Terms and Conditions
The customer's attention is drawn in particular to the provisions of clause 8.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 11.4.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Delivery: the physical delivery of the Goods in accordance with clause 4.2(a) or the making of the Goods available for collection by the Customer in accordance with clause 4.2(b).
Delivery Location: has the meaning given in clause 4.2.
Force Majeure Event: an event, circumstance or cause beyond a party's reasonable control.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer's order for the Goods, as set out in the Customer's purchase order form or the Customer's written acceptance of the Supplier's quotation as the case may be.
Supplier: United Wheels UK Ltd (registered in England and Wales with company number 12936853).
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors and permitted assigns.
(c) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
(d) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(e) A reference to writing or written includes fax and email.
- Basis of contract
- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.
- The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
- Once accepted Orders may only be amended or cancelled by written application to the customer’s Account Manager and acceptance of that application by the Account Manager.
- The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
- