Conditions of Sale
The following terms and conditions of sale (the “Conditions of Sale”) govern the offer and sale of goods on the website www.cpcompany.com (the “Website”).
In order to buy the original products bearing the trademark C.P. Company offered for sale on the Website (the “Products”), and you must agree to these Conditions of Sale before you place your order. Failure to accept these Conditions of Sale will not allow you to complete purchases on the Website. It is necessary to carefully read the Conditions of Sale, before submitting the order of the Products.
You must be at least 18 years old and a resident of the UK to place an order on our website.
Your attention is particularly drawn to clause 17 (Our responsibility to you) of these terms, which sets out important limits and exclusions of our liability to you.
The Products are sold directly by Tristate UK Ltd, 86 Jermin Street, St James’ London, SW1Y 6AW, UK VAT n. 410 6562 28, (the “Seller”).
You can contact us by sending an email to customerservice@cpcompany.com
We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
Your use of our Website is governed by our Website Terms of Use.
Any reference to “Seller”, “we”, “us” or “our” in these terms is to Tristate UK Ltd, and any reference to “Customer”, “you” or “yuor” is to the person placing an order on our website.
This Conditions of Sale govern all sales of the Products made by the Seller through its e-commerce activities on the Website.
The sale of the Products refers only to end customers, who are above the legal age, acting for purposes outside their trade, business, craft or profession (the “Customer”).
The offer and the sale of the Products refers only to the purchase made from and to the Great Britain, with the exclusion of the Channel Islands.
The Seller therefore reserves the right not to fulfil any purchase order from non-consumer, from people under the legal age of from any Country different from Great Britain, as stated above.
The Conditions of Sale do not govern the sale or the services by parties other than the Seller, even if there are links, banners or other forms of connection on the Website.
It is Customer’s responsibility to check the Condition of Sale before submitting an order or buying services from parties other than the Seller. The Seller shall not be liable for the sale of any good and/or the provision of any service by third parties and/or the Customer entering into an agreement with any third party.
Please find below all the steps required to finalize a purchase order through the Website. Please check your order carefully and correct any errors before you submit it to us.
5.1 Submitting the order
In order to buy one or more Products on the Website, the Customer shall select the Products he/she intends to purchase and add them to the shopping cart.
After the first step is completed, the Customer shall proceed with the checkout on the Website, fill in the electronic order and submit it to the Seller, following the instruction.
The purchase order will be concluded after filling the order form and flagging the box to accept the Conditions of Sale.
After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy products from us on these terms.
Acceptance of your order by us takes place when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these terms. We will send you a shipping confirmation email to let you know once your order has been dispatched.
If we do not accept your order, for example because we have been unable to pre-authorise the payment, the products are unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the products, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
The purchase orders may be completed in English.
The Customer may submit the order through his/her personal account or through the “guest” user mode, providing for the personal information required to proceed with the order processing.
The purchase order form includes a reference to the Conditions of Sale as well as a summary of the information on the main characteristics of the Products and their price (including all applicable taxes and duties), the accepted methods of payment, the delivery methods of the Products purchased, the shipping costs and estimated delivery times, the condition to exercise the right of withdrawal and methods and times for returning the Products purchased.
The Customer needs to read carefully the Condition of Sale and the Terms of Use before submitting the order, which can be also printed, copied or saved only for personal use.
By submitting the purchase order, the Customer declares to have understood and approved the order form and to have accepted the Conditions of Sale and the terms of Use of the Website, flagging the relevant box.
The Customer may check the order details and correct any data entry errors before submitting the purchase order.
With the submission of the purchase order form, the Customer is required to pay the purchase price stated in the order.
The order form will be stored in the Seller’s database for the period of time necessary to fulfil the order, in compliance with the legal term. Once registered on the Website, the Customer may view the submitted orders, the provided data and the consents given by accessing his/her personal account and browsing the relevant section of the Site. Customers purchasing goods as a “guest” users may check the submitted orders by contacting Customer Service, as set forth in clause 23 “Customer Care”.
