, in our discretion, to withdraw, suspend or modify our Digital Services or certain features or parts of our Digital Services with or without notice to you. There may also be times when our Digital Services or certain features or parts of our Digital Services become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility or discontinuance of our Digital Services or any service available on or through our Digital Services.

2.3 Using our Digital Services

You must not use our Digital Services for any activities that breach any laws, infringe any person’s rights, or breach any standards, content requirements or codes published by any relevant authority. You must use our Digital Services and the information available from our Digital Services responsibly. You must not use our Digital Services or the information available from our Digital Services for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation. You must not use our Digital Services in any way that interferes with our systems, other users or harasses, menaces or harms anyone. You must not use our Digital Services to make any speculative, false or fraudulent orders.

2.4 Intellectual property rights

Our Digital Services consist of documents, images, illustrations, logos, trade marks, graphics, video sequences, sounds, text, photographs, tools (including calculators and planners), formats and styles of presentation, software (including HTML code) and material analogous to it, and other content (collectively, Material). All copyright, moral ownership and other intellectual property rights in our Digital Services and the Material (and derivatives of it) are either owned exclusively by or are licensed to us or one of our affiliates. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us, our affiliates or our licensors. You must not assert or attempt to obtain any such rights. You acknowledge our (and our affiliates’) rights to the Material. Save as provided elsewhere in these Terms of Use, you must not use, copy, reproduce, modify, manipulate, transmit, distribute, perform, publish, display, participate in the transfer or sale of, license or create derivative works from, or in any way exploit, Material accessed through our Digital Services. Where copying or transmission is expressly permitted, you must display an appropriate author attribution or copyright notice. You may use, and download and print extracts from, our Digital Services for your own personal use only to the extent necessary to utilise our Digital Services and the services offered through them. No right, title or interest in any downloaded Material is transferred to you. You may not make any other use of our Digital Services or Material on our Digital Services. Except as expressly set out in these Terms of Use, you are not allowed to copy (whether by printing onto paper, storing on disk or any other way), distribute (including distributing copies), tamper with or alter in any way or otherwise use any Material contained in our Digital Services. Except as expressly set out in these Terms of Use, you are not allowed to copy or use any Material on our Digital Services for any commercial purpose. You are not allowed to remove any copyright, trade mark or other intellectual property notices or watermark contained in the original Material or from any Material copied or printed from our Digital Services. The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use, and you must (at our option) return or destroy any copies of the Materials you have made.

2.5 User generated content

Certain features of our Digital Services may allow you to upload and publish materials, images, photographs, content and information to our Digital Services, create bespoke materials or designs, and/or save customised content (collectively, User Content). Where you upload, publish or otherwise store User Content through our Digital Services you are responsible for ensuring that you have any and all necessary rights, licences and permissions to use that User Content. We will not be responsible for any use of information, materials or content not provided by us. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms. Any User Content you upload to our Digital Services will be considered non-confidential and non-proprietary, and you grant us the right to use, copy, host, distribute and disclose to third parties the User Content. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Digital Services constitutes a violation of their rights (including their intellectual property rights or their right to privacy). Without limiting the preceding paragraph, the User Content provided by you may be used: (i) to provide our services and/or goods to you; (ii) to help us develop and improve our Digital Services; and (iii) for the purpose of performing business and data analysis, and you grant us the right to use, copy, host, distribute and disclose to third parties the User Content for these purposes. The views expressed by other users on our Digital Services do not represent our views or values. Any designs, plans or other similar materials created by you using our Digital Services will be owned by us and may only be used by you in connection with your use of the Digital Services in the manner permitted by these Terms of Use, a quotation or order for goods and/or services from us and/or the provision of goods and/or services by us to you. You assign to us all right, title and interest (including any intellectual property rights) in and to any designs, plans or other similar materials created by you using our Digital Services (and agree to sign any document at our request and our reasonable expense to give effect to this assignment) and you waive all moral rights in and to those designs, plans and materials.

2.6 Accuracy of information

Our Digital Services are updated regularly, and content may change without notice. We are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time. Material on our Digital Services is not intended to amount to advice or authority on which reliance should be placed. We make no promise and give no assurance that any information is accurate, complete or up to date. To the extent permitted by law, we accept no liability or responsibility for any loss, damage or injury arising as a consequence of any reliance placed upon the Material, whether by a user of our Digital Services or by anyone who may be informed of their contents. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site The Material should not be relied upon as advice or as the sole source of information on how to complete a task. Before commencing any task please: assess the risks associated with what you are about to do taking any necessary precautions; and read and follow all manufacturers’ and safety instructions relating to the equipment, products or task you are about to use or carry out. If you are in any doubt, please stop and seek advice from a professional.

2.7 On screen video guides, how to manuals and live chat

Without limiting the provisions of the section entitled Accuracy of information, our Digital Services may from time to time contain film Video Guides, How to Manuals and other guides (collectively, Guides) that are provided for general information and background purposes only. The Guides should not be relied upon as advice or as the sole source of information on how to complete a task. We may also offer live chat functionality via our Digital Services, where you can raise questions directly to us. We do not guarantee that we will be able to answer all the questions that you may raise and this functionality should not be treated as the sole source of information on how to complete a task. To the extent permitted by law, we accept no liability for any loss, damage or injury arising as a consequence of any reliance placed upon the Guides, whether by a user of our Digital Services or by anyone who may be informed of their contents. In relation to the Video Guides, all references are correct at the time of filming.

