TERMS AND CONDITIONS AND DISCLAIMER RELATING TO USE OF THE WM. NORTHAMS & COMPANY LTD WEB SITE
Thank you for visiting the Wm.Northam's ("Northam's") web site (the "web site"). Please note that everything on this web site is subject to our web site terms and conditions and disclaimer (the "web site Terms and Conditions" and the "Disclaimer") and you should read these before going any further. You are treated as accepting them by browsing the web site. The web site was last updated in October 2008.
Intellectual Property Rights
All copyright and other intellectual property rights in any and all aspects of the web site including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, all software (including but not limited to compilations, underlying source code, and applets) and all other material on this web site are copyright of Northam's and its affiliates, or have been licensed to Northam's by their content and technology providers or other rights holders so that Northam's can use such material as part of its web site.
You are only allowed to use the web site and the material contained in the web site as set out below. If you wish to do anything else with any of the material you must obtain the written permission of the owner of the rights in that material.
What You Are Allowed To Do
1. You may access any part of the web site. 2. You may electronically copy and print in hard copy any individual page for your own personal use, for the purposes of placing an order with Northam's or using this web site as a shopping resource, as long as you do not do any of the things set out under "What You Are Not Allowed to Do".
What You Are Not Allowed To Do
1. You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the web site except as set out under "What You Are Allowed to Do" or with the express prior written permission of Northam's.
2. You are not allowed to copy or use any material from the web site for any commercial purpose at all.
3. You are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to Northam's or licensed to Northam's by their third party rights owners for use on the web site) except as set out under "What You Are Allowed to Do" without the written permission of the owner of that trade mark and/or remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the web site.
Governing Law and Contract Formation
You may submit orders to Northam's via the web site for the sale and/or hire by it to you of any product but no contract will subsist between you and Northam's for the sale and/or hire by it to you of any product unless and until Northam's confirms the particulars of your order and gives you a reference number. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Northam's sends the email to you (whether or not you receive that email).
For the avoidance of doubt, when you submit an order for the hire or sale of any product from Northam's via the web site, the Conditions of Hire and the Conditions of Sale in force from time to time which follow these web site Terms and Conditions will apply. In the event of any conflict between such terms and the web site Terms and Conditions, the Conditions of Hire and the Conditions of Sale shall apply.
In respect of any orders that are placed by telephone, by correspondence or in person, the standard Northam's terms in force from time to time shall apply to the exclusion of the web site Terms and Conditions, the Conditions of Hire and the Conditions of Sale.
Information displayed on the web site relating to pricing and availability is subject to change by Northam's without notice.
For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Northam's irrevocably submit to the non-exclusive jurisdiction of the English Courts.
Disclaimer
Northam's is not liable for any action you may take as a result of relying on any information provided in this web site for any loss or damage suffered by you as a result of you taking this action.
Northam's tries to make sure that all information contained on the web site is correct but it does not accept any liability for any error or omission. All material contained on the web site is only provided for the purpose of providing information about Northam's and the products and services it supplies.
Northam's does not make any representation or warranty of any kind in respect of this web site or the material or information contained on it.
The web site includes links to external web sites. These links are provided in order to help you find out further information quickly and easily. Northam's is not responsible for the content of these web sites.
Northam's may correct any typographical error or other errors or omissions in any promotional literature, quotation or other document relating to the provision without any liability to its customers and clients.
Northam's reserves the right to make any changes to these web site Terms and Conditions, Conditions of Hire, Conditions of Sale. By browsing the web site you are accepting that you are bound by the current web site Terms and Conditions and Disclaimer and the Conditions of Hire and the Conditions of Sale so you should check these each time you revisit the site. Guarantee and Returns
Policy If you are not satisfied with your goods, please return them and we will, subject to the goods being unused and in a resaleable condition, either exchange them or refund you. We will process returns as soon as they arrive, except during extremely busy periods when there may be a short delay. In certain circumstances an administration fee may be charged to you - this does not affect your statutory rights.
Our Company Details & Address
Wm. Northam & Company Ltd PO Box 367, Waterbeach, Cambridge CB25 9QY Telephone 0870 2401852
Conditions of Hire
Please see web site Terms and Conditions regulating the use of this web site. Any Variation to these Conditions shall not be binding unless agreed in writing
Description
Every care has been taken to describe and portray items accurately using current technology, but variations in actual goods may occur.
Receipt of Order
Please book early to be sure of your order as we cannot always guarantee an order if you leave your booking later than 21 days before your Ceremony (being the date agreed for the Hire outfit to be available). Please check the web site to see if the ceremony date option is still available or contact the Call Centre to establish if it is still open to book.
Input of Incorrect Information
We cannot accept any liability for a failure to comply with specific instructions stated on this web site or for any incorrect information provided by the customer
Cancellation Refund
If you are unable to attend your graduation ceremony, for whatever reason, we will refund your hire payment provided we have received your claim for refund 7 full days before the date of your ceremony. You can cancel your order via the web site by using the Amend/Review/Cancel option or, if you are experiencing difficulties cancelling via the web site, by emailing us. Please note that for security reasons we cannot accept cancellations over the telephone.
