To protect your own interests, please read these terms and conditions carefully. If you are unsure about your rights or would like an explanation, please write to our Customer Inquiries Department (contact details on our Contact Us page) before placing an order. WE RECOMMEND THAT YOU PRINT OUT AND KEEP THESE TERMS FOR YOUR RECORDS.

By placing an order and purchasing items from Charlemagne via https://charlemagne-premium.com/ If you purchase, you are entering into a legally binding agreement with us on the following terms and conditions. You should read and understand these Terms as they outline your rights and obligations.

These are the general terms and conditions of Charlemagne ("the seller", "we" or "us") for specific products as described on the pages of this website ("the items"). Subject to the provisions of clause 4.2 below, the price of the Items, delivery costs and VAT, if applicable, will be set out on the Order Form.

You have the right to withdraw from this transaction in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Details of the right of withdrawal will be sent to you with the item upon delivery and can be found in clause 9 below.

THESE TERMS DESCRIBE THE BASIS OF YOUR PURCHASE BY AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS SITE.

 

1. Interpretation

1.1 In these conditions:

“Conditions” means the general conditions of sale contained in this document;

“Contract” means the contract for the sale of the Items;

“Payment Card” means your chosen credit or payment card or other payment system that you provided to us when ordering as a method of payment for the Items;

“Delivery Area” means areas from which we have accepted an order.

“Items” that you have ordered, including any subsets of items or parts thereof, which are available for purchase on our website in accordance with the Terms;

“Information system” means a system for generating, sending, receiving, storing or otherwise processing electronic messages;

“Order” means any order you place with us for the supply of Items;

“Order Form” means the Order Form completed and submitted electronically by you;

“Regulations”: the Consumer Protection (Distance Selling) Regulations 2000;

“Website” means our presence on the World Wide Web, which is currently accessible via the address charlemagne-premium.com.

1.2 Reference to a law or legal regulation also applies to its amendments or re-enactments or to the rules or regulations issued on its basis or to the repeal and replacement of the relevant legal act by a law.

1.3 Unless the context states otherwise:-

1.3.1 Words that are in the singular include the plural and vice versa;

1.3.2 Words that include the male gender also apply to the female gender and vice versa;

1.3.3 The reference to persons also includes legal persons or companies.

1.4 Unless the context requires otherwise, references to clauses are to be understood as references to clauses of these Terms.

1.5 The headings are for convenience only and have no bearing on the construction or interpretation of these Terms.

 

2. Basis of sale

2.1 We will only sell you items and you will only purchase items that you have specified in an order and that have been accepted by us. We reserve the right to refuse any order. Unless otherwise agreed in writing, any sale of items will be subject to these terms and conditions.

2.2 An order submitted by you is only considered accepted by us once it has been confirmed by us by email or in writing.

2.3 Changes to these terms and conditions will not be binding on us unless we have agreed to them by email or in writing.

2.4 Any error or omission in the information or documents issued by us may be corrected provided the correction does not materially affect the Contract.

 

3. Orders

3.1 The quantity, quality and description of the items correspond to the information in the order (if accepted by us).

3.2 Acceptance of orders is at our sole discretion but will usually be accepted if the items are available, the order complies with current prices, you are located in the delivery area and your payment card is approved for the transaction.

3.3 You or we are entitled to withdraw from the contract in the event of obvious errors or inaccuracies regarding the items on our website.

3.4 You are responsible for ensuring the accuracy of the terms and conditions of any order you submit and for providing us with all necessary information relating to the items within a sufficient time to enable us to perform the contract in accordance with its terms.

3.5 The quantity, quality and description of the Items and all specifications for the Items will be those set out on the relevant pages of this Website.

3.6 We reserve the right to make changes to the specification of the items as necessary to comply with applicable statutory or EC requirements.

 

4. Price of the items

4.1 The price of the Items is the price stated on the relevant page of this Website. We reserve the right to change the prices stated on this website provided that, where we accept an order from you, the price for the items will be the price stated in the relevant row at the time the order is placed.