5.2 Order confirmation
The Seller will forward to the Customer the receipt of the purchase order, as soon as the purchase order is received. The receipt will contain a summary of the main conditions of sale, information about the main characteristics of the Products and their detailed price (including all applicable taxes and duties), the selected methods of payment, the condition to exercise the right of withdrawal and costs and times of delivery.
The Seller undertakes to promptly e-mail the final order confirmation to the Customer.
The purchase order invoice will be email to the Customer when the Products are shipped.
5.3 Failure to accept the order
The Seller is entitled to reject purchase orders not completed or inaccurate, or if there are not sufficient guarantees of solvency of the Customer or in case of unavailability of the Products. In such cases the Seller shall promptly - and within 14 days from the day after the order has been sent - inform the Customer by e-mail specifying the reasons why the purchase contract has not been concluded and why the Seller will not process the purchase order.
The Seller is also entitled to not accept or reject the purchase orders if there are reasonable grounds to believe that Customer’s intent is to resell the Products, being prohibited to resell the Products purchased on the Website.
If at the order cancellation the Customer has already paid the price, the Seller undertakes to refund the amount paid by the Customer as soon as possible.
All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain products. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken.
If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
On the Website are offered for sale only original Products bearing the trademark C.P. Company, according to the authorization of Tristate Digital SA, authorized and exclusive distributor of the trademark.
The main characteristics of the Products are displayed on the Website on each Product page.
Please read the product description carefully. Pictures and images of the products or their packaging on our Website are for illustration purposes only. Your products and their packaging may vary slightly from those pictures or images.
We cannot guarantee that the colours displayed on your device will match exactly the appearance of your products. The colours of the products displayed on our Website may vary depending on what device you are using and your settings.
Each Product is sold on the Website together with an identification tag which is part of the Product.
All weights, sizes and measurements set out on our Website are as accurate as possible but there may be a small tolerance of up to 3%.
You must use our products only for domestic and personal use. You must not use our products for commercial, business or resale purposes.
Prices for our products are set out on our website. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate. The Products prices do not include shipping and delivery costs, which will be clearly displayed at the beginning of the Product purchase. For any further information on delivery options and costs, go to Shipping page.
Prices for our products and delivery charges may change at any time. Except as set out in the next two paragraphs below, such changes will not affect existing orders.
If there has been an error on the Website regarding the pricing of any of our products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
In case of any computer, manual, technical or other error leading to a substantial and unforeseen change in the sale price, making it either exorbitant or clearly negligible, the purchase order will be considered invalid and cancelled.
The Customer will be promptly notified of the error and of the order cancellation by email and the Seller will provide for full refund of the amount paid within 14 days after the purchase order cancellation.
The methods of payment can be found on the Payment & Security page on the Website and on each purchase order form, being also substantial part of the Conditions of Sale.
The purchase price of the Products and delivery costs, as indicated in the order form, will be charged at the shipping time, except when the selected payment method provides for charging at the order confirmation. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
In the event the Customer chooses to pay by credit card, the payment details (such as the debit/credit card number or date of expiry) will be forwarded using an encrypted protocol to the bank or payment services provider, with no possibility of any third party to have access to such data. The Seller will use the payment information provided by the Customer solely to complete the purchase process for which it was provided for, or to issue a refund if the Products are returned, if the Customer exercises the right of withdrawal, or to prevent fraud or report to the police any fraud on the Website if these data are necessary.
All transactions will be processed through a secure server, ensuring maximum data protection for the Customer. The Seller will in not be held responsible in any way for fraudulent use of credit cards reported by the Customer.
The Product ordered on the Website will be delivered by courier.
Costs, terms and conditions for delivery of the Products are indicated on the Shipping page, and in each order form. They are substantial part of the Conditions of Sale. You will be given available delivery options to choose from when you place your order. We do not deliver to Northern Ireland, Isle of Wight, Isle of Man or any address outside of the UK.
Delivery times of the Products set forth on the Website refer only to working days, with the express exclusion of non-working days.
Your order will be delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed your order. We will deliver your order within 30 days of the shipping confirmation email unless otherwise agreed between you and us.
