TERMS OF SALE
Definitions
Buyer means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
Contract means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms of Sale;
Goods means the articles that the Buyer agrees to buy from the Supplier;
Services means the services that the Buyer agrees to buy from the Supplier;
Supplier means Middle Row Forge, of Middle Row, Low Row, Brampton, Cumbria, CA8 2LJ, United Kingdom;
Terms of Sale means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
Website means middlerowforge.com.
Conditions
Nothing in these Terms of Sale shall affect the Buyer's statutory rights as a Consumer.
These Terms of Sale shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods and/or Services shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms of Sale.
Any variation to these Terms of Sale (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
Ordering
All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms of Sale and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
bladed items
Bladed items (e.g. axes) made available in our Tool Shop are for sale only to persons aged 18 and over. By placing an order and accepting our Terms of Sale you declare that you are at least 18 years of age.
Purchasing
The price of the Goods and/or Services shall be that stipulated on the Website excluding delivery charges.
After the order is received, the Supplier shall confirm by email the details, description and price for the Goods purchased.
Payment of the price plus delivery charges, if applicable, must be made at the point of ordering.
For details of non-UK delivery charges, please get in touch. Please note, the Consumer is liable for payment of any/all import duties, where applicable.
Performance & Quality
The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
Supplier Rights
The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time. All Goods subject to availability.
The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
Product Variation
Goods are handmade and therefore may vary a little in shape, size, colour and finish. Please note, dimensions, weights and other descriptions are approximations.
Product Images
We take every effort to represent our products in a way that is fair and accurate, but please be aware colours may appear different in real life from how they appear on screen.
Delivery
Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.
The Supplier shall use its reasonable endeavours to meet any date agreed for delivery but shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title in the Goods shall not pass to the Buyer until payment has been made in full.
Cancellation
Under the Online and Distance Selling Regulations, the Buyer has the right to cancel an order within 14 days after the day on which goods are received. This is the statutory cooling off period. After this period has expired there is no right to cancel. Goods cannot be returned or cancelled after the 14-day cooling off period unless the item is confirmed as defective.
In order to exercise the right to cancel, you must inform us in writing via email or post including your Order Number and date of order as part of your correspondence.
Please note your right to cancellation does not apply to bespoke or customised Goods.
CLASSES
All participants must be aged 16+.
Durations are approximations and may vary depending on the number of students.
Apprentice & Intermediate Classes are limited to a maximum of four students and a minimum of two.
Advanced Classes are limited to a minimum and maximum of two students.
Bespoke Group Classes are limited to a minimum and maximum of four students.
Saturday Classes will run only with a full complement of four students.
Bookings can rescheduled where a minimum of 2 weeks’ notice is provided.
Bookings are fully transferrable to other people.
Cancellation:
Where a minimum of 48 hours notice is provided, the Supplier reserves the right to cancel any Class where the minimum number of students isn’t met.
The Buyer is entitled to a full refund where a minimum of 48 hours notice is provided, though we’d always prefer to reschedule if at all possible.
No refund will be given for no-shows.
Gift Certificates are valid for one year (365 days) from the date of purchase.
Returns
Where a claim of defect is made, the Goods may have to be returned by the Buyer to the Supplier within 14 days of delivery. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are deemed to be defective by the Supplier.
Liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms of Sale by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms of Sale shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier's agents or employees.
Waiver
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Force Majeur
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
Severance
If any term or provision of these Terms of Sale is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms of Sale had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes to Terms
The Supplier shall be entitled to alter these Terms of Sale at any time but this right shall not affect the existing Terms of Sale accepted by the Buyer upon making a purchase.
Governance
These Terms of Sale shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.