All products and services supplied and displayed on this web site are subject to our terms and conditions as described below. By accessing this website and using it you are agree to bide and accept these conditions.
Products and Services
We ensure, when entering all data, that descriptions, photographs and price information is accurate when the information is entered onto our web site. Every effort is made to describe faithfully all aspects and specifications of sizes, colour nuances, weights and any special finishes of the specialist products and designs we have selected. Due to the artisan (hand made or finished) nature and individuality of many of our ranges some specifications will be approximate (such as colour nuance and size) which is normal for such designs that are made by hand. We reserve the right to withdraw products and designs at any time, and /or change details or alter web site content, for whatever reason. We may decide to refuse to process an enquiry or sales order from our website customers at any time at our sole discretion, and for whatever reason. We will not be liable to our web site customers, suppliers or any third party by reason of withdrawing any product or design from this website www.catrionamclean.com, or of removing or editing data and website content. . We will not be liable to our web site customers, suppliers or any third party by reason of refusal to process a sale transaction or unwinding or suspending any sale after processing has begun.
Conditions for Enquiry or Order acceptance
For eligibility to place a sales enquiry for quotation, or place a confirmed order for purchase of products or designs on this website www.catrionamclean.com, and to lawfully enter into a contractual relationship with Catriona McLean Sarl, owner of this website under French law, you are required to: -
- Provide your real name and contact address details including telephone number, email address, valid payment details and other requested information
- Be over 18 years of age to use this web site for any confirmed order transactions
- Give us a full and accurate delivery address with postcode and country, for an accurate and legitimate quotation for sale and delivery of any order. Please note PO box numbers, and temporary accommodation addresses are not acceptable
- Give us an accurate and valid credit or debit card or a cheque drawn on a French bank only, or make an international bank transfer for payment, issued by a bank acceptable to Catriona McLean Sarl
When you, the customer, make a confirmed offer to purchase on line a product from our website www.catrionamclean you specifically authorise Catriona McLean Sarl to obtain if necessary information about you from third parties, including your credit card or other preferred payment method or credit records, to authenticate your identity, to validate any payment transaction through credit card or other payment method selected by you
When Catriona McLean Sarl receives through our web site www.catrionamclean.com an order enquiry for our products offered for sale, we will send you an order enquiry acknowledgement email with details of the products you have selected. In the following cases we will be unable to supply:
- The item is no longer available or out of stock
- We have been unable to authorise and process your payment details
- There has been an error in description and identification of the products or product selected
- You are not eligible to purchase or receive an order due to insufficient required status details
- The value of the order is below our minimum order value
- These terms and conditions are made under the laws of the France and therefore any dispute arising from using this site will be subject to the jurisdiction of the French courts of law
Prices and VAT
All prices are listed in € euros and are exclusive of French VAT (19.6% at the current French rate) and will be correct at the time of uploading cost information onto the web site. Catriona McLean Sarl is registered in France and VAT registration N° is FR45510451453. The total cost of an order quotation and subsequent confirmation order/invoice will be the prices quoted for the products ordered, plus any applicable delivery and VAT charges & taxes (when applicable).
All orders are accepted on a pro forma payment basis only, unless in certain cases Catriona McLean has negotiated on your behalf, special trade terms of payment subject to your trade status, and the manufacturers’ agreed terms. All payments made through Paypal or other secure payment methods will be fully protected.
Delivery of Orders
All deliveries are sent from the manufacturers’ warehouse, or from Catriona McLean Sarl using carriers, shippers and postal or courier services and by methods of transport most suitable for the products selected. All deliveries carry insurance from the carriers and shippers used, against damage of goods in transit, but will not be covered or reclaimable if the delivery notes accompanying the order, is signed for as being “received in good condition etc”.
All customers must be prepared to inspect all deliveries in the presence of the carrier (on large orders such as terracotta pottery etc) for damage to the exterior and interior of packaging for possible damage to the products. If any damage is found to have been done by the carriers or shippers, that is unacceptable to the customer receiving the goods - you are within your legal rights to refuse the delivery and it will be returned by the shipper to the manufacturer for a full replacement.
Digital photos of any suspected damage must be submitted with all written claims within 5 days of receipt of an order to Catriona McLean Sarl (preferably immediately after delivery) so we can process without delay a replacement (if applicable) and insurance claim against the carrier. It is advisable to carry insurance under customer’s own insurance policy as extra cover, as when a proforma payment has been processed the goods have effectively passed to the buyer’s ownership. Any dispute with the carrier /shipper over damage in transit where the delivery note has been signed for by the customer without checking first, cannot be guaranteed to be resolved by full replacement or compensation.
On deliveries of big items such as very large terracotta vases and pots, customers must ensure they give Catriona McLean all necessary correct delivery instructions for the carrier making the delivery. Access to the delivery address, width of entrances through which the items may have to pass, information about stairs or lifts etc must be given at time of confirmation and payment of all orders. Re-delivery charges by the carrier (if returned to depot) due to insufficient or incorrect information supplied by the Buyer will be recharged to the buyer in all cases.
