Terms & Conditions

This page tells you information about us and the legal terms and conditions (“Terms)on which we sell any of the products (“Products) listed on our website (“our Website)to you.

These Terms will apply to any contract made between us for the sale of any Products to you (the “Contract).Please read these Terms carefully and make sure that you understand them,before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.  You should print a copy of these Terms for your future reference.
We amend these Terms from time to time as set out in clause 7.Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 26th September 2015.  These Terms, and any Contract between us, are only in the English language.


1.          Information about us

1.1            we operate the website at www.cpcengineering.co.uk. We are a family run business trading as CPC Engineering and our trading address is Fairfield Bungalow, Off Alexandra Road, Illogan, Redruth, Cornwall TR16 4EJ. Our VAT number is 211044670.
1.2            Our telephone number is 0790 365 0428.   Our email address is info@cpcengineering.co.uk 
1.3            To contact us, please see our Contact Us page
2.     Our products
 2.1            The images and pictures of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colours of the Products. The packaging of the Products may vary from that shown in the images on our website.
2.2            The size of Products may vary very slightly from the description given on our website but these variations will never exceed more than 2% of the stated size. 
2.3            All Products shown on our website are subject to availability. We will inform you by e-mail as soon as possible if any Products that you order are not available.
2.4            Some of our Products are bespoke and will be made to your own design specification and request. Where Products are manufactured in accordance with your own specification you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit,loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with our use of the specification. This clause shall survive termination of the Contract.
3.          How we use your personal information
We only use your personal information in accordance our Privacy Policy
.  Please take the time to read these, as they include important terms which apply to you.
 
4.          contracting with us: consumers
4.1            If you are a consumer, you may only purchase Products if you are at least 18 years old.
4.2            We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
4.3            As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau.


5.   Contracting with us: business customers
5.1            If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Products.
5.2            TheseTerms and any document expressly referred to in them constitute the entire agreementbetween you and us. You acknowledge that you have not relied on any statement,promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

6.          How the contract is formed between you and us 
6.1            Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage ofthe order process.
6.2            After you place an order, you will receive an e-mail from us acknowledging that wehave received your order. However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 6.3.
6.3            We will confirm our acceptance to you by sending you an e-mail (Order Confirmation)or invoice, whichever is earlier. The Contract between us will only be formed when we send you the Order Confirmation or invoice.

6.4            If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 11.5,we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.


7.        Our right to vary these terms 
7.1            We may revise these Terms from time to time if there are changes in how we accept payment from you or if there are changes in relevant laws and regulatory requirements.
 7.2            Every time you order Products from us, the Terms in force at that time will apply to the Contract.
 7.3            Whenever we revise these Terms in accordance with this clause 7,we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
 
 
8.          cancellation and refunds
 
A.   Cancelling within the cooling-off period
 
8.1            If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the cooling-off period set out below in clause 8.3.This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your right to cancel during the cooling-off period is available from your local Citizens' Advice Bureau.
8.2            The right to cancel within the cooling-off period (as referred to at clause 8.1)only applies to consumers ordering Products on-line and if you have purchased goods from our workshop or from us at a trade show or you are a business or trade customer this right to cancel does not apply. The right to cancel will also not apply in the case of any custom-made or personalised products, which are made specifically upon your request and to your design specification. 
8.3            Where the right to cancel within the cooling-off period (as referred to at clause 8.1) applies, you have the right to cancel the Contract within 14 days without giving any reason. The cooling-off period will start when we accept your order and the contract between us is formed, pursuant to clause 6.3. The cancellation period will end 14 days after the day on which the Products are delivered to you.

8.4            To exercise the right to cancel within the cooling-off period (as referred to at clause 8.1) you must inform us of your decision to cancel the Contract by either:
(a)        Sending us an email to info@cpcengineering.co.uk setting out the date of your order, your personal details, the order details and the account and product reference numbers; or
(b)        completing the returns form on our website at [LINK].
We suggest that you keep a copy of your notification for your records. In either case, we will send you an acknowledgement of receipt by email without delay.
8.5            To meet the cancellation deadline for the purposes of clause 8.3, it is sufficient for you to send your communication concerning your exercise of the right to cancel at any point before the cancellation period expires.
8.6            If you cancel the Contract within the cooling-off period we will (subject to clause 8.7) reimburse to you all payments that we received from you under that Contract, including the costs of delivery of the Products.
8.7            If we reimburse you pursuant to clause 8.6 we will only refund basic delivery charges and if you chose a type of delivery other than the least expensive type of standard delivery offered by us, we will not reimburse you the supplementary costs of that delivery. We may make a deduction from the reimbursement of the Product costs for loss in value, if the loss is the result of unnecessary handling by you.   
8.8            Any reimbursement we make pursuant to this clause 8 will be made without undue delay, and in any event no later than: 
(a)        14 days after the day we receive back the Products from you; or
(b)        (ifearlier) 14 days after the day you provide us with evidence that you have returned the Products; or
(c)        if no Products were supplied, 14 days after the day on which you informed us about your decision to cancel the Contract.
8.9            When making any reimbursement pursuant to this clause 8, we will make there reimbursement using the same means of payment as you used for the initial transaction (e.g. the credit card or debit card used by you to pay for the Products), unless we have expressly agreed otherwise. We may withhold reimbursement until the Products are returned to us, or until we have received evidence from you that you have returned them.  
8.10         Unless the Products are faulty or mis-described, you will be responsible for returning the Products to us and meeting any delivery or postage charges associated with that return. You can either post the Products to us using recorded delivery or you can hand deliver the Products to our trading address. If you decide to post the Products to us you will be responsible for ensuring that they are packed carefully in order to prevent damage. You have a legal obligation to ensure that you take care of the Products whilst they are in your care. We may withhold some of your reimbursement pursuant to clause 8.7 if you handle the Products in a way which would not normally be acceptable if they were in a shop and you have reduced the Product value as a result.
 
