Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF WEBSITE USE CAREFULLY BEFORE USING THIS WEBSITE
Terms & conditions of website use
Last updated: [25/07/18]
These terms and conditions of website use and the documents referred to within (Terms) tell you the terms and conditions on which you may make use of https://www.stewartbeckett.com (Site), whether as a guest or a registered user. The Site is operated by stewartbeckett.com (we, our or us). Use of the Site includes accessing, browsing or registering to use the Site.
Please read these Terms carefully and make sure you understand them before you start to use the Site, as these will apply to your use of the Site. We recommend that you print a copy of these Terms or save them on your computer for future reference.
By using the Site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use the Site.
Changes to these terms
We may revise these Terms at any time by amending this page. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
Changes to the site
We may update the Site from time to time and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time and we are under no obligation to update it.
We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
Accessing the site
The Site is made available free of charge.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and any other applicable terms and conditions and that they comply with them.
The Site is directed to people residing in the United Kingdom. We do not represent that content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United Kingdom, you do so at your own risk.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Site and its functionality and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
Limitation of our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
The Site is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Site; or
- use of or reliance on any content displayed on the Site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
You agree to indemnify us and hold us and our employees and agents harmless from and against all liabilities, legal fees, damages, losses, demands, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms or other liabilities arising out of your use of the Site.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Third party links and resources in the site
Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources.
If we fail to insist that you perform any of your obligations under these Terms, 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.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to their subject matter.
If you are a consumer, please note that these Terms and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms and their subject matter and any non-contractual disputes or claims are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
1.1 These are the terms and conditions (Terms) on which we supply any of the products listed on our website (Site) to you.
1.2 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 that matter.
1.3 We may amend these Terms from time to time as set out in clause 10. Every time you wish to order products from our Site, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on [25/07/18].
2 Contacting us if you are a consumer:
(a) To cancel a contract in accordance with your legal right to do so as set out in clause 17, you just need to let us know that you have decided to cancel. Please see clause 18.1 for details of the easiest ways to do this.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
2.3 Contacting us if you are a business. You may contact us by e-mailing at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 25.3.
- Our contract with you
3.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Once you are ready to submit your order to us, click on ‘Checkout’.
3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.3.
3.3 We will confirm our acceptance to you by sending you an invoice. The contract between us will only be formed when we send you the invoice.
3.4 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Site as referred to in clause 17.2, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
3.5 We will assign an order number to your order at the time of placing your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 For the purpose of these Terms, you are a consumer if you are acting for purposes which are wholly or mainly outside of your trade, business, craft or profession when you contract with us.
- Our products
6.1 Products may vary slightly from their pictures. The images of the products on our Site and in catalogues, brochures, price lists and other documents in relation to the products are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that an image accurately reflects the colour of the products. Your product may vary slightly from those images.
6.4 Suitability of use. Whilst we take good care to maintain the highest standards of quality in our products, it is your responsibility to ensure that the products purchased are suitable for your particular requirements.
6.5 Withdrawal of products. We reserve the right to withdraw any products from our Site at any time and without notice to you.
- Information about our products
7.1 Information on our Site and in catalogues, brochures, price lists and other documents in relation to our products is subject to alteration without notice and does not constitute offers to sell the products which are capable of acceptance.
7.2 Any typographical, clerical or other accidental errors or omissions on our Site or in catalogues, brochures, price lists and other documents in relation to our products shall be subject to correction by us without any liability to you.
7.3 Product information is live for orders made by telephone but is only updated periodically on our Site which means that stock information on our Site might not be accurate at the time of ordering. If a product is not in stock at the time you place your order, clause 3.4 will apply.
- Your rights to make changes to your order
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes to the products
9.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirement;
(b) to implement minor technical adjustments and improvements; and
(c) description and pricing detail.
9.2 More significant changes to the products. In addition, as we informed you in the description of the product on our Site, we may make the following changes to the products, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
(a) to reflect price increases or errors.
- Our right to vary these Terms
10.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which of them were changed.
10.2 Every time you order products from us, the Terms in force at the time of your order will apply to the contract between you and us.
10.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
10.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery costs.
- If you are a consumer
This clause 11 only applies if you are a consumer.
11.1 If you are a consumer, you may only purchase products from our Site if you are at least  years old.
- If you are a business customer
This clause 12 only applies if you are a business.
12.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase products.
12.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
12.3 You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
12.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this contract.
- Manufacturer guarantees
13.1 Some of the products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the products.
13.2 If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Our warranty for the Products
14.1 For products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.1 does not apply to any defect in the products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
14.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Providing the products
15.1 Delivery costs. The costs of delivery to UK Mainland addresses and UK Highland and Island addresses will be as displayed to you on our Site. The costs of delivery to International Delivery Destinations shown on our Site are estimates only and additional delivery charges may apply. In respect of International Delivery Destinations, you will be notified of the total delivery costs prior the dispatch and clause 16 will apply.
15.2 Delivery methods. Unless otherwise agreed in writing, we may use any route and means we may select for the transportation of the products as we consider expedient including without limitation Royal Mail 1st Class and couriers. If you require a delivery to be tracked and signed for, please notify us in writing. The Royal Mail service we use is not a trackable service unless requested.
