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Terms and Conditions These are the terms and conditions which apply to your use of this Website. Please read them carefully. Welcome to the Holmes Coal website. By continuing to browse and use the website you are agreeing to comply with and be bound by the following terms and conditions of use. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website http://www.the-coalman.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please click on the button marked &I Accept& at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site. 1. INFORMATION ABOUT US 1.1 coal@the-coalman.co.uk. Our VAT number is 425678330. 1.2 For order and /or delivery enquiries please contact Andy Holmes 2. YOUR STATUS By placing an order through our site, you warrant that: (a) You are legally capable of entering into binding contracts; (b) And you are at least 18 years old; Please note that any unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence/ This website is provided by http://www.the-coalman.co.uk without any warranties or guarantees. You must bear the risks associated with the use of the Internet. 3. PURCHASING FROM US 3.1 Purchasing from us is very easy – just browse our store and add the items that you want to buy to your shopping cart. When you have finished click on the ‘Checkout’ and you will be asked for a few details to complete your order. After placing an order, you will receive an e-mail from us acknowledging that we have received it. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the [Dispatch Confirmation/ an invoice] 3.2 We accept all major credit and debit cards ( except American Express) or payment by cheque with your order. 3.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. 3.4 If there has been a change in price, we will contact you first to confirm that the price is acceptable. 4. 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. 5. RISK AND TITLE 5.1 The Products will be at your risk from the time of delivery. 5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including deliery charges. 6. PRICE AND PAYMENT 6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. Prices are shown in £ Sterling. 6.2 These prices include VAT and delivery costs. 6.3 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. 6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 6.5 We are under no obligation to provide the Product 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 mis-pricing. 7. OUR REFUNDS POLICY 7.1 [ PLEASE INSERT DETAILS OF ANY REFUND POLICY HERE] 7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 8. OUR LIABILITY 8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. 8.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to: loss of income or revenue, business, profits, savings or data, however, nothing in these Terms and Conditions shall exclude http://www.the-coalman.co.uk liability for personal injury or death caused by its negligence. 8.4 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions. 9. 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 e-mail or provide you with information by posting notices on our website. 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 requirement that such communications be in writing. This condition does not affect your statutory rights. 10. NOTICES All notices given by you to us must be given to WA HOLMES COAL at coal@the-coalman.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of notice by e mail, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee. 11. TRANSFER OF RIGHTS AND OBLIGATIONS 11.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 11.2 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. 11.3 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. 14. EVENTS OUTSIDE OUR CONTROL 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control 15. SEVERABILITY 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 16.1 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 17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 17.1 We have the right to revise and amend these terms and conditions from time to time. 17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation. 18. LAW AND JURISDICTION Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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