4.2 If the price of the Items increases between the date we accept your order and the delivery date, we will inform you and ask you to confirm by email/written notice that the new price is acceptable. If it is unacceptable, you of course have the option to cancel the order.

4.3 The price for the items does not include insured shipping or packaging. There is an additional charge for postage and packing depending on the size and quantity of the items insured. This fee will be clearly stated on the order form.

4.4 The total price includes applicable VAT.

 

5. Payment terms

5.1 If you provide us with your payment card details and submit the order:

5.1.1 you confirm and undertake that the information contained in the order is true and correct and that you are duly authorized to use the payment card; and

5.1.2 authorize us to deduct the full price of the items and all other payments to which we are entitled under the contract from the payment card account.

5.2 If it is not possible to collect full payment for the Items from your account upon delivery of the Items, we may cancel the order or suspend further deliveries to you. This does not affect any other rights we may have.

5.3 If you return items in accordance with your rights under clause 9, we will credit the payment card with the relevant amount.

5.4 We will not pass on your personal data to third parties without your consent. We cannot be held liable for any losses you suffer unless they are solely due to our negligence. If your payment card is used fraudulently, you have the right to cancel the payment and receive a refund from the card issuer without being charged for the loss.

 

6. Delivery

6.1 The items will be delivered by us or our freight forwarder to the delivery address specified on the order form. It is important that this address is correct. Please indicate exactly where the delivery should be left if you are not at home on the delivery date. Once the items have been delivered according to your delivery instructions, you are responsible. Our responsibility for anything other than our negligence or a defect in construction or design ends upon delivery.

6.2 We will do everything in our power to meet the specified delivery date or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. If we are unable to meet the delivery date, we will notify you. If delivery cannot be made within 30 days of the specified delivery date, you have the right to either reschedule or cancel the order and receive a full refund. If we are able to make delivery before the specified date, we will contact you about it.

6.3 If the order is a bulk order and we are unable to deliver the whole order but only part of it, we will contact you to inform you of this and delivery will take place on a mutually agreed date. In this case the delivery is referred to as a partial delivery. Each delivery constitutes a separate contract and any failure by us to make one or more partial deliveries in accordance with these Terms or any claim by you in relation to one or more partial deliveries will not entitle you to treat the contract as a whole as having been rejected.

6.4 If for any reason beyond our control we are unable to deliver all/part of your items, the refund will be no more than the price of the items, together with delivery and/or reasonable return costs.

6.5 Each party is entitled to terminate the contract if delivery obligations are not met. In the event of cancellation, we will refund you the amounts already paid as well as the return shipping costs incurred.

 

7. Risk and ownership

7.1 Once we have delivered the items or services, you are responsible for them. If a delivery is delayed, our responsibility for anything other than our negligence ends on the day we agree to supply you, as set out in the contract.

7.2 Subject to the provisions of clause 9 and notwithstanding delivery and transfer of risk of the Items or any other provision of these Terms, ownership of the Items will not pass to you until we have received full payment of the price of the Items in cash or cleared funds. The items delivered to you are not for resale.

 

8. Warranties and Liability

8.1 The terms of this Agreement do not affect any additional rights that may exist under any manufacturer's warranty. These are rights granted to you by the manufacturer in addition to your legal rights. Any additional rights granted to you by the manufacturer with respect to the items purchased are not incorporated into this agreement.

8.2 As a consumer, you have legal rights in relation to the return of defective items and claims in respect of losses caused by our negligence or failure to comply with our obligations. The terms of this Agreement do not affect your legal rights. For further information about these rights, please contact Trading Standards or Citizens' Advice Bureau.

