Terms and Conditions
Please read carefully the following terms & conditions as they set out the basis upon which you can visit and use the website. By accessing this website you are agreeing to be bound by these terms and conditions not only if you place an Order for any Product through the website but also if you are just visiting or using the website.
If you have any questions relating to these terms and conditions please contact us by e-mail at firstname.lastname@example.org or call us on +44 (0) 1702 606 291 between 9.00am and 6.00pm GMT.
These Terms and Conditions are in two parts, the first relating to the Use of the Website and the second dedicated to purchasing Products. The right is reserved to change these terms and conditions from time to time and you are advised to read through them each time that you use this website.
Any order generated by this website will be fulfilled by Havens with whom you will be contracting.
“Havens” means Nigel Havens, Paul Havens and Graham Havens together trading as “Havens Contracts”
“Conditions” means these terms and conditions and any special terms and conditions agreed between Havens and a visitor to this website or a Customer;
“Cookies” means small text files which our website places on your computer’s hard drive to store information about your shopping session and to identify your computer;
“Customer” a person who places an Order;
“EC” European Community;
“Information” Personal Information, User Information and any other data captured by us relating to a User;
“Order” a request to purchase a Product or Products;
“Personal Information” means the details provided by a User when you register with us;
“Payment” the amount shown in the total box on the checkout screen as due from you to us in respect of the Products you Order;
“Product” means a product which is shown on the website and is available to purchase from us;
“Product Description” means the description of an individual Product on the website;
“Return Address” Havens, 138/140 Hamlet Court Road, Westcliff-on-Sea, Essex SS0 7LW
“Special Order Product” a Product which is custom made and flagged in the ordering process or in a subsequent email as a Special Order Product;
“third party sites” websites owned by a third party;
“United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands;
“URL” means uniform resource locator which is the address of a file or content on the internet;
“User” means someone who visits the website whether or not that person makes or attempts to make a purchase of a Product;
“User Information” is information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on this website;
“We/us/our/ourselves” means Havens
“website” means the website located at www.chinacraft.co.uk or any subsequent URL which may replace it;
“You” means a user of this website, whether or not a Customer;
Where used in these Terms and Conditions, a reference to the singular includes the plural and vice versa and reference to any one gender includes all genders
Use of the website
This website is owned and maintained by Havens.
Except as otherwise appears, the contents of this website and all rights in and to this website are owned by or licensed to Havens. Any use of this website or its contents, including copying or storing it, in part or in whole, other than for your own personal, non-commercial use is prohibited without the prior permission of ourselves. You may not modify, adapt, alter, distribute or create derivative works of or from this website, in whole or in part.
Accuracy of Content
All reasonable precautions have been taken to ensure that the information provided within this website is accurate.
Third Party Links
Limitation of Liability
No liability for any loss or damage of any kind suffered by you arising directly or indirectly as a result of:
- your use of this website or of the information provided within this website;
- unauthorised access by a third party to any data you provide when accessing or ordering from the website;
is accepted save that nothing in these terms and conditions shall exclude or limit liability in relation to any damages arising from death or personal injury resulting from your use of this website to the extent that it is caused by either our negligence.
Damage to your Computer
All reasonable efforts will be made to ensure that this website is free from viruses and defects. However, no guarantee is given that use of this website or of any third party websites accessed through it, will not damage your computer or files programmes and information stored on your computer.
It is your responsibility that you ensure that all information with regards to your account is kept confidential. No responsibility is accepted for any loss or damage as a result of you not keeping all such information confidential.
You must not submit any messages to the site that are defamatory, offensive, menacing, abusive, obscene, racist, or likely to cause nuisance, offence or embarrassment, damage or inconvenience to either us or our customers, or are in any other way objectionable or illegal. The right is retained to reject any Order you may place and remove any such comments from any Order placed by you.
Suspension of site
The right is reserved to suspend your use of the website at any time to perform essential maintenance, change details and to remove any inaccurate or unauthorised material. The right is reserved to terminate your use of the website if you breach any of these terms and conditions.