Any delivery dates stated during the order process, or in your order acknowledgment or shipping confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. In the event that the Product’s delivery is delayed due to objective, extraordinary and unforeseeable events beyond the control of the Seller, the Customer will be promptly informed by the Seller who will take the necessary measures to minimize the consequences of such delay. In such cases, the Seller shall not be held liable for delays resulting from those events, and shall not liable to for any losses incurred by Customer if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays). However, if there is a risk of substantial delay, the Customer may contact Customer Service to terminate the purchase contract and to be refunded of the Products paid for but not received.
We will deliver your order to the address specified by you when you placed your order.
If no one is available to take delivery, we will follow the delivery instructions you provided to us (eg leaving it in a specified safe location or delivering it to a neighbour or nearby business) and email you to let you know where we have left your package. If a further delivery attempt is unsuccessful or we are unable to follow your delivery instructions, we will notify you by email, cancel your order and refund you the price of the products (but not the delivery charge).
Upon Product’s delivery, the Customer is required to check that the number of Products corresponds to what is listed on the transport documents and that the packaging is intact and with no signs of damage, tampering or alternation. If something is found to be wrong, the Customer must immediately inform the courier and either reject the Product or accept it and write their reservations on the delivery slip. The Customer must also promptly inform the Seller’s Customer Service.
Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the products passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed. Ownership of the products passes to you once you have paid for them in full.
The Customer may return any or all of the Products, for any reason, according to the following condition.
13.1 Term to exercise the right to withdrawal
You have 14 days from the delivery date to change your mind and cancel your order. This does not apply to perishable products, bespoke or personalised products, or any products that have a protective or hygiene seal (eg underwear, beauty products, pierced jewellery, DVDs, video games etc) if that seal has been broken.
13.2 How to return the Products
To exercise the right of withdrawal, the Customer has to communicate his/her decision using the withdrawal form on the Website. For this purpose, the Customer has to access the section of the Website relating to the submitted order, complete the withdrawal form and forward it electronically to the Seller. To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.
13.3 How should the returned product be? Can a replacement be requested?
Products must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products.
You are responsible for the products while they are in your possession.
Before returning the Products, it is necessary for the Customer to ensure that the Products have been carefully stored.
The Customer is liable for any decrease in the value of the returned products due to improper handling of the products, save to the extent necessary to verify the characteristics, functions or nature of the products.
The Customer should make every effort to return the Products with the original packaging and with the identification tag.
The Seller may deduct from any refund due to the Customer the decrease in value due to improper handling of the Product. The Seller may no refund any sum if the decrease in value is equal to or greater than the value of the returned products.
If the Customer wish to exercise the right of withdrawal, he/she will not be entitled to receive a different product in replacement of the one returned. To receive a new Product, the Customer will have to submit a new purchase order.
13.4 When returns are not accepted
The Seller is entitled not to accept the withdrawal if the Products are returned without the identification tad and any accessories.
The right of withdrawal may not be exercised when:
· The request for return is forward after maximum period provided by the Conditions of Sale or by law;
· The Products have been made to measure or customized;
· The Products may deteriorate rapidly;
· After the delivery, the Products have been inseparably mixed with other goods;
· Sealed Products may not be returned for hygienic and health reasons if they have been opened after delivery.
13.5 How soon should the Products be returned?
If you have already received your order, you must return the products to us within 14 days of telling us that you want to cancel your order, , to the address set forth in paragraph 8.2. The deadline is met if you send the products back to us before the 14-day period has expired. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the products back from you or until you have provided us with evidence that you have sent the products back (whichever is earlier).
The costs for shipping the returned Products shall be borne by the Customer.
Please, if possible, return the Product in the original packaging.
13.6 Refund timing and procedure
Upon receiving the Products, the Seller will inspect the Products to check if all the above requirements have been fulfilled, according to paragraph 8.
If the returned Products meet all requirements, the Seller will inform the Customer by email that the returned Products have been accepted and will refund the Customer all payments received from him/her, including standard delivery cost.
The Seller will not refund supplementary costs for expedited delivery options chosen by the Customer and/or for gift wrapping and other additional expenses.