Your Cooling off period
After entering into a Hire Contract we will send you an email (on the email address you supply when ordering on the Web Site) confirming details of the Hire Product and Hire Contract. You will then have a "cooling off" period during which you have a right to cancel the Hire Contract without charge. You may exercise that right by using the cancel function provided on the Web Site, by notifying us by email at student@wmnortham.co.uk or by writing to us at the address or the fax number shown in the General Terms and Conditions above. We will refund any payments made by you if you exercise that right to cancel. The cooling off period and related right to cancel will end on the earlier of:
(a) when you collect the Hire Product(s) covered by the Hire Contract; or
(b) the expiry of seven working days beginning with the day after the day that the Hire Contract first subsists (in accordance with the General Terms and Conditions above).
General cancellation right
In addition to your right to cancel during the cooling off period as explained above, if you are unable to attend the relevant Ceremony, for whatever reason, we will refund the payment you've made under the Hire Contract provided we have received your notification of cancellation by email at least seven full days before the date of the Ceremony. An administration fee will be charged for making such cancellations (except where you notified us of cancellation within your cooling off period referred to above). The admin fee will be the fee specified on the Web Site at the time of cancellation.
Amendments to Orders
An administration fee will be charged for any amendment to your order which involves a financial adjustment
Special requests
If you have any special requirements, e.g. an extra small Hire Outfit, please notify us of these requirements when placing your order and we will do our best to meet your needs.
Collection Day
Your Hire Outfit will be ready for collection on the Ceremony Date from the Northam's collection area set aside by your college or university. On the inside of the Hire Outfit will be a ticket with your name and reference number on it. Please do not remove this ticket, as it will be needed to register the return of the Outfit after your Ceremony.
Extra Time
For an extra charge, you may keep your Hire Outfit for an extra 7 days from the Ceremony Date. You have the responsibility for returning the outfit in the prepaid bag provided and you should obtain and retain proof of postage when returning the outfit to Northam's. The Hire Outfit must not be taken out of the United Kingdom. Refunds for extra time can only be made as part of a Cancellation Refund (see above).
Return of Hire Outfit
Hire Outfits returned on the Ceremony Date must be returned in good time to the Northam's collection area set aside by your college or university. Customers who are making use of the Extra Time option must return the Hire Outfits to Northam's in the bags provided to them by the company. Overdue returns will incur an extra charge at the rate of ½ the original hire fee per week or part thereof.
Liability
During the Hire Period, the hirer is responsible for the safekeeping of the Hire Outfit and will be liable for the full retail price in the event of any damage or loss occurring, whether or not this is due to negligence on the part of the hirer. Northam's total liability for any claim howsoever arising shall not exceed the price of the hire service supplied by Northam's to the customer. Northam's shall not be liable for any consequential customer loss whether this arises from a breach of duty in contract or in any other way.
For the avoidance of doubt, Northam's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) under Part I of the Consumer Protection Act 1987; (d) fraudulent misrepresentation or (e) in relation to any other liability that may not by applicable law be excluded or limited; is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.
Payment
Balance payments are due at the time of order and are payable by credit/debit cards
Delay
Northam's shall not be liable to the Hirer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the service of hiring the Hire Outfit, if the delay or failure was due to any cause beyond its reasonable control.
Representations
Our employees or agents are not authorised to make any representations concerning the goods unless confirmed by Northam's in writing. In entering into the contract you acknowledge that you do not rely on any such representations which are not so confirmed.
Conditions of Sale
Please see web site Terms and Conditions regulating the use of this Site. Any Variation to these Conditions shall not be binding unless agreed in writing.
Ordering
Price
Prices are quoted inclusive of VAT applicable to supply in the UK. Where VAT does not apply a price adjustment will be made and a copy of your ex VAT invoice will be dispatched with your goods.
Stock
We cannot guarantee permanent availability of all items. If something is not a stock item we will always give you the best information we can on anticipated dispatch date. If the delivery date is likely to be more than 30 days from the date of order we shall notify you. Where part of an order is a non stock item, we normally only dispatch when all items of the order have become available.
Delivery
All items in stock will normally be dispatched within 21 working days after we receive your order (except in very busy periods where the time to dispatch will vary). Please note the dispatch times as stated on your Shopping Basket. You must provide an address where someone will be in (work address, neighbour, friend etc.). If something is not a stock item, we will send it to you as soon as it is available.
The charge for delivering items overseas varies. We can accept orders from most overseas addresses. Local import duties may be payable by you upon receipt.
Please note:
When sending a return, the parcel is your responsibility until it reaches us; we therefore strongly recommend that you send it by registered post. The direct cost of returning and/or exchanging the goods is also your responsibility. When returning items on which you have received promotion discount or other discount, the discount will no longer apply if you choose non-promotion or non-discounted goods. Your statutory rights are not affected by these statements.
Refunds for items bought over the web as gifts can only be credited to the credit or debit card originally used to make the purchase
Northam's total liability for any claim howsoever arising shall not exceed the price of the goods supplied by Northam's to the customer. Northam's shall not be liable for any consequential customer loss whether this arises from a breach of duty in contract or in any other way.
Northam's shall not be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the goods, if the delay or failure was due to any cause beyond its reasonable contr