This site is operated by Matthew Burt Ltd. By using or accessing the Matthew Burt Ltd website, you agree to be legally bound by these terms and conditions.
Our furniture is only available from Matthew Burt Ltd online and in person at our showroom. Your contract is with Matthew Burt Ltd and our Terms and Conditions of Sale will only apply. In the event of any queries or problems, please contact showroom(@)matthewburt.com in the first instance and we will do all we can to help you.
1. Terms of Website Use
1.1 Your use of our site is governed by these Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
1.2 We make no representations or warranties of any kind, whether expressed or implied, with respect to this website, its content, or the information available on or through it. This is provided “as is”. Except as otherwise provided by applicable laws, we and the directors, officers, employees, agents, contractors and successors will not be liable for any damages arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other such damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
1.3. Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk.
1.4 Articles and content published on this site do not necessarily represent the views of Matthew Burt Ltd. Whilst we attempt to be accurate in our postings, no liability will be accepted for any inaccuracies therein or for anything that misleads. To the maximum extent permissible by law, we exclude all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website.
1.5 Any comments posted by third parties do not represent the views of Matthew Burt Ltd. We will do our best to remove any content that we view as offensive, abusive, defamatory or infringers any rights. If you notice any such comments, please notify us immediately for us to investigate it further. To the fullest extent possible in law, Matthew Burt Ltd will have no liability for any such content.
1.6 Images of our furniture are protected by intellectual property rights. Photo credits: Jon Stone Photography www.stonephoto.co.uk, Adrian Wroth www.adrianwroth.com and Ikon Studios. Please contact the team to confirm usage or IP rights. Other images may also be protected by intellectual property rights.
2. Data Protection Policy
2.1 We only use your personal information in accordance with our Data Protection Policy. Please take the time to read the following, as it includes important terms which apply to you.
2.2 Matthew Burt Ltd operates in accordance with the General Data Protection Regulation (2018) “GDPR”.
2.3 Personal data is processed in accordance with GDPR. Please see further details, including the contact details of the data controller in section 5.
2.4 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
2.5 We may collect, use, securely store and transfer different kinds of personal data about you which we have grouped together as follows.
(i)Identity Data including title, first name, last name.
(ii)Contact data including email address, home address, billing address and telephone numbers.
(iii)Financial data including bank account and payment card details
(iv)Transaction data including payments to and from you and details of Products you have purchased from us.
2.6 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose such as marketing. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.
2.7 This website is operated in the UK under the laws of England and Wales, which govern claims relating to, including the use of, this website and the materials contained therein. If you choose to access this website from outside England and Wales you do so at your own risk and hereby agree that in the event of a dispute between Matthew Burt Ltd and you, the laws of England and Wales will apply at all times.
3.1 A cookie is an element of data that a web site can send to your browser, which may then store it on your system. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our web site.
3.2 If you wish, you can usually adjust your browser so that your computer does not accept cookies. If you do this, you will still be able to browse around the site but any functions that allow you to add items to a basket, set up a new account or access an existing account may not be available. Alternatively you can adjust your browser to tell you when a website tries to put a cookie on your computer. How you adjust your browser to stop it accepting cookies or to notify you of them, will depend on the type of internet browser programme your computer uses.
3.3 Please remember, cookies do not contain confidential information such as your home address, telephone number or credit card details.
3.4 Your browser also generates other information, including which language the site is displayed in, and your Internet Protocol address (“IP address”). An IP address is a set of numbers which is assigned to your computer during a browsing session whenever you log on to the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our web sites. We do not use your IP address to identify you personally.
3.4 Cookies in use on the Matthew Burt website include those from Google Analytics.
4.1 The purpose of this statement is to set out how we use personal information we may obtain about you. By registering as a user of the services provided by Matthew Burt Ltd and by using the Matthewburt.com site generally you agree to this use. Matthew Burt Ltd are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the United Kingdom Data Protection Act 2018 and General Data Protection Regulations 2018). We collect information about you to provide you with the best possible service. It will always be clear when you are giving us this information. Changes in UK privacy laws as a result of the UK exiting the European Union will be updated and reflected on this website in due course.
4.2 We may inform you (by email, mail or otherwise) about products and services that we consider may be of interest to you. If you do not wish Matthew Burt Ltd to use your information for marketing purposes, please opt-out by contacting showroom(@)matthewburt.com or opting out/unsubscribing via our newsletter.