Whatever method of payment is used by the Customer, the refund will be completed as quickly as possible by the Seller, after checking that the right of withdrawal has been properly exercised, but in any case, within 14 days from the date on which the Seller received the notice of withdrawal. The Seller may suspend the refund until receipt of the Products or until the Customer can prove that the Products have been returned, whichever is earlier.
The Seller will make the refund using the same methods of payment used by the Customer for the purchase, unless the Customer has expressly agreed otherwise. If the recipient of the Products indicated on the order form does not correspond to the person who paid for them, the refund will be completed by the Seller to the person who made the payment, unless agreed otherwise.
If the terms and conditions for exercising the right of withdrawal as specified in this paragraph 8 have not been respected, the Customer shall have no right to the refund of any sum already paid to the Seller. However, the Customer may, at his/her own expense, obtain the Products back in the condition in which they were returned to the Seller.
If the submitted order contained more than one Product and the Customer requests the return for only some of them, the Seller will refund the price of the returned Products and a proportional amount of the shipping costs incurred, considering the value of each Product.
The products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply products that are in conformity with our contract with you.
During the expected lifespan of your product, you are entitled to the following:
Up to 30 days: If your product is faulty, you can get an immediate refund.
Up to six months: If the product cannot be repaired or replaced, then you are entitled to a full refund in most cases.
Up to six years: If the product does not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 13 above. For more detailed information on your rights, go to www.cpcompany.com or visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
If your products are faulty or misdescribed, please contact us as soon as reasonably possible.
The Seller shall provide a warranty for defective or nonconforming Products. This guarantee applies if the defects or nonconformities are present at the time of delivery or occur within 2 (two) years from the purchase, except for such longer period as may be established by mandatory laws of Customer's country of residence.
15.1 When a Product is defective?
A Product is defective if at the time of delivery is damaged or does not possess the promised qualities or has defects that deprive or greatly decrease its value or suitability for its intended use.
Unless proved otherwise, it will be assumed that conformity defects arising within 6 (six) months from delivery of the product already existed at that date, unless such a scenario is inconsistent with the nature of the goods or with the nature of the conformity defect.
A Product is not defective if it has defects resulting from normal use (i.e. normal wear and tear).
15.2 What to do in case of defective Products?
In order to benefit from the warranty for defective or nonconformity Products, the Consumer has to notify any defect in the product within 2 (two) months from discovery, or within the different term provided for mandatory laws for the Customer’s protection. Any claims to enforce a conformity will be time-limited, in any case, to 26 (twenty-six) months from delivery of the product.
In the event of a lack of conformity reported within the terms provided, the Consumer may, at his/her discretion, ask the Seller, at its own cost, to repair or replace the Products, unless the requested remedy is objectively impossible or excessively expensive compared to the other option. The Consumer may also request, at his/her discretion, an appropriate reduction of the price or he/she can terminate the purchase contract if repair or replacement is impossible or excessively expensive, or if the Seller has not repaired or replaced the Products within a reasonable period or if the previous replacement or repair has caused relevant inconvenience to the Consumer.
In order to benefit from the warranty for defective or nonconformity Products it is recommended to keep and show the purchase documents of the Product. For more information about the warranty for defective or nonconformity Products and to take advantage of the remedies provided by the that warranty, the Consumer can contact Customer Service.
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
No one other than us or you has any right to enforce any of these terms.
We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
You are not allowed to transfer your rights under these terms to anyone without our prior written consent.
If you are unhappy with us or the products you ordered, please contact us at customerservice@cpcompany.com
The laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
The Conditions of Sale may be amended by the Seller from time to time, also due to new laws and regulations.
The amended Conditions of Sale shall be effective upon publication on the Website. Customers are invited to visit the Website regularly and to read the latest version of the Conditions of Sale before submitting any purchase order.
Any contract of sale entered into by the Customer through the Website shall be governed by the condition of sale in effect when the purchase order is submitted.
For assistance with the Products, or for more information, suggestions, complaints and/or any other request, the Customer may contact the Seller’s Customer Service at any time using the Contact form or the following contact details:
- By e-mail: customerservice@cpcompany.com;
- by post: Tristate UK Ltd c/o Tristate Digital SA, Via San Martino 16, 6850 Mendrisio (CH).