Version number: 1
Effective date: 9th September, 2019

  1. Who we are
    1. We are E & A Stuart Restoration Limited trading as “Edward Stuart”. Our company information is at the end of this document.
  2. What this is all about – introduction to our terms and conditions
    1. These are our terms and conditions which apply when you use our services.
  3. Definitions used in this document (in capitals)
    1. “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
    2. “Goods – the goods which you provide to us for Repair.
    3. “Repair” – repair and/or restore as applicable.
  4. Contracting with us
    1. There are potentially two contracts between you and us.
    2. The first contract is for us to inspect the Goods and provide you with an indicative price for the Repair. Unless otherwise agreed, there is no charge for this service. We will endeavour to provide the indicative price within 30 days days of obtaining the Goods. If you do not accept the indicative price within the period we specify days, then the price lapses and we will return the Goods within a reasonable period by the means agreed.
    3. If you accept the indicative price within the above period, then there is a Repair contract for us to carry out the Repair at that indicative price. However, we reserve the right to revise the price after we have carried out a detailed examination of the Goods. If you do not accept the revised price within the period we specify, then the contract ends without any Repair obligation on our part and we will return the Goods within a reasonable period by the means agreed. Otherwise the contract continues on the basis of the revised price.
  5. Our possession of the Goods
    1. Unless otherwise agreed, we will arrange to collect the Goods from you at our expense.
  1. Unless we otherwise agree in writing: (a) we are not responsible for any loss or damage to the Goods while in our possession ; and (b) it is your responsibility to insure the Goods against all loss and damage which might arise while the Goods are in transit to or from us and while they are in our possession.
  1. Payment
    1. If you accept either the indicative price or the revised price, you agree to pay this at the time of the return of the goods, or by previous arrangement.
  • Unless otherwise stated, any applicable VAT or sales tax is included in any price provided. If any amount due to us is unpaid, or unjustifiably charged back, we are entitled to end this agreement immediately on written notice without affecting any of our other legal rights.
  1. Consumer right to cancel (“cooling off”)
    1. If you are a Consumer, you have the right to cancel either contract with us subject to the provisions set out below.
    2. You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.
    3. If you do have the right to cancel, please see the instructions at the end of this document.
  2. Our Repair services generally
    1. We will supply our Repair services with reasonable care.
    2. Any timescale for completion of Repairs is an estimate only. We will use reasonable endeavours to complete the Repairs within such estimated period but do not guarantee to do so.
    3. Due to the age of the Goods, we cannot guarantee that any Repairs will be successful.
  3. Liability – restrictions on our legal responsibility (IMPORTANT)
    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
    2. The following clauses apply only if you are a Consumer:
      • We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
        1. there is no breach of a legal duty owed to you by us or by any of our employees or agents;
        2. such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  • such loss or damage is caused by you, for example by not complying with this agreement; or
  1. such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
  • You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
  • The following clauses apply only if you are not a Consumer:
    1. Our total aggregate liability of any kind (including for our own negligence) is limited to the price agreed for our services, if applicable.
    2. In no event (including for our own negligence) will we be liable for any:
      • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
      • loss of goodwill or reputation;
      • special, indirect or consequential losses; or
      • damage to or loss of data

(even if we have been advised of the possibility of such losses).

  1. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
  2. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  3. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
  1. Events outside our control
    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control.
  2. Your personal information – our privacy policy applies
    1. You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy policy on our website which is subject to change from time to time.
  3. English law and courts
    1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
  4. General but important stuff
    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
  5. Complaints
    1. If you have any complaints, please contact us via the contact details shown below.
  6. Our company information
    1. Company name: E & A Stuart Restoration Limited
    2. Trading name: “Edward Stuart”
    3. Country of incorporation: England and Wales.
    4. Registered number: 06780613
    5. Registered office: Farriers Barn, Main Road, Curbridge, Oxfordshire, OX29 7NT, UK.
    6. Trading address: Stanhope Cottage, Main Road, Curbridge, OX29 7NT, UK
    7. Contact email address: edward@edwardstuart.co.uk
    8. VAT number: 448529 124

 

RIGHT TO CANCEL (“COOLING OFF”)

The following applies if you have the right to cancel either contract with us (as explained above):

Right to cancel

  1. You have the right to cancel either contract with us within 14 days without giving any reason.
  2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
  3. To exercise the right to cancel, you must inform us E & A Stuart Restoration Limited, Stanhope Cottage, Main Road, Curbridge, OX29 7NT, UK, email edward@edwardstuart.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
  4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  5. Effects of cancellation: If you cancel the contract, we will reimburse to you all payments received from you.
  6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
  7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

 

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To E & A Stuart Restoration Limited, Stanhope Cottage, Main Road, Curbridge, OX29 7NT, UK, email edward@edwardstuart.co.uk:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date

[*] Delete as appropriate