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Terms & Conditions

TRADING NAME

All Orders are placed with The Growers and are made through the holding company Pen Dance Productions Ltd , which, registered in England No 10432270 VAT Registration No 253 0081 44 Registered office: Second Floor, 683-693 Wilmslow Road, Didsbury, Manchester, M20 6RE (“Company”, “We” or “Us”).

 

APPLICATION OF THESE TERMS AND CONDITIONS

These Terms and Conditions (‘Terms’) will apply to all sales of Products made by The Growers (‘us’ or ‘we’) to our online customers (‘you’). The following Terms and Conditions apply to and are incorporated into all transactions and shall prevail over any other terms and conditions which You seek to impose via any communications between You and Us. All orders are made subject to your acceptance of these Terms and Conditions and Your acceptance of delivery of any Order constitutes unqualified acceptance of these Terms and Conditions. Please read them carefully before placing Your Order as Your Order will be accepted strictly on the understanding that You accept these conditions of sale. Nothing in these Terms and Conditions shall affect Your statutory rights.

 

DEFINITIONS

Certain words or expressions which have a capital letter in these Terms will have the following meanings:

“Seller” means Pen Dance Productions Ltd, registered in England, No: 10432270 (in these Terms and Conditions also means “The Growers”) whose registered office is at Second Floor, 683-693 Wilmslow Road, Didsbury, Manchester, M20 6RE
“Buyer” means the person whose name is printed on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
“Order” means the Buyer’s order for Goods or services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b).
“Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
“Person” means any person, firm or company.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.

 

PLACING AN ORDER

Goods Availability

If for any reason the ordered goods are no longer available the Company will notify You and either: give You the option of receiving alternative goods of a similar price and quality; or cancel the item from Your order and refund You in full. If You do not wish to accept the alternative goods offered You may cancel the Order and require any money paid to the Company in respect of that Order to be refunded in full.

 

Payment

Payment may be made by MasterCard, Maestro, and Visa at the time of Order. The Company is totally committed to respecting the privacy of its customers and any data provided will only be used in accordance with their wishes. We also understand that shopping on the internet can feel risky and insecure. Therefore, card security is a high priority and we have taken every precaution to ensure that this information is collected and stored accurately and confidentially without danger of unauthorised access. Unless the Company is negligent, it will not be liable to You for any losses caused as a result of unauthorised access to the personal and transactional information You provide when placing an Order.

 

Errors and Omissions

Although we try to ensure that all prices on our web site 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 You will have the option of reconfirming Your Order at the correct price or cancelling it. If we are unable to contact You, we will treat the Order as cancelled and refund you in full.

 

Prices

Prices and delivery charges are quoted by the Company in £ Sterling inclusive of VAT at the prevailing rate (children’s books are not subject to VAT in the UK). The Company reserves the right to revise prices and details displayed on the website without notice. Any prices listed on the website do not constitute an offer until the Company has accepted Your Order.

 

CANCELLATIONS

You may cancel Your Order at any time prior to dispatch of the goods by notifying The Growers, to do this contact 0845 519 8540. The Growers shall refund any money paid to Us by You in respect of the cancelled Order within 30 days of You cancelling the Order.

 

INCORRECT AND UNSATISFACTORY PRODUCTS

Faulty goods/shortages and incorrect deliveries:

We hope you are fully satisfied with your product(s) however in the unlikely event that the product(s) is unsuitable or that you are not fully satisfied please contact us within 7 days of receipt of the goods on 0845 519 8540 to inform us of your intentions. We ask that you take reasonable care of the product(s) while they are in your possession and that, wherever possible, you return the goods either in or with the original packaging. Following your notification of your intent to return product(s) we will make contact with you to make arrangements for the return of the item(s). If the goods are not returned you as arranged it may be necessary for us to charge you the direct costs of recovery.

 

Refunds will be processed within 30 days of you notifying us of your intention to return product and will be made in the same method as payment.

 

DELIVERIES

  • Deliveries will generally be made between 7am and 6pm Monday to Friday (excluding bank holidays). Deliveries will be made within 3 to 5 working days from receipt of your paid order subject to availability.
  • Delivery will be made to the address of the registered debit/ credit card holder used to place the order and must be a UK address only.
  • We are unable to accept responsibility for lost working time and associated costs and recommend goods are ordered well in advance of any project start dates.
  • If we are unable to gain access to the agreed delivery address we will return the goods to our warehouse and make contact with you to re-arrange delivery. Unfortunately in these circumstances we may have to charge you a further delivery fee.
  • All goods must be signed for to confirm receipt.

 

Delivery Details

The Growers use third party suppliers for the delivery of its products and as such cannot take responsibility for any issues that may occur. Any problems that are not immediately identifiable upon delivery must be reported to us within 7 working days of receipt of the order, please contact 0845 519 8540. If Products are considered by you to be faulty or defective after the 7 day period has expired please contact us for consideration of your query.

 

RETURNS AND REFUND POLICY

We hope you are fully satisfied with your product(s) however in the unlikely event that the product(s) is unsuitable or that you are not fully satisfied please contact us within 14 days of receipt of the goods on 0845 519 8540 to inform us of your intentions. We ask that you take reasonable care of the product(s) while they are in your possession and that, wherever possible, you return the goods either in or with the original packaging.

Refunds will be processed within 30 days of you notifying us of your intention to return product and will be made in the same method as payment.

 

Liability

The Company shall in no circumstances be under any liability for:

(a) losses that were not foreseeable to both parties when the contract was formed; or

(b) losses that were not caused by any breach on the part of the Growers; or

(c) for the business losses, and/or losses to non-consumers or any third party arising out of or in connection with the sale, supply or operation of goods under these Terms, save as may be expressly imposed by statute (Without prejudice to the foregoing the Company's liability for any loss or damage caused to You shall be limited to the invoice value of the goods).

Nothing in these Terms and Conditions shall operate to exclude or restrict the Growers' liability for: death or personal injury resulting from negligence; breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or fraud or deceit. This does not affect Your statutory rights.

 

Health & Safety

In accordance with the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987 the Company confirms that the goods it supplies do not present a hazard to health and safety when used properly for the purpose for which they are designed and when You take reasonable and normal precautions in their use.

 

General

Any notices given under these Terms and Conditions shall be in writing and sent (a) by first class pre-paid post and in respect of You to the last known address notified by You; and in respect of Us the address stated at Condition 2 or by email to Us at. The notice shall be deemed served (a) two working days after posting or (b) upon receipt of a successful email receipt. The Company reserves the right to change or amend these Terms and Conditions at any time and without prior notice.

 

Copyright

All design and imagery on the website is the copyright of The Growers. The site may not be altered in any way or republished without permission from The Growers.

 

Law & Jurisdiction

These Terms and Conditions shall be governed and construed in all aspects in respect of the laws of England and shall be subject only to the jurisdiction of the English courts.

 

CONSUMER PROTECTION:

Nothing contained in these terms and conditions of sales shall operate to excuse any warranty or condition implied by the UNFAIR CONTRACT TERMS ACT 1977 in event of the customer dealing as a “CONSUMER” as defined by section 12 of that act.