This website is not intended for children and you are asked to ensure that no-one under the age of 18 submits Personal Information to us or uses this website
As a UK based website we endeavour to ensure that all Personal Information and User Information or “data” provided is handled in accordance with the 1998 UK Data Protection Act. We use technology that protects your Information as best we can (including credit card details) from unauthorised use or access. As you will be aware, no information transferred over the internet or wireless network can be guaranteed to be completely secure and there may be instances where your data travels internationally. By visiting or using our website you are authorising us to process your data in this way.
Information we specifically collect and how we use it
When you register on the website, you will be asked to input Personal Information. The information is your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
Also collected, and our third party providers of advertisements and content may collect, User Information. User information may be collected even if you do not register with the website.
As this site is monitored, it may capture other information about your visit.
Endeavours will be made only to use or disclose Information collected from you:
- for contacting you directly in relation to an Order placed by you;
- to enable your Order placed by you to be processed;
- for the purposes of improving the efficiency of the delivery service to you;
to other companies in the same group as us or to a third party or parties who acquires all or substantially all or part of our assets (this is because the information forms part of our assets) whether by merger acquisition reorganisation or otherwise. We are committed to working towards continually improving our services to our Users and in connection therewith to use or disclose the Information in the course of performing marketing and promotional activities and understanding the buying behaviour of Users. Save as set out above, we will not sell use or otherwise disclose, any Information we hold about you to any third parties unless you have provided us with your consent to do so.
When you create a shopping account while ordering online you will be given the option to receive information from us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line, e-mailing us at email@example.com or calling us on +44 (0) 1702 606 291 between 9am-5pm GMT.
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.
You should be aware that if requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Information, we are entitled to do so.
If you wish to receive a copy of your Information held by us or if you have any questions about the privacy policies, or the use of your Information, or if you simply wish to request a halt on using your Information in any way, please email us at firstname.lastname@example.org or write to our Internet Department as follows:
Chinacraft at Havens, 138/140 Hamlet Court Road, Westcliff-on-Sea, Essex SS0 7LW
Purchase of Products
In order to purchase a Product you have to enter into a contract with ourselves
The technical steps required to create the contract between you and ourselves are as follows:
- Having decided which Product or Products you wish to purchase, you will be guided through the process of placing an Order by a series of simple instructions on the website.
- If you choose to order by telephone, these terms and conditions will nonetheless govern the contractual relationship between us.
- Once we have received your Order, we will send you an order acknowledgement email detailing the Products you have ordered. This is not an order confirmation or order acceptance.
- We may choose whether or not to accept your Order at any time up to completion of our contract. If we send you a non acceptance e mail it means that we do not accept your Order. Reasons why we might not accept an Order might include but are not limited to:
- our inability to source the Product at a reasonable price or within a reasonable time period;.
- our inability to obtain authorisation for your Payment;
- a pricing or Product Description error;
- your failure to meet the eligibility criteria set out in these terms and conditions.
- If we do not send you a non acceptance email, and if the Products are not in stock, we will email you to let you know this and to give you an indication of when we expect to be in a position to dispatch your Order.
- If you have paid by cheque or bankers draft we will bank your cheque or draft giving sufficient time for it to clear, or if you are paying by credit or debit card, we will take Payment from your card shortly, in each case, before we despatch the Products you have ordered from our warehouse.
- Once dispatched we will send you a despatch confirmation email which will enable you to track your Order should you so wish.
- Completion of the contract between us will take place on the despatch to you of the Products you have ordered.
- If your order is for a Special Order Product our contract will be concluded when we send you an email confirming that we have accepted your Order and we take from you one half of the Payment. This is non-refundable.
- Provided that your Order is not for a Special Order Product or for pierced jewellery, you may choose to cancel your Order in accordance with the provisions set out in the section below headed “Contract Cancellation and Returns”.
- If you order a large volume of product that requires especially ordering or making by the factory we will ask you for a non refundable deposit. This is normally 50% of the value. We will always email you for this request and at this stage you have the opportunity to cancel the order or proceed. Once you have agreed to these special terms then should you wish to cancel the order the deposit paid will be forfeited to cover costs. We will not take any deposit until you agree in writing confirming and agreeing to the terms of the contract.
