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Please read these terms and conditions of sale carefully (Paying particular attention to Section 6 Returns Policy) before placing your order and retain a hard copy for future reference. It is also advisable to retain a hard copy of your sales order for future reference. 1. Format of the Contract 1.1 These terms of sale apply to all goods supplied by Suzanne Owen t/a Rockingbird whose office is at 71 Poolemead Road, Bath BA2 1QP 1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). 0nce the Supplier does so, there is a binding legal contract between us.
 1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
 1.4 The Supplier may change these terms of sale without notice to you in relation to future sales. 2. Description and price of the goods 2.1 The description and price of the goods you order will be as set out in the confirmation of order email to you after you place your order.
Any prices quoted on the website are a guideline and are subject to change at 24 hours notice. 2.2 The materials needed to manufacture are subject to availabilty. If on receipt of your order the goods required are not available in stock, the Supplier will inform you as soon as possible and if delivery of your order is exepected to be delayed beyond 28 days then the Supplier will offer to refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. 2.3 In addition to the price, you will be required to pay a delivery charge for the goods. Prices quoted on the website do not include delivery charges. 3. Payment 3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before goods are dispatched. There will be no delivery until cleared funds are received.
 3.2 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you. 4. Delivery 4.1 The goods you order will be delivered to the address you give when you place your order, within the United Kindgdom. Deliveries can be made outside the United Kingdom, however insurance must be taken against transit damage in this case.
 4.2 Orders placed with the Supplier will be delivered within 20 working days at the latest, but with a target of 10 working days to allow for manufacture, packing and delivery.(A working day is any day other than weekends and bank or other public holidays.)
 4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
 4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
 4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. 4.6 The goods may be delivered by the Supplier in advance of the quoted delivery date. 4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you see obvious crushing, tears, severe dents or cartons opened you must sign as such and not as in good condition.If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter. 4.8 When your order arrives you must check for damages and or shortages. Claims for damages and or shortages have to be made within 48 hours of receipt of your delivery. Claims for damages and or shortages made after 48 hours of your delivery arriving will be refused. Time and date of delivery is recorded with our carriers. Keep all the packaging from your delivery in a secure dry environment in case you need to return any part of your order to us. 5. Risk/Title 5.1 The goods are at your risk from the time of delivery
 5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
 5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier. 6. Your right of cancellation and Returns Policy 6.1 Under the Consumers Protection (Distance Selling) Regulation 2000 Clause 13(i)(C), you do NOT have the right to cancel any order once a binding legal contract is in place (see Section 1 above), or return the goods other than if delivered damaged or incorrectly. This is because goods ordered are made to customer specification. 6.2 In the unlikely event that goods arrive faulty, damaged in transit, or of incorrect design, please inform us within 48 hours so that we can replace or repair the goods in accordance with your statutory rights. The Supplier must be informed in writing (email or post) before goods are returned. 6.3 Please re-pack in the original packing any faulty, damaged or incorrect goods and return by post to the address below. We will refund the cost of postage incurred & re-supply the goods correctly. 6.4 These conditions do not affect your statutory rights. 7. Warranty 7.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. 7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval. 7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via e-mail info@rockingbird.co.uk within 7 days. Initially you will be responsible for returning the goods to the Supplier at your own cost, your return will be inspected upon delivery to the supplier and providing the goods have been returned as required you may be issued with a refund for the carriage costs incurred. The goods must be returned to the address shown below. Reasonable care must be taken to ensure the goods are not damaged further during transit and the goods should be packaged accordingly. 7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via info@rockingbird.co.uk as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. Initially you will be responsible for returning the goods to the Supplier at your own cost, your return will be inspected upon delivery to the supplier and providing the goods have been returned as required you may be issued with a refund for the carriage costs incurred. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit. 8. Limitation of Liability The Supplier's total liability in contract, including negligence or breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods. Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation. 9. Data Protection The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you. 10. Applicable Law These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract. 11. Copyright Notice All content on the Rockingbird.co.uk web site is copyright of it's respective owner and legal action may be taken if any person(s) or business is found using the content without advance permission.
In addition anyone wishing to use hyperlinks or links in any format to link with rockingbird.co.uk must obtain permission in writing prior to use. Legal action may be taken if permission is not obtained in advance of use. Rockingbird. 71 Poolemead Road, Bath BA2 1QP Tel:07855528295 info@rockingbird.co.uk