B.   FAULTY OR MIS-DESCRIBED PRODUCTS
 
8.11         We will inspect all our Products before they are despatched to you so that we can check for any defects which are apparent upon a visual inspection. This will avoid you receiving faulty goods and the need for you to return our Products because of a visually apparent defect.
8.12         You may return Products to us if they are faulty or mis-described. If the defect is a defect which is apparent on normal visual inspection you must return the Product to us within 5 working days of delivery. If the defect is a latent defect you must return the Product to us within a reasonable time of the latent defect having become apparent. If you have not given us notice of any defects within the relevant time period, you shall be deemed to have accepted the Products.
8.13         Where you return faulty or mis-described products to us pursuant to this clause 8 we shall (subject to clause 8.14):
(a)        offer you a replacement Product; or
(b)        offer you a full or partial refund (depending on the nature of the fault or mis-description).
8.14         You will not be entitled to any refund or replacement under clause 8.13 if:
(a)        We made you aware of the defect at the time you ordered the Product;
(b)        You have damaged the Product;
(c)        The defect or problem is a result of normal wear and tear; and/or
(d)        You have tried to repair the Product or you have altered it in any way.
8.15         As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau.
 
9.          Delivery
 
9.1            We will despatch the Products by the method stipulated on the Order Confirmation.In most cases this will be by [Royal Mail Recorded/ Track Delivery or Courier Service.]
9.2            If the Product that you order is in stock, your order will be fulfilled by the estimated despatch date set out in the Order Confirmation or invoice. If we are unable to fulfil your order because of an Event Outside Our Control, we will contact you with a new estimated despatch date.  If your order is not in stock, we will email you to let you know.
9.3            Any dates specified for delivery and/or despatch are estimates only and time for despatch and/or delivery shall not be made of the essence by notice.  As we use third parties for the delivery of our products (including Royal Mail and Parcel force) the delivery process is outside of our control once the Products have been despatched.
9.4            Delivery will be completed when the Products are delivered to the address you gave us.  We recommend that delivery should be to the credit or debit card billing address.
9.5            If you fail to accept or take delivery of the Products, then except where such failure is caused by an Event Outside Our Control (see clause 14):
(a)        risk in the Products shall pass to you; and

(b)        if the Products are returned to us by the postal or courier service we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).
9.6            If,after 30 Business Days of the Products being available for delivery, you have not accepted delivery of them, we may resell or otherwise dispose of the Products and, after deducting reasonable storage and selling costs, account to you for any excess, or, charge you for any shortfall.
9.7            The Products will be your responsibility and must be appropriately cared for from the completion of delivery.
9.8            You own the Products once we have received payment in full, including all delivery charges.

10.        Price of products and delivery charges 
10.1         The prices of the Products will be as quoted on our website from time to time. We take all reasonable care to ensure that the prices of Products are correct. However,if we discover an error in the price of Products ordered, clause 10.5 will apply.
10.2         Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation or invoice.
10.3         The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4         The price of a Product does not include delivery charges. Our delivery charges areas quoted on our website from time to time. To check relevant delivery charges,please refer to our Delivery Charges page 
10.5         Our website contains a large number of Products. It is always possible that,despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis pricing, we do not have to provide the Products to you at the incorrect (lower) price. 


11.        How to pay 
11.1         You can only pay for Products using a debit card or credit card or PayPal account.
11.2         Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card once we have issued the Order Confirmation or issued an invoice. 


12.        Our liability if you are a business 
12.1         Nothing in these Terms limits or excludes our liability for:

(a)        death or personal injury caused by our negligence;
(b)        fraud or fraudulent misrepresentation;
(c)        breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d)        defective products under the Consumer Protection Act 1987.
12.2         Subject to clause 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.
12.3         Subject to clause 12.1 and clause 12.2,our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence),breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
12.4         Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute,common law or otherwise is excluded to the fullest extent permitted by law.

13.        Our liability if you are a consumer 
13.1         If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2         We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3         We do not in any way exclude or limit our liability for:
(a)        death or personal injury caused by our negligence;
(b)        fraud or fraudulent misrepresentation;
(c)        any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d)        any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979(description, satisfactory quality, fitness for purpose and samples); and
(e)        defective products under the Consumer Protection Act 1987.

14.      Events Outside our control
 14.1         An Event Outside Our Control means any act or event beyond our reasonable control,including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.2         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 an Event Outside Our Control.
14.3         If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a)        we will contact you as soon as reasonably possible to notify you; and
(b)        our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.       Communications between us 
15.1         In these Terms, when we refer to "in writing" this includes e-mail.
15.2         If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post at the address set out in clause 1.1.We will confirm receipt of this by contacting you in writing, normally bye-mail.
15.3         If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
15.4         If you are a business, please note that any notice given by you to us, or by us to you, 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 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16.       Complaints 
We take complaints very seriously.  We will endeavour to acknowledge complaints within 5 working days and will provide a likely time scale for resolving the dispute and will keep you informed about progress.  You can send us a compliant in accordance with clause 17.  
 
17.        Other important terms
 
17.1         We may transfer our rights and obligations under a Contract to another organisation or business, but this will not affect your rights or our obligations under these Terms.
17.2         You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3         This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. 
17.4         Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
17.5