If you do require any information regarding Orders you have placed with us please email or write to us at the following address: email@example.com
Customer Services, Chinacraft at Havens, 138/140 Hamlet Court Road, Westcliff-on-Sea, Essex SS0 7LW
If the Products are delivered within the EC, save where the Product is a Special Order Product or an item of pierced jewellery, you are entitled to cancel this contract if you so wish by giving us notice in writing at any time up to the end of the seventh working day after the day on which the Product is delivered. You do not need to give us a reason for cancelling nor will you have to pay any penalty. This does not apply to specially ordered products as detailed above.
We should be grateful if following your notice of cancellation, you would return the Product to us at our Returns Address. Please note that the cost of returning the Product to us is at your cost and the Product remains at your risk until received by us. A full refund will be given within 30 days of cancellation provided that the Product is returned to us in the saleable condition in which it was delivered to you including original presentation/gift boxes (where applicable) and subject to your meeting the costs of returning the Product to us. If you fail to pay the costs of delivery or fail to return the Product to us, we shall be entitled not only in the latter case to collect the Product but also to deduct our costs from the amount to be re-credited to you.
For health and hygiene reasons we will not accept the cancellation of a contract to purchase or the return of any item of pierced jewellery
In the unlikely event that you receive a Product that is broken or faulty we will replace it free of charge. Items which are broken or defective on arrival must be notified to us in writing at the Returns Address within 3 days of receipt failing which we will have no liability to you.
We may request a photograph of the item and/or require the item to be returned to us. You must retain the broken or faulty Product and its packaging until we have settled the matter.
Please note that refunds to be made in respect of cancellations or returns can only be made to the original card of purchase or using the same method of payment. If this does not seem possible for some reason please do contact us by telephone to discuss whether there are any alternatives available to us.
Payment can be made by cheque, bankers draft, direct bank transfer, money order payable to Havens or by using any of the following cards: Visa, Mastercard, American Express, JCB. The amount will appear on your account as a charge in the name of Havens.We are also happy to accept payment by Paypal.
By offering a card for payment, you confirm that the credit or debit card being offered is yours. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to pay or does not for any reason authorise the Payment, we will not be liable for any delay in delivery or non-delivery of the Product.
Please note that we retain the legal ownership of all Products until full payment has been made by you and received by us.
If we make a refund to you in respect of any Product, legal ownership will revert to us.
Risk in a Product transfers to you upon delivery of the Product to you.
Delivery charges are calculated by a formula, which incorporates the volumetric weight, number of items and destination and will be displayed during the order process but occasionally due to the size or make up of your Order during the order process you may be advised that we will email you subsequent to your placing your Order with a quotation for the delivery charges.
We will not take payment until you have confirmed your Order in writing once we have advised you of the delivery charges.
Once we have acknowledged your Order, as soon as we are able, we will provide you with an estimated delivery date.
Inclusion of an item on our site does not necessarily mean it is in stock - please call or email for a physical check.
In the ordering process if your delivery address is within the UK you are able to choose your delivery option.
We use a courier (usually Parcelforce) for all overseas deliveries.
We will deliver the Product to the address you give us for delivery at the time you place your Order.
We will email you when the Product is dispatched.
If the Products you have ordered are not received within the expected delivery window, we suggest you use the facility to track your Order by going to the “order status/history” section of our Customer Services area using the details provided in our dispatch email.
When Products are delivered to you, the carrier normally requires proof of delivery by way of a signature. If there is no one in to receive the Products the carrier will normally leave a card. It is your responsibility to contact the carrier to rearrange delivery. Carriers will normally hold goods for 14 days only. If the parcel is unclaimed and returned to us we may at our discretion charge you for a subsequent re-delivery.
It is possible to specify where the Product should be left if you are out by putting a note in the special instructions box and giving “if out” instructions. You should be aware that giving us these instructions means that you acknowledge that the Product will be left as requested but entirely at your own risk.
Liability for non delivery
If you do not receive goods ordered by you within 20 days of the date of our dispatch confirmation email, we shall have no liability to you unless you make notification in writing at our Returns Address or by email to firstname.lastname@example.org of the problem within 30 days of the date of the dispatch confirmation email.
If you do notify us of non-delivery, our only obligation will be, at our option:
- to make good any shortage or non-delivery; or
- to refund to you the amount paid by you for the Products in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this paragraph and we 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 as set out above.