15.3 Where we will not deliver to. Unfortunately, we do not deliver to PO Boxes.
15.4 Product packaging for delivery. We aim to minimise the risk of damage to our products in transit by wrapping and packing as securely as possible. You should take care to open packages to avoid spillages, damage to products and damage to other property, such as carpets and clothing.
15.5 When we will dispatch the products. When we will dispatch your products depends on where we are delivering to.
(a) UK Mainland Addresses. We aim to dispatch the products to you within 3 working days after the day on which we accept your order.
(b) UK Highland and Island Addresses (including Northern Ireland, Isle of Man, Isle of Wight and Isles of Scilly). We aim to dispatch the products to you at the earliest opportunity after the day on which we accept your order. If you require your order urgently please contact us by e-mailing firstname.lastname@example.org.
15.6 When we will deliver the products. When we deliver the products depends on where we are delivering to.
(a) UK Mainland Addresses. We aim to deliver the products to you within 1 – 2 working days after the day on which the products are dispatched and in any event within 30 calendar days after the day on which we accept your order.
(b) UK Highlands and Islands Addresses (including Northern Ireland, Isle of Man, Isle of Wight and Isles of Scilly). We aim to deliver the products to you as soon as reasonably possible and in any event within 30 calendar days after the day on which we accept your order.
Please allow a minimum of 5 working days for your order to arrive before contacting us.
15.7 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.
15.8 Delivery in instalments. Occasionally we may have to send part of your order whilst we are waiting for the remaining products to come back into stock. In these instances you will not incur further delivery costs (for orders in the UK mainland) when we dispatch the remainder of your order.
15.9 Collection by you. If we have agreed that you can collect the products from our premises, you can collect them post arranging a pickup time by email (email@example.com.)
15.10 If you are not at home when the product is delivered.
(a) If your order is being delivered by Royal Mail. If no one is available at your address to take delivery of the products and they cannot be posted through your letterbox or if no one is available at your address to sign for the products where you have asked that the products be signed for on delivery, Royal Mail will leave a card providing details of your local sorting office. You should contact your local sorting office for details of your package. Please allow 2 working days before contacting the sorting office. Packages will be held for a maximum of 18 calendar days at a local sorting office before being returned to us.
(b) If your order is being delivered by a courier. If no one is available at your address to take delivery of the products and they cannot be posted through your letterbox or if no one is available at your address to sign for the products where you have asked that the products be signed for on delivery, the courier will contact you by telephone on the telephone number you have given us in order to rearrange delivery. If the courier is unable to speak with you they will attempt to deliver the products for a second time on the following working day. If no-one is available at your address to take delivery or sign for the products when the courier attempts delivery for a second time, they will leave a card providing their details. You should contact the courier in order to rearrange delivery. The courier will retain the products for a maximum of 5 calendar days from the second attempt at delivery following which they will be returned to us.
15.11 If you do not collect the products or re-arrange delivery. If you do not collect the products from your local sorting office within 18 calendar days of Royal Mail’s first attempt at delivery or if you fail to contact the courier to rearrange delivery during the 5 calendar days they are in possession of the products following their second attempt at delivery, we may end the contract and clause 19 will apply.
15.12 When you become responsible for the product.
(a) If you have asked us to deliver your order to an address you have provided and to obtain a signature from someone at the address upon delivery. The products will be your responsibility from the time the order is signed for.
(b) If you have asked us to deliver your order to an address you have provided but have instructed us not to obtain a signature from someone at the address upon delivery. The products will be your responsibility from the time the order is left at the address. If you instruct us not to obtain a signature from someone at the address upon delivery, the products will be left at the address at your own risk.
(c) If you have arranged to collect your order from our premises. The products will be your responsibility from the time you collect your order from us.
15.13 When you own goods. You own a product which is goods once we have processed your order and received payment in full.
15.14 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, your delivery address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 19 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. 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.
This clause 15.15 only applies if you are a consumer .
15.15 Your legal rights if we deliver late. If we miss the 30 day delivery deadline for any products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
15.16 Setting a new deadline for delivery. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 15.15, you can give us a new deadline for delivery, which must be reasonable and you can cancel your order if we do not meet the new deadline.
15.17 Ending the contract for late delivery . If you do choose to cancel your order for late delivery under clause 15.16 or clause 15.17, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
- International deliver y
16.1 We deliver to the following countries (International Delivery Destinations):
(a) All countries except.
16.2 There are restrictions on some products for certain International Delivery Destinations. Please contact us by e-mail at firstname.lastname@example.org before ordering products if you need them to be delivered to one of the International Delivery Destinations.
16.3 If you order products from our Site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
16.4 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
16.5 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
- Your rights to end the contract
17.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced), see clause 20;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 17.2;
(c) If you have just changed your mind about the product, see clause 17.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 17.6.
17.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these Terms which you do not agree to (see clause 9.2 and clause 10.4);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 17.15)).
17.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
17.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products made to your requirements and specification including without limitation presses, press blankets and paper or metal cut to order;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery
but this will not affect your legal rights as a consumer in relation to products that are damaged prior to delivery or not as described.