4.3 The type of information we will collect about you may include your name, address, phone numbers, and email address. We will never collect sensitive information about you without your explicit consent.
4.4 In order that we can monitor and improve the site, we may gather certain information about you when you use it, including details of your domain name and IP address, operating system, browser version and the website you visited prior to our site.
4.6 We may use the information you provide:
– To process your order and administer your account.
– To register you with our website and to administer our website services.
– For assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services we offer and to enable us to provide you and other customers with relevant information through our marketing programme. We may use your information to make decisions about you using computerised technology, for example, automatically selecting products or services, that we think will interest you from the information we have.
4.7 We do occasionally make names and addresses available to companies to administer any prize draws or competitions you may enter upon your explicit consent.
4.8 If at a later date you wish to opt out of receiving marketing information from Matthew Burt Ltd, you can unsubscribe by sending an email to showroom@Matthewburt.com with ‘unsubscribe’ in the subject field or update your preferences via our newsletter accessed from any mailing you have received from us.
4.9. We may give information about you to the following, who may use it for the same purposes as set out above:
– To employees and agents of Matthew Burt Ltd to administer any accounts, products and services provided to you by Matthew Burt Ltd now or in the future.
– To agents who profile your data so that we can tailor the goods/services we offer to your specific needs.
– We may also disclose your information:
- To anyone to whom we transfer or may transfer our rights and duties under our agreement with you.
- If we have a duty to do so or if the law allows us to do so.
4.10 We endeavour to take all reasonable steps to protect your personal details. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
4.11 Your rights:
- You have the right to access any personal data (as defined by GDPR) we keep about you – upon receipt of a written Subject Access Request. We reserve the right to charge a reasonable fee for the administrative costs of complying with a request.
- You have the right to rectify any data we keep about you that you believe to be inaccurate. If you are concerned that any of the information we hold on you is incomplete or inaccurate please contact us to update it.
- You have the right to request our company erase your personal data, under certain conditions.
- You have the right to request that our company restrict the processing of your personal data, under certain conditions.
- You have the right to object to processing of your personal data, under certain conditions.
- You have the right to request a transfer or port of your data that we have collected to another organisation, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact the data controller as given in section 4.15
4.13 We collect personal information about you when you give it to us directly. We safely store identifying information such as your name, email and/or postal address and telephone numbers. This information is stored on company computers which are password protected and encrypted. We never share or sell your details with other organisations or store credit card details.
We use this information to send you newsletters to inform you about forthcoming events, special offers and any other information about our work that we consider would be of interest to you.
We use MailChimp to deliver our newsletter and email marketing campaigns. We gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve our digital marketing.
For further information see the MailChimp GDPR policy.
4.14 Links to external websites
4.15 Privacy access and support
You can ask us at any time whether we hold personal data about you, and review, update or delete your existing data by contacting our data controller Celia Burt.
Post: Matthew Burt Showroom, High Street, Hindon, Salisbury, Wiltshire SP3 6DR
Telephone: 01747 820 511
4.16 Report a complaint
Should you wish to report a complaint, or feel our Company has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s Office.
5. Intellectual Property
5.1 Matthew Burt Ltd is constantly creating new designs working with our in-house makers and designers to develop new and exciting furniture.
5.2 We invest considerable energy, experience and skills into our designs and as a result we value our intellectual property and will take all necessary steps to protect it, including making full use of both registered and unregistered rights. Therefore, all content on this website including but not limited to copy, images and graphics is the intellectual property of Matthew Burt Ltd.
Terms & Conditions of Sale
This page provides you with important information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on matthewburt.com to you.
The Terms apply to any contract between us for the sale of Products. Please take the time to read these carefully to ensure you understand them prior to ordering any Products from matthewburt.com
We reserve the right to amend these Terms from time to time. As such, whenever you wish to order a Product, please check these terms to ensure you agree to the terms which apply at the time of ordering. (Last updated 30.NOV.2020) See clause 5 for further details.
These Terms, and any Contract between us, are only available in the English language.
1. Information About Us
1.1. We operate the website http://matthewburt.com. Matthew Burt Ltd is a company registered in the UK (Company number 07551359) registered office Matthew Burt Showroom, High Street, Hindon, Salisbury, Wiltshire, SP3 6DR.
