This website is operated by Ormsby of Scarisbrick Ltd (referred to as “Ormsby/we/our/us/seller) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below (which includes any other important hyper linked sections e.g. Secure on-line shopping and Privacy Policy).
Please:
- read through these terms and condition carefully before using this website
- print a copy for future reference
- also read our Privacy policy section regarding your personal information
This section covers the following:
General
Silver surcharge
Accepting Web orders
Delivery Charges
Payment
Returns, cancellation, substitutions and approval goods
Intellectual Property
Liability and Indemnity
Miscellaneous Provisions
Caring of items after purchase
GENERAL
1. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
2. If you are not a customer, you confirm that you have authority to bind any business on whose behalf you use this website.
SILVER SURCHARGE
Prices for all solid silver to be taken as guidelines only. Prices for an individual item will be confirmed after initial order/enquiry.
ACCEPTANCE OF WEB ORDERS
Ormsby of Scarisbrick Ltd will treat all orders placed through the website as sales enquiries. We may need to make additional enquiries concerning requirements, delivery dates, addresses or payment terms before accepting enquiries as a firm order. Where payment by credit/debit card is requested, payment will not be applied for until the goods are about to be despatched, except by prior agreement.
DELIVERY CHARGES
UK Mainland
Where ever possible Ormsby of Scarisbrick Ltd will deliver your order via our own vans and drivers and if this is not possible, a carrier company will be used. The following conditions will apply:-
All consumable orders (including candles, votive lights, sanctuary lamps, wine, altar breads, charcoal and incense) over the value of £150 excluding VAT will be packed and delivered free of charge within the UK mainland using standard 48 hour carrier or will be delivered by our own van on one of our scheduled delivery routes. For consumable orders only under the value of £150 excluding VAT, carriage charges will apply.
Our carriage and delivery charges are as follows:
Our standard carriage charge applies to single parcels that weigh less than 10kg, these goods will be sent by 48 hour carrier at a minimum charge of £10.25 plus VAT per parcel or maximum charge of £12.75 plus VAT.
Our minimum postage charge is £3.75 plus VAT and this will be applied to any items that are suitable in size and weight (maximum 100g) to be sent via 'small packet or 'packet' post – sizes and weight above this will be subject to increments according to the Royal Mail price lists.
Large bulky or heavy items would normally be despatched by our own delivery vans. Despatch dates would be dependent on stock availability and the scheduled delivery dates for a particular area. If goods are required for a certain date, please ensure that this is stated when placing the order. In the event that delivery is required before the normal scheduled delivery date,
arrangements may be able to be made to despatch the goods by carrier, however this will incur additional carriage charges which will be quoted to the customer prior to despatch.
Delivery charges outside UK mainland
Please note that Northern Ireland, Isle of Man, Isle of Wight, The Channel Isles and the Highlands of Scotland may incur higher carriage charges due to their locations, confirmation of carriage charges should be requested prior to placing an order.
Next Day or Express Deliveries
Weight and size restrictions apply to this service. For stocked items that are of a suitable size and weight to be sent on a next day carrier service, an additional charge will apply.
Oversea Deliveries
We recommend that customers who wish goods to be despatched overseas should request a quotation of carriage prior to confirmation of an order.
Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us
PAYMENT
1. We take payment from your card at the time we have checked stock availability and checked your card details.
2. The price you pay is the price displayed on this website at the time we receive your order apart from the following:
- While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming you order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
- Unless otherwise specified, prices only include for the supply of goods and not for their fixing.
- All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates, but exclude delivery charges, unless expressly stated otherwise.
RETURNS, CANCELLATION, SUBSTITUTIONS AND APPROVAL GOODS
Returns
Goods should be examined on arrival and any damage or loss entered on the Carrier's note/reported to the Post Office or the Carrier's note should be signed “unexamined”.
In the unlikely event that you receive faulty or damaged goods, goods will be repaired or replaced free of charge, providing
a. The goods have not been used and have not been tampered with
b. The seller and Carrier are notified in writing of such damage, within 3 days of receipt of goods
In the event of non-arrival of goods, no claim will be entertained unless notification is given to the Seller, within 10 days from the date of the Seller's invoice.
Cancellation
Once manufacture has commenced, cancellation of items made to a Buyer's specific requirements will involve all manufacturing costs incurred up to the time of cancellation.
Substitutions
Sometimes the product specifications from the manufacture may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it within 14 days.
All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.
Illustrations, descriptions and dimensions, in the Seller's catalogues or website, although correct in general detail, do not constitute a sale by description. The Seller's policy is one of continuing improvement and the Seller reserves the right to vary or modify the design specification or finish without notice, unless written undertaking has been given to the contrary.
