Terms & Conditions

    Introduction

    These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and the owner and operator of this Website. Please read these, Kate Mountain terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. In these terms and conditions, or means any third party that accesses the Website and is not either (i) employed User Users by and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing Kate Mountain services to and accessing the Website in connection with the provision of such services. Kate Mountain You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

    Intellectual property and acceptable use

    1. All Content included on the Website, unless uploaded by Users, is the property of our affiliates or, Kate Mountain other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
    2. You may, for your own personal, non-commercial use only, do the following: a) retrieve, display and view the Content on a computer screen b) print one copy of the Content
    3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Kate Mountain

    Prohibited use

    1. You may not use the Website for any of the following purposes: a) in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website; b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

    Privacy Policy

    1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: https://katemountain.co.uk/privacy-policy/

    Availability of the Website and disclaimers

    1. Any online facilities, tools, services or information that makes available through the Website (the Kate Mountain) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects Service and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Kate Mountain is under no obligation to update information on the Website.
    2. Whilst Kate Mountain uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
    3. Kate Mountain accepts no liability for any disruption or non-availability of the Website.
    4. Kate Mountain reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

    Limitation of Liability

    1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
    2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
    3. To the maximum extent permitted by law, Kate Mountain accepts no liability for any of the following:a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;b) loss or corruption of any data, database or software;c) any special, indirect or consequential loss or damage.

    General

    1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
    2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
    3. These terms and conditions contain the whole agreement between the partiestogether with the Privacy Policy relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
    4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
    5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
    6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
    7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts.English and Welsh

    Sales

    Please read all these Terms and Conditions. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.

    Application
    1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We
    are Kate Mountain of Hampshire, with email address kate@katemountain.co.uk; (the Supplier or us or we).
    2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to
    enter into a contract and are at least 18 years old.

    Interpretation
    3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
    4. Contract means the legally-binding agreement between you and us for the supply of the Services;
    5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
    6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is
    long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
    7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
    8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process
    set out on the Website;
    9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
    10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
    11. Website means our website www.katemountain.co.uk on which the Services are advertised.
    12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and
    colour of any Goods supplied.
    13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
    14. All Services which appear on the Website are subject to availability.
    15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

    Personal Information
    18. We retain and use all information strictly under the Privacy Policy.
    19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

    Basis of Sale
    20. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we
    will try to tell you the reason without delay.
    21. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
    22. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
    23. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
    24. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate
    for you and which might, in some respects, be better for you, eg by giving you rights as a business

    Fees and Payment
    25. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in
    writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
    26. Fees and charges include VAT at the rate applicable at the time of the Order.
    27. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

    Delivery
    28. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement: in the case of Services, within a reasonable time; and in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the
    Contract is entered into.
    29. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
    30. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on
    time was essential; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
    31. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
    32. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies)
    without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

    Risk and Title
    33. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
    Withdrawal and Cancellation
    34. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
    35. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.

    Right to Cancel
    36. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
    37. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
    38. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You must be able to show clear evidence of when the cancellation was made.
    39. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Commencement of Services in the Cancellation Period
    40. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service. Effects of Cancellation in the Cancellation Period
    41. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

    Payment for Services Commenced During the Cancellation Period
    42. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied,
    ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the
    basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

    Timing of Reimbursement
    43. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

    Returning Goods
    44. For the purposes of these Cancellation Rights, these words have the following meanings: distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and
    services as its object.

    Conformity
    45. We will supply the Services with reasonable skill and care.
    46. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into
    account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
    Duration, Termination and Suspension
    47. The Contract continues as long as it takes us to perform the Services.
    48. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or is subject to any step towards its bankruptcy or liquidation.
    49. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

    Successors and Our Sub-Contractors
    50. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help
    perform its duties. Circumstances Beyond the Control of Either Party
    51. In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other party as soon as reasonably practicable; and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

    Privacy
    52. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
    53. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (https://katemountain.co.uk/privacy-policy/) 
    54. For the purposes of these Terms and Conditions: ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR. ‘GDPR’ means the UK General Data Protection Regulation. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
    55. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
    56. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the
    Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.
    57. For any enquiries or complaints regarding data privacy, you can e-mail: kate@katemountain.co.uk.

    Excluding Liability
    58. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which
    was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession. Governing Law, Jurisdiction and Complaints
    59. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
    60. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
    61. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

    Kate Mountain details

    1. Kate Mountain of Hampshire operates the Website www.katemountain.co.uk. You can contact by email on.  kate@katemountain.co.uk

    Attribution

    1. These terms and conditions were created using a document from (https://www.rocketlawyer.co.uk).