Terms and Conditions
TERMS OF SERVICE
2Som Ltd T/A Concrete and Wax is registered in England and Wales under company number 11340938. Our registered office is at Thatches, Mendlesham, Stowmarket, Suffolk IP14 5RR, United Kingdom
WEBSITE TERMS AND CONDITIONS OF USE
This agreement applies as between you the User of this website (the User or you) and 2Som Ltd T/A ‘Concrete and Wax’, the owner of this Website (us or we). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
This website and its content is copyright of 2Som Ltd. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only.
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without written permission other than where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. While our website is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors. You shall not use the website in any way which will damage it or interrupt its provision. You shall not use the website to transmit or post any computer viruses. Any unauthorised use of this website may lead to a claim for damages and/or be a criminal offence.
We cannot guarantee that the website is free from computer viruses, and you should take your own precautions in this respect. We will try to make sure that the website is always available. However, this is not always possible, and we are not liable if the website is unavailable. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of 2Som Ltd. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
TERMS AND CONDITIONS OF SALE
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions of Sale to make sure that they contain all that you want and nothing that you are not happy with.
These Terms and Conditions will apply to the purchase of Goods by you (the Customer or you) from 2Som Ltd T/A Concrete and Wax (the Supplier or us or we).
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Definitions and interpretation
In this Agreement, the following definitions are used:
Account: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
Carrier: any third party responsible for transporting purchased Goods from our Premises to customers Delivery Location;
Consumer: an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract: the legally-binding agreement between you and us for the supply of the Goods;
Delivery Location: the location where the Goods are to be supplied, as set out in the Order;
Goods: the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
Order: the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
User(s): any third party that accesses the Website and is not employed by 2Som Ltd and acting in the course of their employment;
Website: our website www.concreteandwax.com on which the goods are advertised.
Hours of operation
The Website allows for Orders to be made 24/7, however our opening hours for processing Orders, picking, packing and shipping and for all email and telephone communication are Mon-Friday 09:30-15:00. We are closed at weekends, bank holidays and over Christmas/New Year.
The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and by placing an Order with us you expressly agree to this.
Basis of sale
The description of the Goods on our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an Order Confirmation email from us. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation).
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Consumer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Due to the hand-crafted and hand-poured nature of our product, there may be slight variations in colour and natural surface imperfections. This should be considered as part of the design process and final aesthetic. We cannot guarantee that two concrete holders or candles will exactly match, however if purchased at the same time we will strive to match colours of concrete and wax as closely together as possible.
We endeavour to keep stock of all of our products, and an item displayed as available on our website should be available for immediate dispatch. If, for any reason, you are able to order the item through our website, but it is not available we will contact you immediately and inform you of a new delivery date based on manufacturing the product for you as soon as we can. You will have the option at this point to cancel the missing item(s) and receive a refund for the cancelled item(s). This refund will only include shipping costs if the full order is cancelled.
Pease note it takes approximately 20 days to make and dry a concrete holder and 5 days to make a candle from start to finish. If you order happens to include both items out of stock then we will ship them together as soon as they are ready for despatch.
When you purchase Goods on this Website or use the enquiry form facilities you have the option to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
a. all information you submit is accurate and truthful;
b. you have permission to submit Payment Information where permission may be required; and
c. you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. 2Som Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact 2Som Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, 2Som Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
Price and payment
The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
You must pay by submitting your credit or debit card details with your Order. All payments (and refunds) are handled by Shopify Pay or PayPal.
We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
For more detailed delivery information see our Deliveries & Returns Policy
If Goods are being ordered from outside 2Som Ltd’s country of residence (United Kingdom), import duties and taxes may be incurred once your Goods reach their destination. 2Som Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and 2Som Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
There are, unfortunately, times when delivery fails to meet expectations. In these circumstances we will do our utmost to find out where the package has gone astray and keep you fully and promptly informed.
Risk and title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights as set out below.
Your cancellation rights
As you have made an order on-line and, as such, this is a distance Contract you may, in accordance with the Consumer Contracts Regulations 2013, cancel your order and obtain a full refund (or exchange) within 14 working days from delivery. If you wish to cancel your order, please email to firstname.lastname@example.org quoting your order number and informing us of your decision to cancel this Contract by a clear statement setting out your decision.
These Cancellation Rights, however, do not apply, to a contract for Goods that are made to your specifications or are clearly personalised.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, upon receipt of the returned Goods, we will refund to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature and characteristics of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
We really hope that you are satisfied with your order. If, however, you need to return an item please register your return here within 7 days of receipt of the goods and wait for our response before returning the goods. We will contact you by email to discuss the condition of the goods you wish to return.
For non-faulty Goods your return should be within 14 days of receipt and returned items should be in perfect, unused condition. You agree that you will have to bear the cost of returning the Goods.
Please inform us of any item that is received damaged within 3 days of receipt. Photographic evidence of damage is required (item itself and, where applicable, outer packaging damage).
Please ensure that all returns are securely packaged when returned. The items must be returned in the same condition in which they were received. Any items received by you that are undamaged but which are returned to us that arrive damaged will not be refunded.
When you return or exchange your parcel, please retain your proof of postage in order to provide proof to us that you have shipped the Goods to us, in the unlikely event that we do not receive the returned parcel. We cannot accept liability for returned Goods lost in transit if there is no proof of postage. If the package is lost or stolen, you are responsible for claiming compensation from the courier responsible.
If we reasonably believe the returned Goods have been used you will not be entitled to a refund. You will be responsible for arranging for the delivery of your returned Goods back to yourself within 28 days of our receipt of your returned Goods.
Timing of refund
We will make the refund without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If no Goods were supplied we will make the refund without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
Refunds will be made using the same means of payment as you used for the initial transaction.
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
a. be of satisfactory quality; and
b. conform to their description.
Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
Limitation of liability
To the maximum extent permitted by law, 2Som Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
In the event you have a complaint regarding a product purchased from 2Som Ltd please contact us at email@example.com
Law and jurisdiction
The Contract (including any non-contractual matters) is governed by the law of England and Wales and, 2Som Ltd and You agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.