Terms & Conditions

  1. Definitions

    1. In these Terms the following definitions will have the following meanings:
        Agreement these Terms and the Order Form;
        Consumer the term as defined by the Consumer Protection (Distance Selling) Regulations 2000, Statutory Instrument 2000 No. 2334;
        Contact Address
        Cross House
        Unit 14
        Windmill Trading Estate
        Thistle Road
        LU1 3XJ
        Cross AT Cross Limited which is a company incorporated and registered in England and Wales (registration number 01410574) whose registered office is at:
        Cross House
        Unit 14
        Windmill Trading Estate
        Thistle Road
        LU1 3XJ
        Customer the Customer named as such on the Order Form;
        Data all personal information provided by the Customer
        Delivery Location the location specified as such on the Order Form
        Delivery Option the delivery method selected by the Customer on the Order Form
        Goods any goods agreed in the Agreement to be purchased by the Customer from Cross (including any part or parts of them)
        IP Rights any copyright, patent, registered design, design rights, utility models, trade marks, trade secrets, know how, database rights, confidential information or any other registered or unregistered intellectual property rights of whatever nature subsisting anywhere in the world
        Order Form [the order form shown on the [shopping basket/ confirmation of order] page of the Website setting out the Customer’s offer to purchase the Goods from Cross;]
        Privacy Policy The Privacy Policy operated by Cross from time to time which sets out the terms on which Cross collect Customer’s Data and use such Data
        Terms the terms and conditions set out in this document
        Website the website operated at the domain www.cross.com and
        Working Day Monday and Friday except for bank and public holidays.
    2. In these Terms:
      1. the singular includes the plural and vice versa;
      2. references to gender include references to all genders;
      3. unless otherwise stated, references to clauses are to clauses of these Terms;
      4. the clause headings are for reference only and will not affect the construction or interpretation of these Terms; and
      5. references to statutes, any statutory instrument, regulation or order will be construed as a reference to such statute, statutory instrument, regulation or order as amended or re-enacted from time to time.
    3. All agreements for the supply of Goods by Cross ordered via the Website are made upon and subject to these Terms so far as they are not inconsistent with any terms on the face of the Order Form and (except for such terms stipulated on the Order Form) to the exclusion of any other terms (including any terms which the Customer purports to apply under any purchase order or other document). Each Order Form completed by the Customer will be deemed to be an offer to purchase the Goods from Cross subject to these Terms. Cross reserves the right to amend, alter, or update these Terms at any time.
    4. Cross reserves the right to refuse any offer for any reason. Cross may contact a Customer where Cross will not accept the Customer’s offer. Where Cross do not contact a Customer within 14 days of the Customer’s Order Form being submitted, Cross will be deemed to have accepted the Customer’s offer.
  2. Price

    1. The price for the Goods shall be the price specified on the Order Form unless Cross contacts the Customer to inform the Customer there has been an error in the price specified for the Goods. The price is payable in British pounds sterling and includes VAT at the current rate. Postage and packing is not included in the displayed offer price of the Cross products.
    2. Payment shall be made on the date the Customer’s offer is submitted. The Customer acknowledges that Cross will not accept the Customer’s offer if the sums to be paid under the Agreement are not received by Cross in cleared funds, subject at all times to clause 1.4.
    3. Without prejudice to any other rights or remedy that Cross may have, if the Customer fails to pay any amount payable by it under the Agreement, Cross may charge the Customer interest on the overdue amount. The Customer shall pay the interest immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 8% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis and may be compounded quarterly.
    4. The Customer will make all payments due to Cross in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by Cross to the Customer.
  3. Title and Risk

    1. Legal title in the Goods shall pass to the Customer when the Goods have been fully paid for by the Customer.
    2. Where legal title in the Goods has not passed to the Customer by the time of delivery in accordance with clause 3.1, risk in the Goods shall pass to the Customer at the time of delivery.
  4. Consumer Website Sales - Cancellation Rights