1.2. To contact us as a customer;
i)The easiest and fastest way to contact us is via email showroom(@)matthewburt.com. Alternatively, you can contact the studio by post to Matthew Burt Showroom, High Street, Hindon, Salisbury, Wiltshire, SP3 6DR.
ii)To contact us for any other reason, including complaints or concerns, please call us on 01747 820511 so we can help you further.
iii)If we need to contact you for any reason, we will do so by email or post to the address provided in your order details.
1.3. To contact us as a business;
(i) You may contact us by telephoning us at 01747 820511 or by e-mailing us at showroom(@)matthewburt.com
2. Information about our Products
2.1. Whilst we have made every effort to display the colours of any Products accurately, we cannot guarantee that your device or computer’s display will accurately reflect the true colour of the Products. The images of the Products on our site are for illustrative purposes only and your final Products may vary from those images due to the nature of natural wood and chosen finish.
2.2. Each Matthew Burt Ltd piece is handmade in our Wiltshire workshops. Whilst we have made every effort to be as accurate as possible, the very nature of handmade wood furniture (Products) is that there may be some variation in the final product. Due to the nature of the internet, information regarding specifications, products or prices may not contain up to date information, accordingly all information is non-binding and no liability is accepted arising from any errors therein.
2.3. Product packaging may vary.
2.4 We reserve the right to amend the specifications, colour or materials of any product featured on this site without notice, or to withdraw products without notice.
2.5 We cannot accept any liability for any particular material detailed on the website, or as a result of any use of or reliance placed upon the information contained on this website.
3. If you are a Consumer
Applies to consumers only:
3.1. You must be at least 18 years old to purchase a Product from our site as a consumer or have permission from a parent or guardian.
4. If you are a Business Customer
Applies to business customers only:
4.1. By placing an order through our website, you confirm that you have authority to bind any business on whose behalf you purchase Products.
4.2. These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4.4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
5. How the contract is formed between you and us
5.1. Our website and shopping pages will guide you through the steps needed to place an order with Matthewburt.com. The order process allows you to check and amend any errors prior to submitting your order. Please ensure you carefully read and check through your order at each stage of the order process.
5.2. Once you have placed an order, you will receive an email confirmation from us acknowledging receipt of your order. Please note this email does not mean that the order has been accepted. Acceptance of your order will take place as described in clause 5.3
5.3. Upon acceptance of your order, we will send you an email that confirms the order is being processed and Product(s) are being created, at which point the Contract between us will be formed.
5.4. Upon completion of your order, you will receive a Completion email containing your Dispatch Confirmation and information from the courier about delivery of your Product.
5.4. If a product is no longer in stock, is unavailable, displays an error in price, or we cannot meet any requested delivery date, we will inform you of this via email and will not process your order. If you have already paid for these Product(s), we will refund you the full amount including any delivery costs charged as soon as possible.
6. Our Right to Vary These Terms
6.1. We reserve the right to vary or amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2. Each and every time you order Products from matthewburt.com, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3. We may amend these Terms as they apply to your order from time to time to reflect the following circumstances:
(i) changes in relevant laws and regulatory requirements; or
(ii) changes in circumstances relevant to us.
6.4. If, for any reason, we have to revise these Terms as they apply to your order, we will contact you to advise you of these changes as soon as possible. We will advise you of how to cancel the Contract if you are unhappy with the changes, and you may cancel either all of the affected Products or just the Products you have yet to receive. Should you choose to cancel, you will have to return any relevant Products you have already received. Upon receipt of the returned goods in the condition they were delivered to you, we will arrange a full refund of the price you have paid, inclusive of any delivery charges.
7. Your Consumer Right of Return and Refund
Clause 7 only applies if you are a consumer.
7.1. As a consumer, you have a legal right to cancel an order for Gifts and Smalls under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (2013) during the period set out below in clause 7.3. If you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the order during the relevant period and receive a full refund. For further advice about your legal right to cancel the order, please contact your local Citizens’ Advice Bureau or Trading Standards office.
7.2. This cancellation right does not apply in the case of bespoke, made to order or customised product orders which are non-refundable at the point of purchase.
7.3. Your legal right to cancel an order starts from the date on which we e-mail you to confirm our acceptance of your order (see clause 5.3) which is when the Contract between us is formed, except in the case of bespoke, made to order or customised product orders as detailed in clause 7.2.
