Order And Contract Creation

In order to buy anything on Minerva, you will need to add the product to the basket and let us guide you through the checkout process. We will ask you to provide the details required to fulfil your order. Soon after that we will dispatch your items and send you an email, confirming that your order has been shipped. Remember that all products displayed on Minerva are subject to availability and subject to our acceptance of your order.

The Contract will apply to the exclusion of any other terms, including any terms and conditions which you may purport to apply under any purchase order, confirmation of order or other document. By placing an order with us you acknowledge that any business conducted thereunder will be subject to these Terms of Sale. A Contract will only subsist after we have debited your payment card and sent an Order Confirmation (whether or not you have received it) and will relate only to Goods specified in the Order Confirmation.

Nothing in these Terms of Sale shall operate to deny or limit any of your rights as a consumer by law.

All Goods offered for sale are subject to availability and subject to our acceptance of the order. No order shall be deemed accepted by us unless and until it is confirmed unconditionally by us via email.

The technical steps required to create the Contract between us are as follows:

You place the order for your Goods on the Websites by adding the Goods to your basket and pressing the checkout button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the relevant Website.

You fill in all the details required to complete a purchase and make a payment. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

We will send to you an order acknowledgement email detailing the Goods you have ordered. You should check that the details in this order acknowledgment are correct, and keep a copy of it.

You will receive an Order Despatched Confirmation for your order via email once your order has been shipped. The completion of the Contract will take place on the dispatch to you of the Goods ordered unless we have notified you that we do not accept your order, or you have cancelled it. The Contract will relate only to the Goods stated in the Order Confirmation. We will not be obliged to supply any Goods in your order until you receive an Order Confirmation.

You should check that the details in the Order Confirmation are correct, and keep a copy of it.

We reserve the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at its sole discretion. Non-acceptance of an order may be a result of one of the following:

• - the Goods you ordered being unavailable;
• - our inability to obtain authorisation and confirmed receipt for your payment;
• - the identification of a pricing or product description error; or
• - you not meeting the eligibility to order criteria set out in the Terms of Use.

Description Of Products

We make every effort to provide accurate and helpful information to our customers, nevertheless you should take care when relying on information provided by us, and check against the manufacturer's instructions.

All Goods displayed for sale on the relevant Website are subject to their product description which sets out additional specific conditions related to those Goods, including without limitation, terms and conditions concerning estimated delivery dates and times, warranties and returns eligibility. The Goods may come with certain guarantees that cannot be excluded under the CCA. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

We will take all reasonable care to ensure that all details, descriptions and prices of Goods appearing on each Website are correct at the time when the relevant information is entered onto the system. Although we aim to keep the Website as up to date as possible, the information, including product descriptions, appearing on the Website at a particular time may not always reflect the position exactly at the moment you place your order. We will notify you of any material changes to this information which shall be deemed to have been accepted by you unless we receive a notification in writing within 14 days upon notification. It is your responsibility to provide us with a valid e-mail address for such communications.

While we make every effort to provide accurate and helpful information, commentary and other materials posted on the Website are a guide only and not intended to amount to advice on which reliance should be placed. To the fullest extent permitted by applicable law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Price

Our product prices include VAT (or other sales tax) but exclude delivery costs. The total order price will be displayed before you confirm your commitment to an order and make a payment.

“Order Price” means the price at which we have agreed to accept your order and is deemed inclusive of delivery charges and any VAT or other sales tax. “Delivery price” is quoted for delivery in the United Kingdom unless otherwise specified. “Product Price” quoted on the relevant Website is the sale price of the product that includes VAT or other sales tax which is chargeable on the sale of the Goods but exclude delivery costs and any costs related to importing products to a country outside the UK.

We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to change the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control. In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.

Communications

Our email communications will be considered to be notice in writing.

You accept that e-mail and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Risk And Property

As soon as we receive your payment and your order is delivered, you become responsible for damage to or loss of the goods.

Risk of damage to or loss of the Goods will pass to you on receipt of delivery at the agreed address (and in the case of Digital goods, “delivery” shall mean the date on which the Order Confirmation containing the link to download such Digital product is sent to you). Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from us until we have received in cleared funds full payment of the Order Price and all other sums which are due, owing or payable by you to us in respect of the Contract or any other Contract between us and you.

Our Liability To You

If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. Subject to the rest of this Section, our liability to you for any losses, costs, claims liability arising out of or in relation to the Contract (whether based in contract, tort (including the tort of negligence), strict liability or otherwise) is limited to £100.

We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

• - death or personal injury caused by our negligence;
• - fraud or fraudulent misrepresentation;
• - any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• - any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
• - any breach of the obligations imposed by the CCA;
• - defective products under the Consumer Protection Act 1987 or the CCA;
• - any liability which cannot be excluded or restricted under the Consumer Rights Act 2015 or the CCA or the CGA (in each case, as applicable).
• - Please also note that we are under a legal duty to supply goods that are in conformity with the Contract.

Force Majeure

Neither Minerva, nor our affiliates, directors, employees or contractors will be liable in any way for loss, damage, costs or expenses (including, but not limited to, loss of reputation, office time or profit) arising directly or indirectly from any failure or delay in performing any obligation under a Contract by reason of any event or circumstance outside our (or their) reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

Survival

We believe these terms are fair and sensible. Even if one or more of these terms cannot be enforced, the rest of these terms will remain in force.

Each provision of these Terms of Sale shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Other Important Terms

There are a few more things you should know about the Contract.

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Jurisdiction And Applicable Law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to these Terms of Sale and/or a Contract.

These Terms of Sale, a Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

If you are resident in the European Union, the following European Commission online dispute resolution platform is available to you as a framework for extrajudicial settlements of disputes arising from online contracts: http://ec.europa.eu/consumers/odr/

Your Concerns

Contact us any time if you have any concerns. If you have any comments or concerns related to your purchase of any Goods from us, please contact us using the contact form on Minerva, phone us on 01254 708068, or write to us at: Minerva Craft Centre, Atlas Road, Darwen, Lancashire, BB3 3BY, United Kingdom.