    1. Clauses 4.2 to 4.6 shall only apply to Customers who are Consumers who purchase the Goods.
    2. The Customer may cancel the Agreement with Cross at any time up until the expiry of the seventh Working Day from the day after the day on which the Customer receives the Goods. The Customer is not required to give Cross any reason for cancelling the Agreement.
    3. To cancel the Agreement, the Customer must send written notification to Cross at the Contact Address.
    4. If the Customer has received the Goods before it has cancelled the Agreement then the Customer must send the Goods back to Cross at the Contact Address at the Customer’s own cost and risk. If the Customer cancels the Agreement but Cross has already processed the Goods for delivery the Customer must not unpack the Goods when they are received by the Customer and it must send the Goods back to Cross at the Contact Address at the Customer’s own cost and risk as soon as possible.
    5. Once the Customer has notified Cross that it is cancelling the Agreement, any sum debited to Cross from the Customer’s bank payment card will be re-credited to the Customer’s account as soon as practicable and in any event within 30 days of the notice of cancellation being given and the Customer will be responsible for the costs of returning the Goods to the Contact Address [and will return the Goods either in person or by sending them by a postal service which provides for the delivery of the Goods by post to be recorded]. If the Customer does not return the Goods delivered to him or does not pay the costs of delivery, Cross shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to the Customer. The Customer acknowledges that he will be under a duty to take reasonable care of the Goods at all times when the Goods are in his possession before returning the Goods to Cross under this clause 4.5.
    6. The Customer is not entitled to cancel the Agreement or return the Goods where the Goods have been made to the Customer’s personal specifications.
  5. Delivery of Goods to the Customer

    1. Cross will arrange for the Goods ordered by the Customer to be delivered to the Delivery Location in accordance with the Delivery Option.
    2. Delivery will be charged at the price specified on the Website from time to time for the Delivery Option selected by the Customer.
    3. Any dates specified by Cross for delivery of the Goods under the Delivery Option is intended to be an estimate and time for delivery shall not be made of the essence by notice.
    4. Cross will not be liable for any non-delivery of Goods (even if caused by Cross’s negligence) unless the Customer gives written notice of the non-delivery within [30] days of the date when the Goods would in the ordinary course of events have been received.
    5. Any liability of Cross for non-delivery of the Goods will be limited to Cross (at its sole discretion) replacing the Goods within a reasonable time or issuing a credit note on a pro rata basis against any invoice raised for such Goods.
    6. If for any reason Cross is unable to deliver the Goods on time because the Customer, the Customer’s agents or the Customer’s contractors is not present at the Delivery Location, or has not provided appropriate instructions, documents, licences or authorisations, or any other act or omission by the Customer, the Customer’s agents, the Customer’s contractors:
      1. the Goods shall be deemed to have been delivered; and
      2. Cross may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, re-delivery, storage and insurance).
    7. Upon delivery, the Customer agrees to carefully open all boxes and remove protective packaging and advise Cross of any damage within [30] days of delivery.
    8. If the Goods delivered to the Customer are damaged or defective, Cross shall have no liability to the Customer unless the Customer notifies Cross in writing at the Contact Address of such damage or defect within [30] days of the relevant delivery date. If the Customer provides written notification under this clause, Cross’s will at Cross’s option:
      1. replace or repair any Goods that are damaged or defective; or
      2. refund to the Customer the amount paid by the Customer for the damaged/ defective Goods.
      The Customer acknowledges that it will have no other remedy for any defective damaged/ defective Goods other than as provided for in this clause.
  6. Information on the Website

    1. Cross will attempt to ensure that the information available regarding the goods it offers for sale on the Website at any time is accurate. However, Cross will not be held liable for any errors or omissions and to the fullest extent permitted by law does not warrant the accuracy or completeness of the information, text, graphics or other items contained within the Website. Cross will use reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
    2. Cross may make changes to the information, text, graphics or other items contained within the Website, or to the goods described therein, at any time without notice. Cross makes no commitment to update these materials.
    3. All drawings, descriptive matter and specifications of the Goods on the Website are for the sole purpose of giving an approximate description of the Goods and shall not constitute a sale by description.
  7. Customer Obligations

    1. The Customer warrants that all details provided on the Order Form for the purpose of offering to purchase the Goods and entering into the Agreement are correct, and that where the Customer is using a bank payment card, the Customer is authorised to use the bank payment card and that there are sufficient funds and/ or sufficient unused limit available to cover the cost of the Goods.
    2. The Customer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods (which includes, without limitation, the payment of any necessary import duties). The importation or exportation of the Goods to the Customer may be prohibited by certain national laws. Cross make no representation and accepts no liability in respect of the export or import of the Goods that the Customer purchases.
  8. Limitation of Liability

    1. Neither party excludes or limits liability to the other party for death or personal injury caused by that party’s negligence, or liability for fraudulent misrepresentation, or any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
    2. Subject to clauses 8.1 and 8.3, the entire financial liability of Cross in respect of breaches of the Agreement or of any other duty to the Customer or for negligence in connection with the subject matter of the Agreement will be limited to £50.00.
    3. Subject to clause 8.1, in no event will Cross be liable to the Customer for any of the following however and whenever arising:
      1. loss of profits; or
      2. loss of business; or
      3. loss of revenue; or
      4. loss of data; or
      5. loss of goodwill; or
      6. loss of anticipated savings; or
      7. any special, indirect, consequential or pure economic loss, damage, costs or expense.
  9. IP Rights

