What these terms cover. These are the terms and conditions on which we supply products to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
When we use the terms 'you' or 'your' in these terms, we mean you the purchaser of our products, whether the purchase is made in a consumer or business capacity.
1. OUR CONTRACT WITH YOU
You can order products displayed on this website by ordering online or by telephoning us.
1.1 How we will accept your order. Our acceptance of your order will take place when we send you an email confirmation along with an invoice for the products you have ordered. At this point a contract will come into existence between you and us.
1.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.
1.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
1.4 We only sell to the UK and the Republic of Ireland. Our website is solely for the promotion of our products in the UK and the Republic of Ireland and the products featured in this website are only available to UK & Republic of Ireland customers. Unfortunately, we do not accept orders from addresses outside of the UK and the Republic of Ireland.
2. OUR PRODUCTS
2.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
2.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
3. OUR RIGHTS TO MAKE CHANGES
3.1 Minor changes to the products. We may change the product:
3.1.1 to reflect changes in relevant laws and regulatory requirements; and
3.1.2 to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not affect your use of the product.
3.2 More significant changes to the products and these terms. In addition, we may make further changes to the product and these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
4.1 Where to find the price for the product. The price of the product (excluding VAT) will be displayed on our web pages. Postage costs and VAT will be added to the price of the product once you put the product in your cart and proceed to the checkout page of the website. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 4.3 for what happens if we discover an error in the price of the product you order.
4.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
4.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. Where the product's correct price at your order date is less than our stated price at your order date, we will charge you the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
5.1 When you must pay and how you must pay. We accept payment by most major credit and debit cards (Visa, MasterCard, Switch, Solo or Delta). No surcharge will be added to the cost of the item. You must pay for the product before we dispatch it and your credit or debit card is usually charged when the contract between us comes into existence in accordance with clause 1.1. Payment may take 2-3 working days to process. To ensure that shopping on-line is secure, your credit/debit details will be encrypted to minimise the possibility of someone being able to read your details as they are sent to us over the internet. Look for the lock icon in the status bar and the https:secure section of the address bar when you go to the checkout page.
5.2 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.
6.1 Delivery costs. There is an extra charge for delivery. The costs of delivery will be as displayed to you on the checkout page of the website.
6.2 When we will provide the products.
6.2.1 Provided your order is placed by 1pm and the products are in stock, we aim to dispatch the products to you the same working day. Normal delivery is between 3 to 5 working days but we also offer next day delivery on some items.
6.2.2 We will dispatch the products to you as soon as reasonably possible, and, in any event, in enough time for delivery to be made within 7 days after the day on which we accept your order. If the products are not delivered within a reasonable time, please contact us by telephone or email and we will try to ensure you receive you order as quickly as possible.
6.3 You must ensure you allow enough time for delivery. When ordering the products, it is your responsibility to ensure that sufficient time is allowed for delivery when booking service providers such as plumbers and fitters.
6.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.5 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9.00am-5.00pm Monday to Thursday, and until 4.00pm Friday (excluding public holidays). We will package and hold your product until it is collected by you.
6.6 If you are not available when the product is delivered. If no one is available at your address to take delivery, and the product cannot be posted through your letterbox, please contact the postal or courier service to rearrange delivery or arrange collection, in accordance with their instructions.
6.7 When you become responsible for the product. The product will be your responsibility from the time it is delivered to the address you gave us for delivery.
6.8 When you own the product. You own a product once we have received payment in full.
6.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, information about delivery. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.1 If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period)], our products shall:
7.1.1 conform with their description;
7.1.2 be free from material defects in design, material and workmanship;
7.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
7.2 Subject to clause 7.3, if:
7.2.1 you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 7.1;
7.2.2 we are given a reasonable opportunity of examining such product; and
7.2.3 you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
7.3 We will not be liable for a product's failure to comply with the warranty in clause 7.1 if:
7.3.1 you make any further use of such product after giving notice in accordance with clause 7.2.1;
7.3.2 you alter or repair the product without our written consent; or
7.3.3 the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions.
7.4 Except as provided in this clause 8, we shall have no further liability to you in respect of a product's failure to comply with the warranty set out in clause 7.1.
7.5 These terms shall apply to any repaired or replacement products supplied by us under clause 7.2.
8. YOUR RIGHTS IN RELATION TO FAULTY, DAMAGED OR INCORRECT PRODUCTS IF YOU ARE A CONSUMER
8.1 We aim always to provide high quality products that are fault free and undamaged. If any of the products you have purchased have faults or are damaged when you receive them, or if you receive incorrect products, you should contact us within 30 calendar days of receipt to arrange a return. Within this 30 day period you have the right to reject the faulty or damaged products and to receive a full refund through the payment method used by you when purchasing the products.
8.2 Alternatively, you may request a replacement product. We will bear any associated costs and will provide a replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a refund. You will be given the option to have the product replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the products. Replacements will be issued upon our receipt of the returned products. We are fully responsible for paying shipment costs.
8.3 Products must be returned in the condition in which they were received with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued on our receipt of the returned products and in any event no later than 14 calendar days after receipt of the returned products and will include standard delivery charges. We regret that additional costs such as express delivery cannot be refunded.
8.4 If any products develop faults beyond 30 calendar days from delivery. You are entitled to a replacement or a repair of the products, or a refund in certain circumstances where the products cannot be replaced or repaired. Please telephone us on 01782 599 258 to discuss such circumstances and to agree appropriate resolution.
8.5 To return products in accordance with this clause. Please email
email@example.com or call +44 (0) 1782 599 258. Or return to the following address:
Unit 17 Parkhall Business Village
Stoke on Trent
9. YOUR RIGHT TO RETURN PRODUCTS IF YOU CHANGE YOUR MIND AS A CONSUMER
9.1 The right to change your mind. For most products bought online you have a legal right to change your mind within 14 calendar days of the products being delivered to you and receive a full refund of the price of the products. If your products on one order are split into several deliveries over different days, you have 14 days after the day you (or someone you nominate) receive(s) the last delivery, to change your mind about the products.
9.2 Please inform us if you change your mind about the products within the 14 day period set out in clause 9.1. You are responsible for paying return shipment costs if products are returned for this reason and you must return the products within 14 days of telling us you have changed your mind. We recommend that you obtain proof of postage when you return the products to us. Refunds will be issued on receipt of the returned products and will include standard outbound delivery charges. We regret that additional costs such as express delivery cannot be refunded.
9.3 If you exercise your right to change your mind:
9.3.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop; and
9.3.2 the maximum refund for outbound delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the products within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
10.3 We are not liable for business losses. If you are a consumer we only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be as set out in clause 11.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
11.1 Nothing in these terms shall limit or exclude liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11.2 Except to the extent expressly stated in clause 7.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
11.3 Subject to clause 11.1
11.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
11.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to 100% of the total sums paid by you for products under this contract.
12. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
12.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 (and any successor legislation) and your rights under that Act.
12.2 We may use your personal information to:
12.2.1 provide our products to you;
12.2.2 process your payment for the products;
12.2.3 contact you to request you to take part in customer satisfaction surveys; and
12.2.4 inform you of new products available from us (if you opted-in to receive such information from us). You may contact us to request that we stop sending you this information at any time.
12.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our 12 month warranty to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6 All notices / communications shall be given to us either by post to:
Unit 17 Parkhall Business Village
Stoke on Trent
or by email to firstname.lastname@example.org
Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
13.7 These terms and conditions are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)1782 599 258 or write to us at
email@example.com or fill out our contact form.