You will be asked to read the terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, do not order any Products from this site.
(1) Definitions and interpretation
In this Agreement “we” means the Coed Haroldston (and “us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out in our Second Acknowledgement;
“First Acknowledgement” means the initial automatic email acknowledgment which we will send to you after receiving your Order;
“Order” means your order for Products made via the Site;
“Products” means goods which may be purchased by you from the Site;
“Second Acknowledgement” means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and
“Site” means the website at coed-haroldston.co.uk or any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps: (i) you must add any the Products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your Order and your consent to the terms of this Agreement; (iv) you will be transferred to the Paypal website, and Paypal will handle your payment; (v) we will then send you the First Acknowledgment; and (vi) once we have checked whether we are able to meet your Order, we will either send you the Second Acknowledgement (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order.”]
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by confirming order details and emailing you. You may correct those input errors before placing your Order by contacting me on email@example.com
(3) About us
Our full trading name is Coed Haroldston. Our email address is firstname.lastname@example.org
(4) The Products
The products consist of accommodation rentals. Each product has more information detailed about them on their accommodation page. If you have any queries please contact us.
(5) Price and payment
Prices for Products are quoted on the Site. The Site contains a number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product's correct price will be stated in the Second Acknowledgement/when you pay for the Product.
Payment must be made by the date(s) set out in the Second Acknowledgement. We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.
Payment for all Products must be made by PayPal OR any method detailed on the Site from time to time. We will consider other payments please contact us to discuss other options.
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
(6) Consumer rights
You may cancel this Agreement at any time within 7 working days after the day you booked and paid for your holiday (subject to the limitations set out below).
If you cancel this Agreement on this basis, you must inform us in writing. Cancellations within the 7 working day period referred to above will be refunded in full.
If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the England or Wales; you are at least 18 years old; the information provided in the Order is accurate;
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
(9) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(10) General terms
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
These terms of sale are based on a template created and distributed by www.website-law.co.uk.