The buyer will be responsible to make sure they, or their representatives are present at time of delivery to check all deliveries. Delivery quotations given to Catriona McLean Sarl by suppliers or carriers are for delivery to the “road side” entrance to the property address supplied only. If you require special help in delivery within the property i.e. to the bottom of the garden or up to the 4th floor and no lift - please tell us as the carrier may charge more for this service.
Catriona McLean Sarl endeavours at all times to describe and provide customers to this web site with accurate
and up to date information relating to the products listed. Catriona McLean Sarl is not responsible for incorrect information’s or prices provided by the suppliers selected which is beyond the control of Catriona McLean Sarl. The suppliers and producers and Catriona McLean Sarl have the right to change any description of the goods supplied through this site, or cost information (VAT included) without prior notice.
Risk and Title
Risk in the goods shall pass to you the customer upon payment of the cost or, if earlier, upon delivery of the goods. Title to the Goods shall pass to the customer only upon payment in full (in cash or cleared funds) of the costs and the customer shall hold the goods as bailee for Catriona McLean Sarl until Catriona McLean Sarl has received payment in full of all costs outstanding to the company from the customer.
If any of the goods are destroyed damaged or lost from any cause (other than the fault or negligence of Catriona McLean) Catriona McLean may replace those Goods but shall be entitled to charge the customer for the replacement of them.
Cancellation of Orders and Returns
In accordance with European legislation customers have the right to cancel a purchase made at any time after an order has been placed, until the date eight Working Days after the day an order has been delivered and signed for.
All terms and conditions will be clearly indicated on the confirmation order and invoice. If you decide to return the goods and cancel an order then you, the buyer, must return the goods within the specified period as indicated on the final invoice. Catriona McLean Sarl will not accept a cancellation without return of goods that exceeds these conditions of sale.
If you decide to cancel a purchase you must notify Catriona McLean Sarl by telephone (0033 4 67 66 31 08) or email to firstname.lastname@example.org and if you have received the actual order, you must return it in full, to Catriona McLean Sarl, France by a secure method enclosing a copy of the invoice.
Upon cancellation of an order Catriona McLean Sarl will refund the full purchase price of the goods within 30 days of notifying Catriona McLean Sarl of cancellation and return of goods. The buyer is responsible for the cost of returning the goods to Catriona McLean Sarl or their manufacturer (if delivered direct from the manufacturer) upon cancellation of an order. If the buyer does not return the goods cancelled to the specified return address Catriona McLean Sarl may decline to make a refund.
If any of the goods received are damaged, defective or do not match the order placed, you, the buyer, should immediately contact Catriona McLean to discuss how we can resolve any problems. Catriona McLean Sarl may require the return the goods by any secure method enclosing a copy of the invoice and stating the nature of the damage, defect or mistake and we are satisfied that the goods are damaged, defective or do not match the order, Catriona McLean Sarl will replace the order or refund of the invoice costs, This does not apply to goods damaged in transit by the carrier or shipper, where we have asked you not to sign the delivery note but to refuse delivery on those grounds. Evidence by digital photos and a full description of damage must be sent to Catriona McLean as soon as possible in order for a full refund or replacement by the manufacturer to be made.
Catriona McLean Sarl’s sole liability to the customer for goods which are damaged, defective or which do not match the customer’s order shall be limited to replacement of those goods or refund of the invoice costs and delivery charges.
Warranty and Limitation of Liability
Catriona McLean Sarl warrants that goods purchased will be of satisfactory quality and fit for the purpose for which they are supplied.
Catriona McLean Sarl shall not be liable to any person for any loss or damage arising from the use of any goods or information presented on any of the websites or physical documents.
Catriona McLean Sarl shall not in any event be liable (whether in contract or otherwise) for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the customer or for any wasted management time, failure to make anticipated savings or liability the customer may incur to any third party arising in any way in connection with these terms and conditions or otherwise whether or not such loss has been discussed by Catriona McLean Sarl and customer pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
Catriona McLean Sarl’s aggregate liability in respect of these terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to a sum equal to the cost excluding VAT or such equivalent or similar sales tax as is applicable to the sale.
Catriona McLean shall not be liable for any loss or damage of any nature caused by or arising from errors in or material omissions from the goods.
Subject as expressly provided in these terms all warranties; conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by French law.
Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion or any other matter, which might otherwise cause these terms to become ineffective.
These terms and conditions and your agreement with Catriona McLean Sarl shall be governed and construed in accordance with French Law. You irrevocably agree for the exclusive benefit of Catriona McLean Sarl, to submit any dispute to the jurisdiction of the courts of France but nothing under these conditions shall prevent Catriona McLean Sarl from taking proceedings against you in any other court of competent jurisdiction.