2 Digital Services
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
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.
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
2.5 User generated content
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.
2.9.1 If you are acting as a consumer
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
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
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.
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.
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
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.
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.