Terms of service
JOHN COWELL LTD
WEBSITE, ORDERS & TERMS AND CONDITIONS OF SALE
These Terms and Conditions apply to the use of the John Cowell Ltd website and to goods ordered from John Cowell Ltd.
By using our website and/or placing an order with us, you acknowledge that your use of the website and any purchase will be subject to these Terms and Conditions, our Shipping & Delivery Policy and Return & Refund Policy, together with any information and conditions stated in the relevant product listing.
Customers should read the relevant product description, measurements, delivery information and applicable terms before placing an order.
Nothing in these Terms and Conditions excludes or restricts any statutory right or remedy that cannot lawfully be excluded or restricted.
Website & Product Information
John Cowell Ltd takes reasonable care to ensure that product descriptions, photographs, measurements, specifications, prices, stock information and other information displayed on our website are accurate at the time of publication.
Occasional administrative, technical or human errors may nevertheless occur. We reserve the right to correct errors and update website information where necessary.
Product photographs are intended to provide a reasonable representation of the goods. Actual colours and appearance may vary because of photography, lighting, screen settings, device displays and the individual characteristics of the product.
Unless expressly stated otherwise, dimensions, weights and measurements are approximate. Customers are responsible for checking the description, dimensions and suitability of an item before ordering, including whether adequate access is available to receive the goods at the nominated delivery address.
Vintage, Antique, Handmade & Distressed Goods
John Cowell Ltd sells products which may be vintage, antique, reclaimed, handmade, hand-finished, distressed, rustic, weathered or deliberately manufactured to have an aged appearance.
The nature of these products means that they should not necessarily be expected to have the appearance or uniform finish of a newly manufactured mass-produced item.
Variations in colour, shade, texture, markings, patina, surface finish, signs of age or previous use, weathering and minor imperfections may form part of the individual character and intended appearance of the product.
Customers should therefore carefully consider the product description, photographs and measurements before purchasing.
Orders, Prices & Stock Availability
Placing an order and making payment through our website does not necessarily mean that John Cowell Ltd has accepted the order.
We make reasonable efforts to maintain accurate prices and stock information, but stock levels can change and products may occasionally be sold, discontinued, withdrawn or become unavailable before the website has been updated. A product may also occasionally be affected by an incorrect price, description, photograph, specification, delivery charge or other listing error.
John Cowell Ltd reserves the right, where reasonably necessary and legally permitted, to decline, hold or cancel an order before acceptance or fulfilment. This may include circumstances where goods are unavailable, we cannot deliver to the requested destination, there has been a material pricing or listing error, goods have been withdrawn or recalled, payment has not been successfully authorised, information supplied with the order cannot reasonably be verified, we reasonably suspect fraudulent or unauthorised activity, or circumstances outside our reasonable control prevent fulfilment.
Where we cannot accept or fulfil an order, we will notify the customer where appropriate. Where payment has already been received for goods that we are unable to supply, the amount paid for those goods will be refunded without undue delay to the original payment method where appropriate.
Prices are displayed inclusive of VAT where applicable unless clearly stated otherwise.
Payment & Ownership of Goods
Unless alternative payment terms have been expressly agreed in writing by John Cowell Ltd, goods are supplied on a pro-forma basis and will not be dispatched until payment has been received in full.
All goods remain the property of John Cowell Ltd until payment has been received in full, subject to applicable law.
Where payment becomes overdue in a qualifying business-to-business transaction, John Cowell Ltd reserves the right to claim interest and any other applicable sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Billing Address, Payment Verification & Fraud Prevention
Customers are responsible for ensuring that the information supplied when placing an order is complete and accurate.
The billing address should correspond with the address registered to the cardholder and payment method being used. Where payment or customer information cannot reasonably be verified, contains material discrepancies or gives rise to legitimate concerns regarding the transaction, we reserve the right to carry out additional checks and to hold, decline or cancel the order where appropriate.
Where John Cowell Ltd reasonably suspects that an order, payment or information supplied in connection with a transaction may be fraudulent, unauthorised, misleading or otherwise unlawful, we may undertake appropriate fraud-prevention checks.
Where required or permitted by law, relevant information and records may be retained and disclosed to a payment processor, acquiring bank, card issuer, fraud-prevention provider, law-enforcement body or other appropriate authority.
We may not be able to disclose details of fraud-prevention checks or investigations where disclosure would be unlawful, inappropriate or could prejudice an investigation or fraud-prevention measure.
Delivery Address & Third-Party Deliveries
Customers are responsible for providing a complete and accurate delivery address when placing an order.
Once goods have been dispatched, we may be unable to change or redirect the delivery destination. Customers should therefore notify us immediately if an address requires correction before dispatch. Once goods have entered a carrier's network, John Cowell Ltd cannot guarantee that any requested address change or redirection will be possible.
Our contract for the supply of goods is with the person or business purchasing the goods from John Cowell Ltd.
Where a purchaser instructs us to deliver goods to a client, another business, a project address or another third-party address, delivery to that address does not by itself create a contractual relationship between John Cowell Ltd and the third party.