Approval
Items in stock will gladly be sent on approval. These will be charged upon despatch and credited, if returned in good condition within 14 day. We regret we cannot now make any article specially for 'approval'. Goods made in particular sizes, styles, materials or colours etc. must be regarded as firm orders. In view of ever increasing costs, it is regretted that carriage or postage must in future be charged on all goods sent 'On Approval'.
INTELLECTUAL PROPERTY
1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all time vested in us or our licensor's. You are permitted to use this material only as expressly authorised by us or our licensor's
2. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
3. For any requests for large scale work, involving the necessity for drawings – these drawings shall remain the Seller's property and must not be wholly or partially used or copied without the Seller's written permission. We respectfully request the prompt return of all drawings, photographs etc. which remain our property unless other arrangements are made. A small charge will be made for special designs and plans and the copyright remains with Ormsby of Scarisbrick Ltd.
4. All goods shall remain the property of the Seller until paid in full.
5. Trades Description Act – The descriptive wording used in the captions throughout this website is that generally used in the trade. Although solid timbers are used almost exclusively it may be more sensible to use a veneered board in some circumstances, therefore the timber name i.e. Oak would cover this eventuality etc.
LIABILITY & INDEMNITY
1. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
2. The Buyer shall indemnify the Seller against all damages, penalties, costs and expense to which the Seller may be liable if any work done in accordance with the Buyer's specifications infringes any third party property right.
- Subject to the above 1. &2. Ormsby of Scarisbrick will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the content or availability of the site or that it will be 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 Ormsby of Scarisbrick will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Ormsby of Scarisbrick accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
- We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided to you.
- Ormsby of Scarisbrick warrants that all goods featured on our website or in our catalogues will meet with their specification and be free from flaws in workmanship or material, subject to the following conditions: Ormsby of Scarisbrick will not be liable,
*If the colour, due to the vagaries of photography, printing, dye batches etc vary slightly from illustrations feature in our website
*If the total invoiced amount for the goods has not been cleared by the due date
*In respect of failure to follow instructions, negligence or wilful damage
*Misuse or alteration
Should goods be faulty Ormsby of Scarisbrick Ltd with either replace the goods free of charge, rectify the fault, or by discretion refund the price of the goods, Ormsby of Scarisbrick Ltd shall then have no further liability.
Ormsby of Scarisbrick Ltd shall not be liable for any loss or damage whether direct or consequential or otherwise. In the event Ormsby of Scarisbrick Ltd liability if any shall be limited to the price of the goods.
Nothing in these terms and conditions affects Ormsby of Scarisbrick Ltd for death or personal injury resulting from Ormsby of Scarisbrick Ltd negligence. - Your Statuary rights are not affected by these terms.
MISCELLANEOUS PROVISIONS
1. If a quotation to supply or manufacture an items not shown on our website is requested, all quotations made and orders received are subject to the above and no alterations shall take effect unless confirmed herein shall be binding on the Seller, except where such is necessarily imported into the contract under any statute or at Common Law.
2. Unless otherwise stated any quotation issued by the seller will remain open for the acceptance within 60 days, and shall then lapse.
3. The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
4. In the event of war, invasions, act of foreign enemy, hostility (whether war has been declared or not), civil war, rebellion, revolution, insurrection or military or usurped powers, the Seller shall be relieved of liabilities incurred under the contract wherever and to the extent to which fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or strikes, lock-outs, breakdown of plant or any other causes (whether or not of like nature) beyond the Seller's control.
CARING OF ITEMS AFTER PURCHASE
1. Storage of fibreglass or plaster figures etc should not be stored in bubblewrap (as in some cases this may cause cracking or flaking of paintwork) either wrap in cotton fabric or brown paper.
2. English made Outdoor fibreglass statuary should be washed down with water using mild detergent (i.e. Washing up liquid) every 6 months, then rinsed thoroughly with clear water, thoroughly dried with a soft cloth. 2 coats of yacht varnish should be applied annually.
3. Lacquered brass plates should be periodically washed down with a weak solution of warm soapy water and dried with a soft clean cloth. Apply a heavy coat of beeswax furniture cream and polish to a bright finish. Once a year, after washing down, apply a coat of clear yacht varnish.
4. Outdoor seating furniture will naturally turn soft silver grey with time. It can be kept clean by scrubbing with detergent or steel wool. If preferred you can keep the natural colour of the teak by using teak oil once or twice a year.
5. Brass vases should be washed with clean soapy water and thoroughly dried with a clean soft cloth.
6. It is recommended that chains to any items such as thuribles, hanging sanctuary lamps etc should be checked annually for wear and tear, replacing any links as necessary.