7.4 The deadline for cancelling the Contact will then depend on what you have ordered and how it is delivered, as detailed below:
7.4.1 Contract for a single product (not delivered in instalments or on separate dates)
Contract end date: 14 days after the day on which you receive the Product.
Example: We provide you with an order acceptance email on 1st January. The product is delivered on 5th January. You may cancel any time between 1st January and 5 PM on 19th January.
7.4.2 Contract for multiple products delivered in instalments on separate days OR one product which is delivered in instalments on separate days.
Contract end date: 14 days after the date on which you receive EITHER the last instalment of the Product OR the last of the separate Products ordered.
Example: We provide you with an order acceptance email on 1 January and you receive the first instalment of your Product or the first of your separate Products on 5th January and the last instalment or last separate Product on 10th January. You may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 24th January. 24th January is the last day of the cancellation period in respect of all Products to arrive during the year.
7.5 To cancel a contract, please let us know as soon as possible that you have decided to cancel. The easiest and fastest way to do this is to email us at showroom(@)matthewburt.com. Please include your order reference number in your correspondence to help us identify your order. Upon receipt of this email, we will respond within two working days to confirm we have received your cancellation, and your cancellation will be effective from the date you send us the email.
7.6 If you cancel your Contract for Gifts or Small Products we will:
7.6.1 Refund you the price you paid for the Products. Please note, by law, we are permitted to reduce your refund to reflect any reduction in the value of the goods caused by your handling or treating them in a way which would not be permitted in the Matthew Burt studio. Your refund will be issued upon receipt and inspection of the Products.
7.6.2 Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, we will only refund what you would have paid for the cheaper delivery option.
7.6.3 Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
i) If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you. For information about how to return a Product to us, see clause 9.8;
(ii) If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
(iii) If we have collected the Product from you: 14 days after the day on which we collected the Product from you.
7.7 If you have returned the Products to us under this clause 7 because they are faulty or not as described (excluding variation as per clauses 2.1,2.2 or 2.3), we will refund the price of the Products in full, together with any applicable delivery charges.
7.8 Refunds will be made to the original payment card. If vouchers were used to purchase the Product, we may refund you in vouchers or in the form of credit or Product exchange.
7.9 If a Product has been delivered to you before you decide to cancel your Contract:
(i) You must return the Product to us no later than 14 days after the day on which you advise us you wish to cancel the Contract. You can send it back via delivery with our authorised carrier or return in store. Please return Products to Matthew Burt Studio, Lime Tree, Wylye Road, Hindon, Salisbury, Wiltshire SP3 6ER. Please email us at showroom(@)matthewburt.com for advice on printable returns labels and information about our authorised carrier and how to arrange a return.
(ii) You are responsible for the cost of returning the Products to us unless it is faulty or not as described (excluding variation as per clauses 2.1,2.2 or 2.3). If the Product cannot be returned via post, we estimate that if using the carrier who delivered the Product to you, the return costs should not exceed the original delivery charges.
7.10 As a consumer, you have legal rights in relation to Products that are not as described (excluding variation as per clauses 2.1,2.2 or 2.3) or are faulty. We are under a legal duty to supply Products that conform with this contact. These legal rights are unaffected by your right of return or refund in this clause or any other clauses within these Terms. Advice about your legal rights is available from the Trading Standards Office or your local Citizens’ Advice Bureau.
8.1 Within 14 days of our acceptance of your order, we or our courier will contact you with an estimated delivery date unless otherwise stated or advised upon ordering. On rare occasions, our delivery to you may be affected by events outside our control, and we will contact you as soon as possible to advise you of this. See clause 15 for our responsibilities to you in such an event.
8.2. We politely request that you ensure an authorised person over 18 years of age is available to take delivery of your Product. If no one is available at your address to take delivery, the Products will be returned to our premises. Please contact us to rearrange delivery. Unsuccessful delivery attempts may result in further delivery charges being applied.
8.3. We will consider delivery of an order to be complete when we have delivered the Products to the address supplied at the time of order. The Products will be your responsibility from that time onwards.
8.4. Once we have received payment in full, inclusive of delivery charges, you will own the Products.
This clause 8.5 only applies if you are a consumer.
8.5. You may cancel your Order straight away if any of the following apply:
(i) we have refused to deliver the Products;
(ii) you told us before we accepted your order that delivery within a particular deadline was essential, and we have been unable to meet said delivery deadline (taking into account all the relevant circumstances).