The purchaser is responsible for ensuring that somebody at the nominated address is available to receive and inspect the goods in accordance with our delivery requirements.
Where a purchaser buys goods for resale, supply to their own customer or use as part of a client project, any separate sale, contract or arrangement between the purchaser and their customer remains between those parties. John Cowell Ltd does not become a party to that separate agreement merely because we supplied the goods or delivered them directly to the purchaser's nominated third-party address.
The purchaser remains responsible for their own representations, agreements and obligations to their customer or client.
Inspection of Goods on Receipt
All goods collected or received must be checked immediately on receipt.
Any damage, fault, shortage or discrepancy should be reported to John Cowell Ltd as soon as possible and within 12 hours of receipt, together with photographs of the goods and packaging where appropriate.
Signing a carrier's delivery note "unchecked" does not remove the requirement for the person receiving the goods to inspect them promptly upon receipt.
Where goods are delivered directly to a client, business, project address or other third party at the purchaser's request, the purchaser is responsible for ensuring that the person receiving the goods is made aware of these inspection requirements.
Prompt inspection and reporting are important because they allow the condition of the goods at or shortly after delivery to be established and enable us, where appropriate, to investigate the matter with the carrier.
The 12-hour reporting requirement does not exclude or restrict any statutory right or remedy that cannot lawfully be excluded or restricted.
Assembly & Installation
John Cowell Ltd does not provide assembly or installation as part of the sale or delivery of goods unless expressly agreed otherwise in writing.
Where goods require assembly, positioning, fitting, plumbing, electrical work, groundwork, lifting equipment or other specialist work, the purchaser is responsible for making the necessary arrangements.
Where appropriate, such work should be undertaken by a suitably qualified or competent person.
Goods should be checked before assembly or installation begins, particularly where an item is supplied in separate components.
Chargebacks & Payment Disputes
A customer's lawful right to raise a chargeback or payment dispute is not affected by these Terms and Conditions.
Where a chargeback or payment dispute is raised, John Cowell Ltd reserves the right to contest the claim and provide relevant evidence to the payment provider, acquiring bank, card issuer or card scheme.
Subject to applicable law, relevant evidence may include order and payment records, billing and delivery information, proof of dispatch and delivery, carrier tracking, photographs, customer correspondence, product information and records relating to any reported fault, attempted return or other disputed matter.
Information provided in connection with a chargeback or payment dispute should accurately reflect the transaction and the circumstances relied upon.
A chargeback decision is separate from the determination of any underlying civil liability. Where funds are removed from John Cowell Ltd following a chargeback and we consider that a sum nevertheless remains legally due, we reserve the right to pursue any remedy available to us, including recovery through the County Court where appropriate, together with any interest, court fees or other sums recoverable by law.
Trustpilot & Customer Reviews
John Cowell Ltd uses Trustpilot, an independent review platform, to collect feedback from customers.
Customers who place an order may receive an automatically generated Trustpilot review invitation or notification using the contact information associated with their order. These invitations are automated and are not necessarily sent manually by John Cowell Ltd.
Because the process is automated, a review invitation may occasionally be sent before an order has been dispatched or delivered, particularly where an item has a longer delivery period or is being transported by a specialist or independent carrier. Receipt of a review invitation is therefore not confirmation that an order has been dispatched or delivered.
Customers are entitled to leave an honest review reflecting their genuine experience with John Cowell Ltd, whether positive or negative.
Where a customer experiences a problem, we encourage them to contact us and provide a reasonable opportunity for the matter to be investigated and resolved before or alongside publishing a review. Contacting us first is not a condition of the customer's right to leave an honest review.
Where we reasonably believe that a review contains materially false or misleading statements, materially misrepresents the circumstances of a transaction, is not based upon a genuine experience or otherwise breaches the review platform's applicable rules, John Cowell Ltd reserves the right to respond to the review and/or refer it to Trustpilot for assessment under its procedures.
Where appropriate and lawful, relevant order, delivery and correspondence records may be relied upon when responding to or verifying matters raised in a review.
Copyright & Website Content
Unless otherwise stated, the written content, product descriptions, photographs, videos, graphics, logos, branding and other original content displayed on the John Cowell Ltd website are owned by or licensed to John Cowell Ltd and are protected by applicable intellectual-property law.
Website content may be viewed for normal personal browsing and purchasing purposes. Except where otherwise permitted by law, our content must not be copied, reproduced, republished, distributed, commercially exploited or materially modified for another commercial purpose without our prior written permission.
Other Policies
These Terms and Conditions should be read together with our Shipping & Delivery Policy and Return & Refund Policy.
Information contained in an individual product listing also forms important information concerning that particular product. Customers should review the relevant listing before purchasing.
Statutory Rights
Nothing in these Terms and Conditions, our Shipping & Delivery Policy, Return & Refund Policy or individual product information is intended to exclude, restrict or remove any statutory right or remedy that cannot lawfully be excluded or restricted.
Where any provision conflicts with a mandatory legal right, that mandatory legal right will apply.
JOHN COWELL LTD – ENGLAND
ALL RIGHTS RESERVED