    1. The parties acknowledge that the IP Rights and all other rights in the Goods and documentation will belong to Cross and/ or the relevant owner.
    2. Cross hereby grants the Customer a non-exclusive, non-transferable licence to use the IP Rights in the Goods and the documentation supplied by Cross to the Customer to such extent as is necessary to enable the Customer to make reasonable use of the Goods and the documentation.
    3. Save for clause 9.2, no other license or right to use any of the IP Rights of Cross is granted.
  10. Termination

    1. Notwithstanding any other provisions herein contained, and without prejudice to any other rights that the parties may have, Cross may forthwith terminate the Agreement by written notice to the Customer if the Customer:
      1. is in material breach of a provision of the Agreement and fails to remedy such breach (if capable of remedy) within [30] days of having received written notice of breach; or
      2. (being an individual) has a statutory demand or bankruptcy order being made against him or makes an arrangement or composition with creditors or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) enters into administration (whether out of court or otherwise), receivership, liquidation, a formal arrangement with its creditors or analogous proceedings or procedure, or is otherwise insolvent or ceases or threatens to cease to trade.
    2. Termination of the Agreement will be without prejudice to any accrued rights or obligations of the parties.
    3. All sums payable under the Agreement by the Customer to Cross will become immediately due for payment upon termination.
  11. Force Majeure

    1. Neither party will be liable for any failure or delay in the performance of the Agreement which is caused by circumstances beyond the reasonable control of the defaulting party including without limitation acts of God, war or national emergency, acts of terrorism, fire, explosion, delay of supplier or Carrier, government act or regulation, adverse weather, flood or any other force or event beyond our control (“Force Majeure”), provided always that the defaulting party uses all reasonable endeavours (but without an obligation to incur cost) to minimise the period of disruption caused by the Force Majeure.
    2. If either party is prevented from performance of its obligations by reason of Force Majeure for a continuous period in excess of [3] months, the other party may terminate the Agreement forthwith on service of written notice upon the party so prevented, in which case neither party will have any liability to the other except that rights and liabilities which accrued prior to such termination will continue to subsist.
  12. Data Protection Cross uses all personal information provided by the Customer (“Data”) in accordance with applicable data protection law and in accordance with Cross’ Privacy Policy.

  13. General

    1. The Agreement contains the whole agreement between the parties in respect of the subject matter and supersedes any prior written or oral agreement between them relating to it and the parties confirm that they have not entered into the Agreement on the basis of any representations that are not expressly incorporated in the Agreement. Nothing in the Agreement will, however, operate to limit or exclude any liability for fraud.
    2. No amendment to the Agreement will be binding unless made in writing and signed by both parties.
    3. The Customer will not assign, charge or otherwise transfer to a third party any of its rights or obligations hereunder without the prior written consent of Cross. Cross may assign, transfer or sub-contract any of its rights or obligations hereunder without the consent of the Customer.
    4. No waiver of any breach of any of the parties’ obligations hereunder will represent a waiver of the waiving party’s rights hereunder or of any subsequent breach.
    5. The parties respectively will and will procure that any other necessary party will execute all such documents and do all acts and things as may reasonably be required on or subsequent to completion of the Agreement for securing each of the obligations of the parties under the Agreement.
    6. None of the provisions of the Agreement are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party to the Agreement.
    7. Any notice served under the Agreement:
      1. will be made in writing and either delivered personally or sent by recorded delivery to the party to whom the notice is addressed at, in the case of Cross, the Contact Address and, in the case of the Customer, the Delivery Location or such other address as a party may specify by notice in writing to the other parties;
      2. in the absence of evidence of earlier receipt will be deemed to have been duly given:
        1. if delivered personally, when left at the address referred to in clause 13.7.1; or
        2. if sent by recorded delivery, at the time recorded by the delivery agent.
    8. For the avoidance of doubt electronic mail will be deemed to be “writing” for the purpose of the Agreement but this will not prejudice the express requirements for delivery of notices under clause 13.7.
    9. If any provision of the Agreement is held to be void or unenforceable in whole or in part, the Agreement will continue to be valid as to the other provisions thereof and the remainder of the affected provision.
    10. The Agreement will be binding on and will continue for the benefit of the permitted successors and permitted assigns (as the case may be) of each of the parties.
    11. All provisions of the Agreement will so far as they are capable of being performed and observed continue in full force and effect notwithstanding any expiry or earlier termination.
  14. Applicable Law

    1. The Agreement will be governed by and construed in accordance with the laws of England and Wales and each party to the Agreement submits to the exclusive jurisdiction of the English courts.