Terms and conditions of use
0.1 These terms and conditions shall govern your use of our website.
0.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
0.3 If you make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
1. Commissioning a Chow Bella product
1.1 By ordering a bowl, treat jar or any other ceramic item from our website, you agree that you are ordering a product that is being made by hand at every stage rather than mass manufactured, and may therefore have slight variations or minor imperfections as set out below. All bowls shown on the website have been photographed, including close ups, to accurately illustrate the standard that you can expect. Please refer to the following conditions before ordering your bowl:
(a) whilst every attempt has been made to accurately represent the true colours of the glazes used, your monitor or screen may not be calibrated to show these 100% correctly. There may also be slight variations in colour between items because the colour is handpainted.
(b) you accept that there may be slight variations in weight (up to 75g) and size (up to 5mm) because of variations in the water content of the raw clay which affects final shrinkage and weight of the finished item.
(c) minor imperfections such as slight warping, visible brush strokes, outlines of the letter stamps, and throwing marks may be present and are part and parcel of handmade ceramics and are not therefore deemed to be a fault.
1.2 You agree that the variations and imperfections as listed above shall not be considered a fault in the finished product and shall not therefore entitle you to a refund.
1.3 If you receive your product and feel that it does not meet your expected standard relative to the conditions set above, you must contact firstname.lastname@example.org in writing within 7 days of receipt of the product, including clear photographs showing the problems. Every effort will be made to resolve any issues.
1.4 Returns are not accepted on any personalized items unless explicitly agreed between yourself and Chow Bella due to an error on our part or a major fault with the product.
1.5 Cancellation of your order must be made in writing within 7 days of the date of the order. If you cancel after this date you will be liable to 50% of the cost to cover lost time and materials.
2. Copyright notice
2.1 Copyright (c) 2006-2018, Chow Bella Pet Bowls/Claire Pearson-Cowell
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
5.2 We may periodically change the products and options available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3 Prices stated on our website may be stated incorrectly.
5.4 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
6. Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
7. Report abuse
7.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
7.2 You can let us know about any such material or activity [by email or using our abuse reporting form].
8. Limited warranties
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
8.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10. Breaches of these terms and conditions
10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) [block computers using your IP address from accessing our website];
(e) [contact any or all of your internet service providers and request that they block your access to our website];
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) [suspend or delete your account on our website].
[additional list items]
10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).
11. Third party websites
11.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
11.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. Trade marks
12.1 Ear Free Zone, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
12.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
13. Entire agreement
13.1 Subject to Section 13.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
14. Law and jurisdiction
14.1 These terms and conditions shall be governed by and construed in accordance with [English law].
14.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].
15. Statutory and regulatory disclosures
15.1 Chow Bella is a sole trader.
15.2 We are not VAT registered.
16. Our details
16.1 This website is owned and operated by Claire Pearson-Cowell
16.2 Our registered office and principla place of business is at Chow Bella, Hunters Home, Mount Pleasant Road, Lindford, Hampshire, GU35 0PS
16.3 You can contact us:
(a) by post, using the postal address above;
(b) using our website contact form;
(c) by telephone, on 07876510732;
(d) by email, using email@example.com
1.1 In this policy we set out details of the delivery methods, periods and charges that apply to orders for our products made through our website.
1.2 This policy shall not create legally enforceable rights and obligations; rather, our usual practice in relation to the delivery of products is indicated in this policy.
2. Free delivery
2.1 We offer free standard delivery to all mainland UK addresses on all items other than homeware (coasters) and slow feeder inserts (unless these are bought at the same time as a bowl).
2.2 All other orders will be subject to delivery charges as detailed in Section 5.
3. Geographical limitations
3.1 We will deliver to the following countries and territories: England, Scotland, Wales and Northern Ireland.
3.2 We may from time to time agree to delivery products to other countries and territories.
4. Delivery methods and periods
4.1 The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:
(a) if your delivery address is on the United Kingdom mainland, delivery is either by courier or Royal Mail depending on weight, and you can typically expect delivery two working days from the date of dispatch. Personalised items will take 4-5 weeks from receipt of order to dispatch date. Off the Shelf or Homeware items are dispatched next working day if the order is received by 4pm GMT.
4.2 If you place your order by 4pm GMT/BST on a working day, these time periods run from the close of business on that day; if you place your order after 4pm GMT/BST on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.
4.3 The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.
5. Delivery charges
5.1 Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us.
5.2 Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.
6. Delivery tracking
6.1 Delivery tracking is available in respect of all orders for our products.
6.2 To track your delivery, enter the tracking reference received in your dispatch note into our delivery service provider's website.
7. Receipt and signature
7.1 All deliveries must be received in person at the delivery address, and a signature must be provided.
7.2 Our delivery service provider will attempt to notify you in advance of attempting to make a delivery requiring signature.
8. Additional deliveries
8.1 If an initial delivery attempt is unsuccessful, our delivery service provider will leave a card at your address so that you can arrange collection or redelivery.
9.1 If your products remain undelivered despite our delivery service provider making at least 1 more attempt to deliver them, the delivery service provider will leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.
10. Delivery problems
10.1 If you experience any problems with a delivery, please contact us by emailing firstname.lastname@example.org or calling 07876510732.
10.2 If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).
10.3 An indicative list of the situations where a failure to deliver will be your fault is set out below:
(a) you provided the wrong address for delivery;
(b) there is a mistake in the address for delivery that was provided;
(c) the address for delivery is not reasonably accessible;
(d) the address for delivery cannot safely be accessed;
(e) if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or
(f) if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.
Name of company
Chow Bella (Sole Trader)
Mount Pleasant Road
Tel: 07876 510732