8.3 IMPORTANT NOTE: DEADLINE FOR REGISTERING CLAIMS

You are requested to inspect the items as soon as possible after delivery. Any claim by you due to a defect in the quality or condition of the items or your non-conformity with the specification (whether or not you refuse delivery) must be notified to the Company within 14 days of the date of delivery or within a reasonable time of discovery of the defect or non-conformity if the defect or non-conformity was not apparent upon reasonable inspection.

8.4 If we receive a valid complaint in relation to items delivered within 14 days of the delivery date or within a reasonable time if this is not apparent from a reasonable inspection, you are entitled to:

1. i) reject the items and receive a full refund; or

2. ii) have the items (or the part in question) replaced free of charge.

In the case of complaints made after 14 days of delivery or after a reasonable deadline has been exceeded, we are entitled to either:

1. i) replace the items (or the part in question) free of charge, or

2. ii) at our sole discretion, refund you the item price (or a pro-rata part of the price) and we will have no further liability to you.

8.5 Except for death or personal injury caused by our negligence, we will not be liable under this contract for any loss or damage caused by us or our agents in any of the following circumstances

1. i) there has been no breach of any statutory duty of care by us or any of our employees or representatives;

2. ii) such loss or damage is not a reasonably foreseeable consequence of such breach;

iii) any increase in loss or damage arising from your breach of any term of this Agreement.

In the event that you use part of the delivery address for commercial purposes, no liability can be accepted for lost profits or other economic losses resulting from a breach of this agreement.

8.6 Subject to our obligations and your rights under the Terms, we will not be liable to you and will not be deemed to be in breach of contract by reason of any delay in performance or failure to perform our obligations in relation to the Items if the delay or failure is due to any cause beyond our control.

8.7 We accept no responsibility for the content of other websites to which this website contains links.

 

9. Right to withdraw

9.1 You have a cooling-off period of 14 days from the date you received the items to cancel the contract and return the items at your expense and receive a full refund of the purchase price and delivery costs.

9.2 During the cooling-off period, any termination by either party must be made in writing.

9.3 Items must be returned complete and undamaged with all accessories and instructions. All returned items must be in the same condition as received. This means that the items must not be damaged, soiled, washed, altered or worn (except to try them on).

9.4 The right to cancel this contract does not apply to personalized items or items made to your specifications.

9.5 In the event that we supply you with replacement items in accordance with the provisions of clause 2, your right to cancel will apply as set out above except that the costs of returning the items must be borne by us.

 

10. Communication

10.1 Any notice transmitted electronically by email or other means:

10.1.1 is deemed to have been sent as soon as you enter an information system that is beyond the control of the sender of the message;

10.1.2 shall be deemed to have been received by the intended recipient when entered in a readable form into an information system accessible to the intended recipient;

10.1.3 are deemed to have been sent in the case of a company at its main place of business and in the case of a private individual at their usual place of residence;

10.1.4 are deemed to have been received in the case of a company at its main place of business and in the case of a private individual at their usual place of residence.

10.2 To protect your own interests, you should request an acknowledgment of receipt and keep a printout of this acknowledgment of receipt and the original of any correspondence.

 

11. Generally

11.1 Any notice sent by post will be deemed to have been received by the addressee three days after sending if sent first class or five days after sending if sent second class.

11.2 The clauses of these Terms and each sub-clause thereof are several and if any part of any clause or sub-clause is void, invalid or unenforceable, the remaining clauses or sub-clauses will nevertheless be valid and enforceable.

11.3 No term of the Contract is intended to benefit or be enforceable by any person who is not a party to the Contract (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

11.4 If any provision of these Terms and Conditions is found by any court or competent authority to be invalid, illegal or unenforceable, in whole or in part, this shall not affect the validity or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected, nor shall the validity, legality or enforceability of that provision in any other jurisdiction.

11.5 We will attempt to resolve any disagreements quickly and efficiently. If you are unhappy with the way we handle a disagreement and wish to pursue legal proceedings, you should do so within Finland.

11.6 The headings in these Terms are for convenience only and will not affect your interpretation.