8.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.5, you can give us a new deadline for delivery. This new deadline must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.7 If you choose to exercise your rights to cancel under clause 8.5 or 8.6, you can do so for some or all of the Products, unless separating the Products would significantly reduce their value. If you have already taken delivery of the Products, you will have to return them to us or allow us to collect them at our cost. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery subject to clauses 7.6.1, 7.6.2 and 9.
9. Price of Products
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of Product(s) you ordered.
9.2. Prices for our Products may change from time to time, but changes will not affect any accepted Product order you have already placed.
9.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4. The price of a Product exclude delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
9.5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(i) If the Product’s correct price is less than the price stated on our site: We will charge the lower amount when dispatching the Products to you. If, however, the pricing error is obvious and could reasonably have been recognised by you as a mis-pricing, we do not have to provide the Product to you at the incorrect (lower) price; and
(ii) if the Product’s correct price is higher than the price stated on our site: We will contact you as soon as possible to inform you of this error. You will have the option of continuing to purchase the Product at the correct price or cancelling your order. Your order will not be processed until we receive your instructions. If we are unable to contact you using the contact details you provided during the order process, the order will be treated as cancelled and we will contact you in writing to confirm.
9.6 If you would like to pay a deposit instead of full price in excess (including grouped items) of £5000, please contact us to arrange.
10. Delivery Charges
10.1 The cost of delivery will appear at checkout once you have entered your delivery details. The cost is for one despatch, regardless of the size and number of items chosen and is based on the following:
10.2 All ‘Gifts & Smalls” are inclusive of delivery charges for mainland UK.
10.3 Please contact us at showroom(@)matthewburt.com for delivery charges for larger objects to mainland UK, Ireland, Scottish Isles and overseas.
11.1 Please note that we are not responsible for any import duties payable, but we may be able to advise on the likely costs.
11.2 Please also note that the recipient of the delivery may be contacted by local customs offices to help clear the goods.
11.3 Customs clearance procedures may delay the delivery of your goods, especially if the local customs office has difficulties getting in touch with the recipient. Matthew Burt Ltd accept no liability for any delays in delivery caused by customs or import issues.
11.4 To ensure smooth delivery, please make sure the delivery contact details are accurate and the recipient is expecting the parcel.
11.5 If you are sending the parcel to a third party, for example as a gift, please note that they will be responsible for clearing the goods through customs. Please ensure they are made aware of this and that the delivery details, especially the telephone number, are theirs and not yours.
12. How to Pay
12.1. You can pay for Products using a debit card or credit card.
12.2. Payment for the Products and all applicable delivery charges is in advance.
12.3. Our credit card processor is Stripe, PCI audited and certified.
13. Our Liability if you are a Business
This clause 13 only applies if you are a business customer.
13.1. We only supply the Products for internal use by your business. As such, you agree not to resell the Products.
13.2. Nothing in these Terms limits or excludes our liability for:
(i)death or personal injury caused by our negligence;
(ii)fraud or fraudulent misrepresentation;
(iii)breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(iv)defective products under the Consumer Protection Act 1987.
13.3. Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(i)any loss of profits, sales, business, or revenue;
(ii)loss or corruption of data, information or software;
(iii)loss of business opportunity;
(iv)loss of anticipated savings;
(v)loss of goodwill; or
(vi)any indirect or consequential loss.
13.4. Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount actually received by us from you in accordance with these Terms.
13.5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. Our Liability if you are a Consumer
This clause 14 only applies if you are a consumer.
14.1. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3. We do not in any way exclude or limit our liability for:
(i)death or personal injury caused by our negligence;
(ii)fraud or fraudulent misrepresentation;
(iii)any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv)any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(v)defective products under the Consumer Protection Act 1987.
15. Events Outside Our Control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(i)we will contact you as soon as reasonably possible to notify you; and
(ii)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16. Communications Between Us
16.1. When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2. If you are a consumer you may contact us as described in clause 1.2.
16.3. If you are a business:
(i)Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by recorded first class post or other recorded next working day delivery service or e-mail.
(ii)A notice or other communication shall be deemed to have been received: if delivered personally, when left in a pre-arranged location at our registered office; if sent by recorded first class post or other recorded next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(iii)In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(iv)The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Other Important Terms
17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing, except if you are a consumer and you have purchased a Product as a gift.
17.3. This Contract is between you and Matthew Burt Ltd. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.8. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).