Description of products
Each Product purchased is sold subject to its unique Product Description
Accuracy of description
We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the website are correct at the time of publishing and that all Products have been fairly described including where possible by displaying the dimensions, capacities, compositions and colours of Products. However, as the actual colours you see will depend on your monitor, whilst all reasonable effort has been taken to display Product colours accurately, we cannot guarantee that your monitor’s display will accurately reflect this.
E&OE: With so many products on our website, the occasional error or inaccuracy in pricing, images, codes, sizing, dimensions, capacities and descriptions may occur. It is not in any way to mislead our customers and we would apologise in advance if there is inconvenience caused. In particular if sizing is critical please check with us to be sure. We reserve the right to remove from sale any item that is not correctly priced.
Errors and Omissions Excepted.
Gift vouchers & promotional discounts
Gift vouchers can be purchased and exchanged for goods only on line at www.chinacraft.co.uk.
Gift vouchers may not be exchanged for cash.
Gift vouchers can only be redeemed on line.
We are unable to accept gift vouchers as payment for telephone or mail orders. If the Products purchased online total less than the value of the gift vouchers, a new gift voucher will be issued in the same currency as the original voucher for the balance within the denominations of gift vouchers current at that time.
If you have to return goods you have purchased online using gift vouchers, we will issue you with another gift voucher of equal value. This does not affect your statutory rights.
Promotional discount codes offered on this website are valid only for use as part of a purchase made via www.chinacraft.co.uk unless otherwise stated.
All our prices are displayed including VAT and Customers ordering Products for delivery to an address within the EC will pay VAT. Customers ordering Products for delivery outside the EC are entitled to pay ex VAT prices. The amount of the Payment shown in the checkout screen will be adjusted and VAT deducted when the delivery address is completed during the order process.
If delivery is to a recognised shipping company who can provide satisfactory exemption documentation, you will not pay VAT and we will notify you during the ordering process if we have to invoice you subsequent to the placing of your Order
We regret that in line with regulations, we are unable to refund VAT on goods that are hand carried out of the EC.
Complaints & submission of information
If you wish to contact us to complain about any matter in regard to the merchandise, please email us at email@example.com or write to us at:
Chinacraft at Havens, 138/140 Hamlet Court Road,Westcliff-on-Sea, Essex SS0 7LW
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.
Compliance with laws
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from this website. The importation or exportation of certain Products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Products you purchase.
Proposition 65 in the State of California, USA
We make every effort to warn customers requesting delivery to the State of California about Products we sell which are covered under this legislation. An advice notice will appear during the ordering process and on the packing note accompanying the Products on delivery if we have received advice from manufacturers that a Product may contain sufficient lead levels to require the advice warning.
We do not accept any liability if for any reason we fail to warn of Prop65 status beyond accepting the return of the Products.
We will not accept return where we have warned of the lead content of the product.
Sale of Knives to persons under 18 years of age.
Under UK law we are prohibited from selling certain bladed Products to minors, i.e. persons under the age of 18. We will take all necessary steps to prove the age of purchasers’ of such items and we reserve the right to cancel any Order where we believe these rules may be breached without providing any further reason.
Unless otherwise expressly stated in these terms and conditions all notices from you to us must be in writing and sent by email to firstname.lastname@example.org or by post to our Returns Address and all notices from us to you will be displayed on our website from time to time.
Limitation of liability
Whilst we have taken reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. We make no representation as to functionality, accuracy or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your statutory right to cancel an Order placed.
We will not be liable to you, in contract, or tort (including, without limitation, negligence), or for any pre-contract or other representations made, other than fraudulent or negligent misrepresentations, or otherwise for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by you.
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Events Beyond our Control
We shall have no liability to you for any failure to deliver Products 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 our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to any agreement between us has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of our agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Severance and Survival
If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions each provision of which shall be construed as separately applying and surviving.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision contained herein.
These terms and conditions and any variation thereto that we agree to during the order process govern our relationship with you with regard to your use of the website and purchase of Products from us. You confirm that, in agreeing to accept the terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions.
Changes to legal notices
We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.
The terms and conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
These terms & conditions do not affect your statutory legal rights.