This page (together with our returns policy, privacy policy and acceptable use policy) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.cherry-bay.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. These terms cover:

• INFORMATION ABOUT US
• SERVICE AVAILABILITY
• YOUR STATUS
• HOW THE CONTRACT US FORMED BETWEEN YOU AND US
• STOCK AVAILABILITY
• CONFORMITY OF THE PRODUCTS
• PRICE AND PAYMENT
• MISPRICINGS
• TO PAY FOR YOUR ORDER
• COMPLAINTS
• CONTENT
• GENERAL

INFORMATION ABOUT US

We operate the website www.cherry-bay.com. We are Sole Trader registered in 61/7 Prince Regent Street EH6 4AP, Edinburg, Scotland

SERVICE AVAILABILITY

Our site is only intended for use by people resident in the countries listed in delivery policy and costs. We do not accept orders from individuals outside those countries.

YOUR STATUS

By placing an order through our site, you warrant that:

• you are legally capable of entering into binding contracts
• you are purchasing the products outside the course of your normal business or trade and not for resale.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order, you will receive an Email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.

The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

STOCK AVAILABILITY

We do try to ensure that we have good stock availability of all products. However, some goods may sell faster than we predict. If the item you have ordered is not in stock, we will do our best to get it for you as quickly as possible. If we cannot get the item we will cancel your order immediately and let you know by email.

If we can get the item, but cannot deliver it to you within our delivery policy, we will email you with the option to cancel your order.

CONFORMITY OF THE PRODUCTS

We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

Please be aware that nothing in our agreement with you affects your legal rights relating to goods that don’t conform with the contract, whether this is due to issues of quality, description or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.

Every care has been taken to ensure that the descriptions and specifications of our products on this web site are correct. However, whilst the colour reproduction is an extremely close representation, a slight variation in the actual goods can occur.

PRICE AND PAYMENT

The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

If you are ordering from the UK, Isle of Man or Channel Isles all prices are shown in sterling and include 20% VAT on adult’s clothings. If ordering from the Channel Isles, please select Channel Isles from the country field when entering your delivery details at checkout.

Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

MISPRICINGS

Despite our best efforts, items in our online shop may occasionally be mispriced. We verify prices as part of our despatch procedures and if an item’s correct price is lower than the price shown online, we will charge you the lower amount and send you the item. If the item’s correct price is higher than the price shown online, we will contact you for instructions before the Despatch Confirmation is sent out. For the avoidance of doubt, Cherry-Bay.com shall be under no obligation to honour the incorrect price or Order.

TO PAY FOR YOUR ORDER

Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard and American Express credit cards, as well as Maestro, Visa Electron and Visa Debit cards. If you prefer not to send your card details over the Internet,you may contact us directly at the following by email or our facebook/instagram.

COMPLAINTS

All complaints will be acknowledged within 1 working day and will be resolved as soon as possible. We will always keep you informed throughout the process of resolving your complaint and we will keep the details of your complaint confidential. We always welcome feedback from our customers and are continually looking at ways to improve our service.

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with the resolution of our complaints process, Alternative Dispute Resolution is available, including online dispute resolution at https://www.cedr.com/consumer/.

CONTENT

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

Uploading content to our site

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

GENERAL

Risk and title

The Products will be your responsibility from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to us contact@cherry-bay.com.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

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 events outside our reasonable control (Force Majeure Event).

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.