Our Terms and Conditions
These are the terms and conditions (as amended from time to time) governing use of this website and the agreement that operates between us and you. Before you click on the "Process order" button at the end of the ordering process, please read these Terms. By using this website or placing an order through it you are consenting to be bound by these Terms. By placing your order, you unreservedly accept these Terms, having read and understood them. These Terms are important for both you and us as they have been designed to protect your rights as a valued customer and to protect our rights as a business. You agree that: a. You may only use the website to make legitimate enquiries or orders. b. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities. c. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Statement). d. If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contract.
HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded. To place an order, you will be required to follow the shopping process online and press the "Accept" button to submit the order. After this you will receive an e-mail from us acknowledging that we have received your order (the "Acknowledgement of Receipt"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. 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/or is about to be dispatched, this applies in the case of a consumer orders. In the case of wholesale orders the acceptance by us, will be confirmed (the Order Confirmation) within 48 hours of receiving an order.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.
REFUSAL OF ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to Authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Acknowledgement of Receipt.
YOUR RIGHTS TO CANCEL
"Cooling Off" You may cancel a contract any time within 7 days after receipt of goods. In this case, you will receive a full refund of the price paid for the products in accordance with our Returns Policy. You should try to include all of the products´ instructions, documents and wrappings when returning the products to us. You should be aware that you are under a statutory duty to take reasonable care of the products whilst they are in your possession. If you fail to exercise such reasonable care, we may, depending on the circumstances, have a right of action against you for breach of statutory duty. Failure to exercise such reasonable care may, depending on the circumstances, be demonstrated by your failure to include all of the product´s instructions, documents and wrappings when returning the product to us, the product being damaged or not in the same condition as you received it or (in the case of clothing or accessories having been worn other than for simply trying out the product). You will not have any right to cancel a Contract for the supply of any of the following products: Customised items • Items sold on electronic auction by us This provision does not affect your statutory rights.
Subject to availability, we will endeavour to fulfil your order for product(s) within 7 working days or the date listed in the Order Confirmation, unless there are exceptional circumstances. Reasons for delay could include: Customisation of products; Specialist item; Unforeseen circumstances; or Delivery area. If for any reason we cannot meet the delivery date you will be kept informed and offered a choice of either continuing with the extended delivery time or to cancel. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery whichever is the later.
PRICE AND PAYMENT
The price of any products will be as stipulated on our site, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund. We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price. The prices on the website are the prices that will be charged for each product purchased. Delivery cost's, will be added to the total amount due, which is £3.95 for retail customers and for wholesale customers is £10.00 for orders under £300, Then for all orders over £300 the postage is free of charge. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Once you have finished shopping all the items you wish to purchase are added to your basket, your next step will be to go to the credit card option or the PayPal option to pay for the items in your basket via there safe online payment system. You do not have to be a PayPal customer to use this option. If you would rather send a cheque to Berserks Glassworks then please just contact us and we will advise you of the address to which to send it to. However we will not be able to send the goods until the cheque has cleared which takes 5 working days. Cooling off returns: General policy: If you wish to cancel the Contract within the period specified above, you should inform us by contacting us via our website and returning the products to us. Please send the product back to us (at your own risk) as soon as possible. You will be responsible for the cost of returning the product to us in this manner. If you return the goods to us at our expense, we will be entitled to charge you for the direct cost we incur as a result. Where possible, please use or include with the product being returned, all original boxes, documents and wrappings. We will process your refund as soon as possible (and in any case, within 30 days of the day that you have given us notice of cancellation). We will always refund any money received from you by the method of original payment unless it is agreed by both parties to choose alternative options. However, you will be responsible for the cost and risk of returning the item to us, as outlined above. You should be aware that you are under a statutory duty to take reasonable care of the products whilst they are in your possession. If you fail to exercise such reasonable care, we may, depending on the circumstances, have a right of action against you for breach of statutory duty. Failure to exercise such reasonable care may, depending on the circumstances, be demonstrated by your failure to include all of the product´s instructions, documents and wrappings when returning the product, the product being damaged or not in the same condition as you received it or (in the case of clothing or accessories) having been worn (other than for simply trying out the product). This does not affect your statutory rights.
DEFECTIVE PRODUCT RETURNS
In circumstances where you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us via our website contact information with details of the product and its damage. We will fully examine the returned product and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will usually process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement of the defective product. Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will always refund any money received from you by the original method of payment or by a mutual agreement of another option. This does not affect your statutory rights.
LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product. Products sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as pattern, texture, and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
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. NOTICES All notices given by you to us should be given to us via email or via our web form.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. 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. 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. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
EVENTS OUTSIDE OUR CONTROL
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 (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: a. Strikes, lock-outs or other industrial action. b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. e. Impossibility of the use of public or private telecommunications networks. f. The acts, decrees, legislation, regulations or restrictions of any government. g. Any shipping, postal or other relevant transport strike, failure or accidents.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.