TERMS & CONDITIONS
1. Terms and Conditions for the supply of Pavilion Broadway products
Please read these terms and conditions carefully before using the Pavilion Website. By accessing or using the Pavilion Website you agree to be legally bound by these terms and conditions as they may be modified and posted from time to time. If you do not wish to be bound by these terms and conditions then please do not use the Pavilion Website.
2. Your details
a. When you register with the Pavilion Website, you will be required to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised.
b. If any of your details change, such as your credit card billing address, you must inform Pavilion Broadway as soon as possible. You may update your details by signing into your account on the Pavilion Website, and update the relevant section.
c. Pavilion Broadway is not responsible for any loss or damage caused by personal information which is incorrect at the time of use.
3. The contract between us
a. Any contract for purchases made through the Pavilion Website will be with Pavilion Broadway, whose trading address is 58 High Street, Broadway, Worcestershire, WR12 7DT.
b. Pavilion Broadway must receive payment of the whole of the price for the goods that you order before your order can be accepted and the contract formed. Once payment has been received Pavilion Broadway will confirm that your order has been received by sending an acceptance email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. Pavilion Broadway’s acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
c. Pavilion Broadway is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
d. Goods remain property of Pavilion Broadway until the purchase is confirmed by a representative of Pavilion Broadway and the goods are paid for in full.
4. Withdrawal by you from the contract
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
a. You may withdraw your order for goods at any time up to the end of the twenty first day after you have received the goods. You do not need to give Pavilion Broadway any reason for withdrawing your order nor will you have to pay any penalty.
b. The only circumstance in which you cannot withdraw your order is where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
c. To withdraw your order you must notify Pavilion Broadway in writing at 58 High Street, Broadway, Worcestershire, WR12 7DT, or at firstname.lastname@example.org
d. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the Pavilion Broadway address at your own cost and risk, unless the goods were supplied faulty or damaged. If you withdraw your order but Pavilion Broadway has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to Pavilion Broadway address at your own cost and risk as soon as possible.
e. Once you have notified Pavilion Broadway that you are withdrawing your order, any sum debited to Pavilion Broadway from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
5. Availability of goods you order
If Pavilion Broadway has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Pavilion Broadway from your credit card will be re-credited to your account and Pavilion Broadway will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Pavilion Broadway will not be obliged to offer any additional compensation for disappointment or loss suffered.
Please note: we endeavour to bring our customers the best value we can, but please remember stocks are limited and subject to availability. We update our website as quickly as we can to minimise disappointment. The process of updating our website when goods have sold out can take a few hours to update. Please note that the price the goods are offered for tender are as displayed in the Shopping Basket.
6. Delivery of goods to you
a. Pavilion Broadway will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give Pavilion Broadway at the time you make your order. For goods delivered outside of the EU, the consignee (ie the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
b. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of despatch of the order. All delivery times quoted on Pavilion Website are estimates only, based on availability, normal processing and delivery companies.
7. Customs charges
If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Pavilion Broadway has no control over additional charges in relation to customs clearance. Pavilion Broadway recommends that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
8. Liability and Returns
This is as follows:
a. If the goods Pavilion Broadway delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Pavilion Broadway will exchange or take return of the goods provided you notify Pavilion Broadway of the problem within 2 working days of delivery of the goods in question. After the 2 working day deadline has passed Pavilion Broadway has no liability whatsoever for defective or damaged goods or those of an incorrect quantity.
b. If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, Pavilion Broadway shall have no liability to you unless you notify Pavilion Broadway in writing at the Pavilion Broadway address of the problem within 40 days of the date on which the goods were despatched to you.
c. If you notify a problem to Pavilion Broadway under this condition, Pavilion Broadway’s only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question.
d. Pavilion Broadway will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Pavilion Broadway under this condition and Pavilion Broadway shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
e. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Pavilion Broadway’s liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
9. Force Majeure
Pavilion Broadway shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
If any part of these conditions is unenforceable (including any provision in which Pavilion Broadway excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Please contact Pavilion Broadway as soon as possible, should any complaint arise, we will be more than happy to answer any of your queries or resolve a complaint.
12. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
13. Entire Agreement
These terms and conditions, together with the current Pavilion Website prices, delivery details and Pavilion Broadway's contact details, set out the whole of our agreement relating to the supply of the goods to you by Pavilion Broadway. These terms and conditions cannot be varied except in writing signed by Adrian Ewart the proprietor of Pavilion Broadway. In particular nothing said by any sales person on behalf of Pavilion Broadway should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Pavilion Broadway. Pavilion Broadway shall have no liability for any such representation being untrue or misleading.
The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Pavilion Broadway shall not be responsible for any detrimental reliance you place on our website or its contents.
Pavilion Broadway is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Pavilion Broadway makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Pavilion Broadway howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
Neither Pavilion Broadway nor any of its employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
The Pavilion Website and all materials and information thereon are provided on an "as is" basis. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the Pavilion Website. To the fullest extent permitted by law we will not be liable to Users for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence) out of or in connection with the viewing, use or performance of the Pavilion Website or its contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of Pavilion Broadway or our servants or agents, or any other person.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Our website may contain hyperlinks to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Pavilion Broadway.
16. Copyright notice
All design, text, graphics and the selection or arrangement thereof are the copyright of Pavilion Broadway, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Pavilion Broadway, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Pavilion Broadway is strictly prohibited.
17. Trade marks
Pavilion Broadway and the Pavilion Broadway logo are registered trade marks belonging to Pavilion Broadway. All other trade marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by Pavilion Broadway in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder's rights.
All notifications must be made by one or more of the following methods: an email to email@example.com, a telephone call where you notify an agent of Pavilion Broadway on 01386 853741 or a letter to the Pavilion Broadway address. Any postal letters must arrive at the Pavilion Broadway address within the notification period, to be effective.
We may alter these terms and conditions from time to time and post the new version on the Pavilion Website, following which all use of the Pavilion Website will be governed by that version.
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.
In these terms and conditions:-
‘Pavilion Website’ and ‘our website’ mean the Pavilion Broadway website (www.pavilionbroadway.co.uk; www.pavilionbroadway.com) Broadway’ means the business of Pavilion Broadway owned by Adrian Ewart whose trading address is 58 High Street, Broadway, Worcestershire, WR12 7DT.
‘Terms and Conditions’ means this terms and conditions policy
'working day' means every day of a calendar year apart from weekends and statutory and public holidays;
'us' means Pavilion Broadway and you together; and
‘User’ means you the person viewing and using the Pavilion Website
'working day' means every day of a calendar year apart from weekends and statutory and public holidays;
'you' and 'your' means the person ordering goods under these terms and conditions.