2.8 Links to and from our Digital Services

From time to time we may establish relationships with third parties that will enable you to access the websites of such third parties directly through our Digital Services. Where our Digital Services contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. The inclusion of these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators. We are not responsible for external websites that link to our Digital Services.

2.9 Liability

2.9.1 If you are acting as a consumer

If you are acting as a consumer (as determined by applicable law) in your use of our Digital Services, to the extent not prohibited by law, we accept no liability for any: • loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started to use our Digital Services); • loss which arises when we are not at fault or in breach of these Terms of Use; and • business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses). If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these Terms of Use is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.

2.9.2 If you are acting as a business user

If you are acting in the course of a business, trade or profession in your use of our Digital Services (a business user), we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) and offer no promises or assurances in relation to our Digital Services or their content (including the Material), to the fullest extent such liability, promises and assurances can be excluded by law, and to the fullest extent permitted by law, all promises, assurances and other terms implied by law are excluded. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of our Digital Services or their content (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise), except for any refund we make under any other agreement between us or otherwise at our discretion. If you are acting as a business user in your use of our Digital Services, without prejudice to the preceding paragraph, we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) for any of the following losses: • loss of data, loss of revenue, sales, income or profits, loss of business, loss of opportunity, loss of use or production, business interruption, loss of contracts, goodwill or reputation (in each case whether direct or indirect); or • any indirect or consequential loss. If you are acting as a business user in your use of our Digital Services, you will indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of, or in any way connected with, use of our Digital Services by you or any other person using your login information.

2.9.3 Liability provisions that apply whether you act as a consumer or business user

We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control. Nothing in these Terms of Use excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited under applicable law.

2.10 Contacting us

To contact us (including to discuss any complaint), please see our Contact Us page on the Website.

2.11 Other important terms

Failure by us to enforce a right does not result in waiver of such right. Each of the provisions of these Terms of Use operates separately. If any provision (or part of any provision) (including any terms in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable: (i) that provision (or part-provision) will, to the extent required, be excluded from forming part of these Terms of Use; and (ii) the remaining provisions will be unaffected and will remain in full force and effect. You may not assign or transfer your rights or obligations under these Terms of Use. Except as expressly stated, a person who is not a party to these Terms of Use shall not have any rights under or in connection with these Terms of Use by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. You and we agree that these Terms of Use are governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with these Terms of Use (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.

3 Online Store Terms

THESE TERMS SET OUT THE BASIS ON WHICH WE MAY SELL PRODUCTS TO YOU. PLEASE READ THESE TERMS CAREFULLY. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country and you have given us your consent to allow any of your minor dependents to use this site.

3.1 General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3.2 Modification to Prices

Prices for our products are subject to change without notice.

3.3 Products or Services

Certain products or services may be available exclusively through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

3.4 Basis of Sale

The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written or verbal order of the Buyer which is accepted by the Seller subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer.

No variation of these Conditions shall be binding unless agreed in writing between the Seller and the Buyer. If you wish to make a change to the Goods you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Any advice or recommendation given by the Seller or its employees to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation.

Any samples, illustrations or descriptive material including but not limited to particulars of shade and pattern and other information contained in the Seller’s brochure, advertising material, on our website or elsewhere shall not form part of the Contract and shall be treated as approximate and for guidance only. The packaging of the Goods may vary from that shown in images on our website.

The Seller may, at its discretion, from time to time vary the design of the Goods from that advertised without notice to the Buyer provided that any such variations do not constitute material alterations to the Goods.

3.5 Orders and Specification

The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer. If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.

3.6 Price, delivery charges and availability

Unless otherwise stated, prices for Products are inclusive of applicable sales tax (including VAT). Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Product(s) you order, the delivery address and the delivery method you select. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket depending on your choices and added to your order. We may update prices at any time. Despite our best efforts, a small number of products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. From time to time we may apply promotional prices to Products. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time. Where we provide a quote to you it will be subject to the terms and conditions applicable to that quote. All Products are subject to availability. If you order Products which are not available from stock, we will cancel your order for those Products and refund the price you have paid for those Products.

3.7 Payment Terms

The total cost of your order and/or purchases is the price of the Products and applicable delivery charges. We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing. Payment can be made by online payment methods as available on the checkout page of our website. If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. If you use PayPal to pay for your order and the issuer of the card or the payment provider that operates the account that you use to fund or which is linked with your PayPal account refuses to authorise payment, we reserve the right to reject your order and will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the rejection. We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order. You are responsible for all orders placed by your authorised employees.

3.8 Liability

Liability is set out in clause 2.9

3.9 Events beyond our control

We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

3.10 Your information

In the course of our dealings with you we will collect and process personal information about you, including to administer and process your order, and to provide the Products. Further information on the manner in which we process personal information is set out in our Privacy Policy, a copy of which is available on our Website.

3.11 Guarantee Terms and Conditions

We are under a legal duty to supply Goods that are in conformity with these Conditions. Nothing in these terms will affect your legal rights. Some products may offer a manufacturers guarantee. It is the buyers responsibility to establish and meet any registration requirements. We shall have no liability if the buyer fails to register their product correctly with the manufacturer.

3.12 General

If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking these Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date. These Conditions are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts.