Terms & Conditions

This site is owned and operated by The Blacksmith Collection Ltd of West Park, Kings Nympton, Umberleigh, Devon, EX37 9TN, UK (the ‘Company’). If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@blacksmithcollection.com or 01769 580004.

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

Definitions
Conditions – means these terms and conditions
Product – means a product displayed for sale on the Website
Users – means the users of the Website collectively
Personal Information – means the details provided by you on registration
We/us – means The Blacksmith Collection Ltd
Website – means the website located at www.blacksmithcollection.com (or any subsequent URL which may replace it) and the associated Shopify website.
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
United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
You – means a user of this Website or the buyer of the Product, as applicable.

Use of the website

Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by email.

Indemnity
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 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.

Our rights
We reserve the right to:

modify or withdraw this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change the Conditions from time to time, and your continued use of the Website or any part of it following such change shall be deemed to be your acceptance of such change.

It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Privacy and cookies
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

Processing your orders
To serve website content and advertisements to you
To administer this website
To contact you about leaving a review on a product once your order has been completed
If you consent, to notify you of products or special offers that may be of interest to you
Internal record keeping
To improve our products and services.

We do not collect or hold your payment card details, this is handled by secure payment gateways.

We may also collect, and our third party providers of advertisements may collect, 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 our website

When you create a shopping account while ordering online you will be given the option to receive information from The Blacksmith Collection Ltd about products, promotions or special offers which we feel may be of interest to you. If 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 e-mailing us at sales@blacksmithcollection.com or telephoning us.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time; if you do not accept Cookies, you will be unable to use this Website for shopping purposes, only for browsing and research.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003, GDPR or Data Protection Act 2018 (DPA 2018).

Unless it's necessary for operational reasons (for instance for the delivery of an order) we do not disclose your details to third parties. We do not sell, rent or exchange customer details for marketing purposes.

Delivery photography: If one of our Delivery Partners attempts to deliver an order to your address and finds there's no-one available to receive it, we reserve the right to take a photograph of the outside of the property to assure you we were in the right geographical location to fulfill your order, and confirm we had located the correct address. We can assure you that this photograph won't be published or circulated, or used for any other purpose other than verification, and that it's held securely in compliance with Data Protection legislation.

Purchase of Products

Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Product descriptions
Descriptions of Products shown on the Website include approximate measurements. Colours shown on screen are reproduced as accurately as electronic processes allow. We try to ensure that our Website is as accurate as possible. However, we cannot be held responsible for any inaccuracies or errors which may arise.

All our prices are shown in pounds sterling and include VAT, at the prevailing rate. Delivery charges are additional to the cost of your Products.

Contract creation
The technical steps required to create the contract between you and us are as follows:

You place the order for your Products on the Website by completing the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send you an order acknowledgement e-mail detailing the Products you have ordered. This is not an order confirmation or order acceptance.
When your order is despatched from our workshop we will send you a despatch confirmation e-mail.
Order acceptance and the completion of the contract between you and us will take place only on the despatch to you of the Products.

Acceptance of your order
We do not have to accept your order and reserve the right to refuse or cancel any order once it has been placed. This may be done, for example, if:

your payment is not authorised or has been marked as fraudulent, or potentially fraudulent, by the payment system;
payment has been made using a card not issued in a country we dispatch to, or not where the billing address is;
there is an error on the website regarding the price or description of a product;
the items ordered are no longer in stock or in production;
you have not selected the correct delivery option for your shipping location (in this case we will contact you to try to rectify the problem)
we have tried contacting you about your order and have not heard back within a reasonable period of time; or
if the items you have ordered are unavailable for any other reason, you will be notified as soon as possible.

By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorised to use the card on which payment was made.

Force majeure
We are not liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond our reasonable control. This does not affect your statutory rights.

Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:

You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.

Please note that you do not have a right to cancel an order if you are contracting as a business, or if you have previously inspected the Products. Neither do you have the right to cancel an order for bespoke items once we have started making them. Furthermore, your right to return Products does NOT apply to goods made to your specification (bespoke or made to measure). However, in the case of a made to measure pole, we can take back or cancel orders for standard components, such as the rings, finials and standard brackets.

If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. You can cancel by email: sales@blacksmithcollection.com, or call 01769 580004, or write to: The Blacksmith Collection Ltd, West Park, Kings Nympton, Umberleigh, EX37 9TN, U.K.

If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This does not include the cost of delivery if the order contains made to measure items.

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. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

Refunds and exchanges
We'll refund the price of the Product (and delivery charges, where applicable) or exchange the Product only once it's been received by us.

If you need to return or exchange an item please contact us by email or phone.

We are happy to pay carriage costs on any damaged products provided that we have agreed this with you before you send them back. Should you simply not like the goods and wish to return or exchange them our standard carriage costs will apply.

Please note that we will not accept returns of items cut to length, or made to measure, although there may be standard items supplied with the made to measure item which are eligible for return or exchange.

Where you are returning standard items supplied as part of a package with a made to measure item, we will refund the amount that you were charged for those items as part of the package. This may be less than the list price for buying the items individually, as a package discount may have been applied.

We can quote for collection by our courier, but this can be expensive as we are charged for both the collection and delivery. You may wish to return items by post, in which case we recommend that you use an insured form of postage.

Please make sure that you enclose details of your original order and your requirements for the return or exchange.

Products should be returned in their original packaging and in fully resaleable condition.

Whilst we try to be flexible with returns, we reserve the right not to refund or exchange any products returned more than 3 months after purchase.

Our usual refund policy does not apply to made to order products, which cannot be returned or exchanged unless faulty. We can, however, provide an exchange or refund for any standard items within a made to measure order.

None of the above affects your statutory rights when goods are faulty or not as described.

Delivery & delivery charges
If you wish to return any goods, you will be liable for the cost of return delivery. We will, however, refund any delivery charge you've paid when a product is found to have been damaged, faulty or incorrect due to our fault, but not otherwise.

Delivery charges vary according to the type of goods ordered. Our delivery charges are set out in our website. You will may be required to pay extra for delivery of certain items and it might not be possible for us to deliver to some locations.

We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence.

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

Description of Products
We will take all reasonable care to ensure that all details regarding Products appearing on the Website are correct at the time when the information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy. Any weights, dimensions and capacities given about the goods are approximate only.

General

Intellectual property
You acknowledge and agree that all copyright, trademarks and other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

You are granted a licence to download, store, view, edit, use, reproduce, copy, print, any material contained in this website for your own personal purposes.

You are not permitted to:

republish material from this website (including republication on another website, except to promote our Website or Products through your social media channels, such as Facebook and Twitter);
sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from the website and any material or any part thereof for use by any third party;
exploit material on our website for a commercial purpose;
use any material in any way that is unlawful or in breach of any person's legal rights under any applicable law.

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.

Limitation of liability
While we will use 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 site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, 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 Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions 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 that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what John Lewis and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these 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. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law
The 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 in relation to any dispute arising out of these Conditions, your use of the Website or your purchase of any Products.

Our company details are:
The Blacksmith Collection Ltd
Registered Office: West Park, Kings Nympton, Umberleigh, EX37 9TN
Registered in England & Wales as Company No. 4539557
VAT No: GB642307462