Terms and Conditions
This page states the Terms and Conditions under which you should use www.cabourn.com. You should read these Terms and Conditions carefully before ordering any Goods from our site. Please note that by ordering any of our Goods, you agree to be bound by these terms and conditions. You should print a copy of these Terms and Conditions for future reference.
By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
Information About Us
Nigel Cabourn Marketing Ltd, is a company registered in England and Wales under company registration number 06657061. Nigel Cabourn Marketing Limited (NCML) company VAT number is: GB942355032. Our registered office is at: Garden House, 54 The High Street, Gosforth, Newcastle upon Tyne, NE3 1LX.
‘Nigel Cabourn’ is a registered Trademark of Nigel Cabourn Ltd and Nigel Cabourn Marketing Ltd. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
In these conditions, unless the context requires otherwise:
1.1 ‘the Customer’, ‘You’ means the person who buys or agrees to buy the goods from the Seller;
1.2 ‘the Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing between the Seller and the Customer;
1.3 the Delivery Time’ means the time specified (in the Sellers’s Order Confirmation, or otherwise) by the Seller when the goods are to be sent out from the Seller or its subsidiary to a delivery address designated by the Customer;
1.4 ‘the Goods’ means the articles that the Customer agrees to buy from the Seller;
1.5 ‘the Purchase Order’ means the order from the Customer to the Seller
1.6 ‘the Price’ means the price for the Goods including packing and excluding carriage, insurance, import duty, local tax, customs clearance charges and inland freight, unless specified to the contrary (pursuant to condition 3.1 or by agreement between the Seller and the Customer), and without VAT unless otherwise agreed between the Seller and the Customer;
1.7 ‘the Seller’, ‘Us’, ‘We’, ‘the Website Owner’ means Nigel Cabourn Marketing Limited, a company registered in England and Wales under company registration number 06657061
1.8 ‘the Sellers Order Confirmation’ means the confirmation in writing (which may be by email) by the Seller to the Customer of the Customer’s order; and
1.9 ‘VAT’ means Value Added Tax in the United Kingdom at a rate ruling on the date of the Sellers invoice
All prices on the website are given in UK Pounds Sterling, and all payments must be made in UK Pounds Sterling.
All agreements of your offer to purchase goods are entirely subject to their availability. Our acknowledgement of order acceptance via e-mail or web is not a guarantee of delivery. In the event the items you have ordered are not available, you will be contacted, and an alternative or a full refund offered. If we are only able to fulfill part of your order, payment will be taken for your whole order, then on dispatch a full refund for the unavailable goods will be made.
Payments can be made using any of the methods listed in the below payments section. The total amount will be debited from your account when we have accepted your offer to purchase goods from us.
3. Your Agreement with www.cabourn.com
Upon ordering we are not making a legal offer to provide the goods ordered. We are inviting you to make a legal offer to us for you to purchase the goods. It is entirely at our discretion to reject or accept your offer of purchase.
This agreement is only confirmed when we have accepted your offer to purchase the goods and have sent you an invoice or dispatch receipt that includes the date of the agreement being accepted which will be the date shown on said invoice or receipt.
4. Price and Payment Information
The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
It is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss pricing.
Payment for all Goods must be by credit or debit card. We will not charge your credit or debit card until we despatch your order.
We currently accept payment from any card registered in the UK (except American Express of whom you will be required to contact directly to set up an account if you so wish (contact number: 0800 339 911).
Payment for your full order will be taken immediately. The total amount you pay is the same regardless of the payment method.
All Payments are Secure, and are handled byAIB Merchant Services.
5. Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6. Risk and Title
The Goods will be at your risk from the time of delivery. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
7. Our Returns Policy
Our web store returns policy means that if you are not fully happy with the goods you have received, you can return them to us within 14 days of receipt, providing they are in original resalable condition. Goods that have been personalised will not be refunded or exchanged in any circumstances. We will not refund or exchange items that appear to have been worn, washed, or are not in original condition. Once returned, you will be entitled to receive an exchange or a refund for the cost of the goods and the original cost of shipping. If the goods are returned by you because of a defect you will be refunded in full, including a refund of the delivery charges for sending the item to you and reasonable costs incurred by you in returning the item to us as long you can provide evidence of the cost by receipt.
Remember, if you are returning the goods from outside the EU you must put ‘RETURNED GOODS’ on the outside of the package so as not to incur further import taxes/duties.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Where payment has been made by credit or debit card, we will refund the payment to the credit or debit card used to purchase the Goods.
