Terms of Sale
Please take the time to read these terms and make sure that you understand them, before ordering any Products.
Please note that by ordering any of our Products through our site and by ticking the box next to the statement ‘I Accept’, you agree to be bound by these Terms and the other documents expressly referred to in these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in paragraph 6 below. Every time you wish to order Products from our site, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between you and us, are only in the English language. To contact us, please use email@example.com.
1. Our Products
1.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee the display upon which you are viewing the Products accurately reflects the actual colour of the Products. Accordingly, the Products that you purchase may vary slightly from those images that you viewed.
1.2 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
1.3 You may only purchase Products from our site if you are at least 18 years old. If you are below 18 years old, you may only purchase our Products with the involvement of a parent or guardian.
1.4 As a consumer in the UK, you have 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. Except as set out in these Terms and permitted under applicable laws, nothing in these Terms will affect these legal rights.
2. How we use your personal information
3. How the contract is formed between you and us
3.1 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.
3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and that your order has been confirmed (“Order Confirmation“). The Order Confirmation will include an order confirmation number (“Order Confirmation Number“).
3.3 A contract between us and you for the sale and purchase of the Products in accordance with these Terms will only be formed when we send you the Order Confirmation (“Contract“).
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 of an error in the price on our site as referred to in paragraph 4, we will inform you of this by e-mail and we will not process your order other than in accordance with paragraph 4 below.
4. Price of products and delivery charges
4.1 Subject to paragraph 4.5 below, the prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see paragraph 4.5 for what happens in the event that we discover an error in the price of Product(s) that you ordered.
4.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
4.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
4.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. International customers may be subject to additional costs, duties or charges arising out of or in connection with the import of the Products. All such costs shall be your sole responsibility. We strongly recommend that you verify that you are willing to pay these costs before placing an order for our Products. Please see paragraph 8 for further details.
4.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products that you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process or if we do not receive a response from you within 48 hours, we will treat the order as cancelled and notify you in writing. Please note that we do not have to and will not provide the Products to you at the incorrect (lower) price.
5. How to pay
5.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card immediately upon confirmation of your order.
6. Our right to vary these terms
6.1 We may revise these Terms from time to time without notifying you. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.2 Whenever we revise these Terms in accordance with this paragraph 6, we will give notice of this by stating the last date on which these Terms were amended at the top of this page.
7. Your right of return and refund
7.1 If you are a consumer, you have a legal right to cancel a Contract [under the Consumer Protection (Distance Selling) Regulations 2000) during the period of fourteen (14) days beginning on the day after the day when you receive delivery of the Product. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. The item must be returned in its original condition to permit a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 If you wish to cancel a Contract as permitted in these Terms, please contact our Customer Services by e-mail at firstname.lastname@example.org to tell us. When making contact with us, you will need your Order Confirmation number. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail provided that your cancellation complies with these Terms. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us provided that your cancellation complies with these Terms.
7.3 If the Contract is validly cancelled, you will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in paragraph 7.2. If you returned the Products to us because they were faulty or mis-described, please see paragraph 7.4.
7.4 If you wish to or have returned the Products to us under this paragraph 7 because they are faulty or mis-described, we will refund the price in full (provided that you return the original product including all labels and packaging) and any applicable delivery charges. Faulty products must be reported to us in writing within 30 days of purchase.
7.5 We reimburse all refunds to you on the credit card or debit card used by you to pay.
7.6 If you wish to return the Products which were delivered to you in accordance with these Terms because you believe that the Products are defective, you must: return the Products to us as soon as reasonably practicable, and in any case we request that you try to return the goods within 14 days from the date of receipt, in the original packaging with all labels; unless the Products are faulty or not as described (in this case, see paragraph 7.4), you will be responsible for the cost of returning the Products to us. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
7.7 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. Except to the extent set out in these Terms, these legal rights are not affected by the returns policy in this paragraph 7 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 Delivery will be between 3-5 working days in the UK. International deliveries can take upwards of 7 working days.
8.2 We will use our reasonable endeavours to fulfil your order by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control (please see paragraph 10). However, we do not guarantee the accuracy of any estimated delivery times. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.3 Delivery will be completed when we, or our nominated delivery agents, deliver the Products to the address you gave us.
8.4 If no one is available at your address to take delivery, our delivery agent will leave you a note that the Products have been returned to our premises or the premises of our delivery agent, in which case, please contact them to rearrange delivery.
8.5 The Products will be your responsibility from the completion of delivery.
8.6 You own the Products once we have received payment in full, including all applicable delivery charges.
9. Our liability
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. Our liability to you under these Terms shall be limited to the lesser of either £200 or the value of the Products which have been ordered by you pursuant to these Terms.
9.2 We only supply the Products for domestic and private use to consumers. Any wholesale customers should contact us at email@example.com.
9.3 We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and/or defective products under the Consumer Protection Act 1987.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by or is the result of: any act or event beyond our (or our manufacturer’s) reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks which affects us or our manufacturer or our postal/delivery agents, from time to time (each an “Event Outside Our Control“).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: we will contact you as soon as reasonably possible after we become aware of it to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11. Other important terms
11.1 We may transfer our rights and obligations under a Contract 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.
11.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
11.3 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.
11.4 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.
11.5 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.