17.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
17.6 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 17.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- How to end the contract with us (including if you have changed your mind)
18.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) e-mail. e-mail us at email@example.com. Please provide your name, home address, details of the order (including the order number) and, where available, your phone number and e-mail address.
18.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please e-mail us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. If you are returning the products by post, please remember to obtain a Proof of Posting Certificate from the Post Office as we cannot be held responsible for items lost or damaged in the post.
18.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
18.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
18.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
18.6 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 1-2 working days of dispatch at one cost but you choose to have the product delivered within 24 hours of dispatch at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
18.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 18.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- Our rights to end the contract
19.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
19.2 You must compensate us if you break the contract. If we end the contract in any of the situations set out in clause 19.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- If there is a problem with the products
20.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can e-mail us at email@example.com.
20.2 Products damaged in transit. Please tell us within 48 hours of receipt if any of the products delivered to you have been damaged in transit. You can e-mail us at firstname.lastname@example.org.
20.3 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these Terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
· up to 30 days: if your item is faulty, then you can get a refund.
· up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
20.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please e-mail us at email@example.com for a return label or to arrange collection.
- Price and payment
21.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 21.5 for what happens if we discover an error in the price of the products you have ordered.
21.2 Changes to our prices. Prices for our products may change from time to time but any changes will not affect orders you have already placed.
21.3 Our Invoice. An automated invoice is created upon sale of our products.
21.6 When you must pay and how you must pay. We accept payment with Visa, Mastercard, American Experess and Paypal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
21.7 Credit card security. When you place an order for products via our Site, your credit card number will be encrypted using 128 bit encryption. Credit card numbers are only decrypted once they reach our computers. We do not hold credit card numbers in clear text on any website, including our Site.
21.8 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
21.9 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 and we will not charge you interest until we have resolved the issue.
21.10 If you are shopping from outside the UK. Your credit card company will convert the transaction into your own currency. All transactions will be charged in pounds sterling and will be converted at the applicable exchange rate by your credit card company.
- Promotional offers, gift vouchers and promotional codes
22.1 A promotional offer, gift voucher and/or promotional code, unless otherwise specified, cannot be used in conjunction with any other promotional offer, gift voucher or promotional code.
22.2 All promotional offers, gift vouchers and promotional codes, unless otherwise specified, are non-transferable.
22.3 Items offered as a ‘Free Gift’ are only available while stocks last. No substitutions will be made. Gifts cannot be exchanged for goods or cash.
22.4 Gift vouchers can be exchanged for all products sold by us. Gift vouchers have a cash redemption value of 0.001p each and are not transferable or assignable.
22.5 Gift vouchers do not contribute towards the value of an order with regard to the delivery costs.
22.6 If your order’s value is less than the value of the gift voucher you are using as payment then a credit note for the difference will be issued to you to use as payment on subsequent orders.
22.7 Once you have used a gift voucher as payment for an order of products you will not be able to use the gift voucher again. For this reason we advise that you destroy all redeemed vouchers to avoid confusion.
22.8 If your gift voucher becomes accidentally damaged or is lost, please contact us with the details of the original purchase, including the voucher number and we will be able to issue you with a duplicate. If you do not have the voucher number we will not be able to issue you with a duplicate.
22.9 If you decide to return products you purchased with a gift voucher, you will not receive a cash refund. A credit note will be issued to you to use as payment on subsequent orders.
22.10 Gift vouchers are valid for 12 months from the date of issue.
22.11 Promotional codes are valid from the date of issue and for the period stated on our Site.
- Our liability if you are a business
This clause 23 only applies if you are a business customer.
23.1 We only supply the products for internal use by your business and you agree not to use the products for any resale purposes.
23.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
23.3 Subject to clause 23.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
23.4 Subject to clause 23.2, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.
23.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
- Our liability if you are a consumer
This clause 24 only applies if you are a consumer.
24.1 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.
24.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
- Communications between us
25.1 When we refer, in these Terms, to “in writing” or “written”, this will include e-mail.
25.2 If you are a consumer you may contact us as described in clause 2.3.
25.3 If you are a business :
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission. For the purposes of this clause 25.3(b), Business Day means a day (other than a Saturday, Sunday or public holiday) in England when banks in London are open for the transaction of normal banking business.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Other important terms
26.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
26.2 You need our consent to transfer your rights to someone else (except that you can always transfer our warranty). 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 warranty at clause 14 to a person who has acquired the product. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the relevant product
26.3 Nobody else has any rights under this contract (except someone you pass your warranty on to). This contract is between you and us. No other person shall have any rights to enforce any of its Terms, except as explained in clause 26.2 in respect of our warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
26.4 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.
26.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
26.6 If you are a consumer, please note that these Terms are in addition to and do not affect your statutory rights as a consumer.
26.7 If you are a consumer, please note that these Terms are governed by English law. This means a contract for the purchase of products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident of Scotland, you may also bring proceedings in Scotland.
26.8 If you are a business, a contract and any dispute or claim arising out of or in connection with it or its 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.
26.9 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).