This does not affect and is in addition to your statutory rights as a consumer. Please complete an online Returns form with your goods. If you cannot access one please contact [email protected]. You should not attempt to return goods to us without first contacting us. Please make sure all returned items are returned in the original box or where this is not possible, are well packaged, so as not to be damaged in transit. Customers are responsible for the return of any item and we recommend that they are sent with a trackable, insured service, as we cannot take responsibility for items damaged or lost in return transit. Please note - the above information relates only to returns on good purchased through the www.cabourn.com website.
8. Our Liability
8.1 We warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.
8.2 Subject to clause 8.5, our liability for losses you suffer as a result of us breaking this agreement, including deliberate breaches, is strictly limited to the purchase price of the Goods you purchased and any losses that are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.3 Subject to clause 8.5, we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
8.3.1 loss of income or revenue;
8.3.2 loss of business;
8.3.3 loss of profits or contracts;
8.3.4 loss of anticipated savings;
8.3.5 loss of data; or
8.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 8.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause
8.2 or any other claims for direct financial loss that are not excluded by any of the categories 8.3.1 to 8.3.6 inclusive of this clause 8.3.
8.4 Where you buy any Goods from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
8.5 Nothing in these terms and conditions excludes or limit in any way our liability:
8.5.1 for death or personal injury caused by our negligence;
8.5.2 under section 2(3) of the Consumer Protection Act 1987;
8.5.3 for fraud or fraudulent misrepresentation; or
8.5.4 for any matter for which it would be illegal and/or unlawful for us to exclude, or attempt to exclude, our liability.
9. Import Duty
9.1 If you order Goods from our site for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
10. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at customer[email protected] or at NCML Returns, Principal House, 5 Back Grove Avenue, Newcastle Upon Tyne, NE3 1NT. We may give notice to you at either the email or postal address you provide to us when placing an order on the Site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email 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 email that such email was sent to the specified email address of the addressee.
12. Transfer of Rights and Obligations
12.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events Outside Our Control
13.1 We reserve the right to defer the date of delivery of or to cancel the Contract (without liability to you) if we are prevented from or delayed in the carrying on of our business due to any event of force majeure, provided that, if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the Contract.
13.2 In these terms and conditions an event of force majeure shall include (without limitation) Act of God, war, threat of war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, tempest, flood, adverse weather conditions, epidemic, accident, acts or omissions on the part of any governmental or local authority or highways authority or public telecommunications, import or export regulations or embargoes, disruption of power supply, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or any default of any of our suppliers.
13.3 Our performance under any Contract is deemed to be suspended for the period that an event of force majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event of force majeure to a close or to find a solution by which our obligations under the Contract may be performed despite the event of force majeure.
14.1 Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.
14.2 Any waiver by us of any breach of, or any default under, any provision of the Contract shall not be construed as a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17. Rights of Third Parties
The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless (i) any change to those policies or these terms and conditions is required to be made by law or a governmental authority (in which case it will apply to orders previously placed by you); or (ii) if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
20. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
21. Data Protection
You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
22. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission on this site, please let us know.
23. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
submit contents containing marketing or promotional material which is intended to solicit business.
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
25. Comments or Questions
By using this site (www.cabourn.com) you agree to our Terms and Conditions, if you disagree you must not access this website and leave immediately.
Registered Company Information
Nigel Cabourn Marketing Limited, is a company registered in England and Wales under company registration number 06657061.
‘Nigel Cabourn’ is a registered Trademark of Nigel Cabourn Ltd and Nigel Cabourn Marketing Ltd.
You can contact us in writing at the following address:
PO Box 459
Newcastle Upon Tyne
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If you remove all of your cookies from your browser you will have to re-enter usernames and passwords on websites that were previously saved. The Information Commissioner’s Office (http://www.ico.gov.uk/) provides some advice about cookies and their use.
Data Protection Act 1998
Under this act you are entitled to request access to the data that We (Nigel Cabourn Marketing Ltd) hold on you.
You will only ever be asked for personal data such as your name, address and email address if you choose to sign up to the Cabourn mailing list or when purchasing an item from Cabourn e-commerce shop. We may track user log-ins into your Cabourn account give us insight into behaviour and usage of Cabourn e-commerce website.
If you would like your personal data associated to the mailing list completely deleted from our system, we can do this too if send an e-mail to [email protected] or call 0191 603 1922. We endeavour to keep your personal data accurate and up to date. If you become aware of errors or inaccuracies, please e-mail [email protected].
You data is not shared with any third parties
Any changes or amendments will be published on this page.
Disclaimer of Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.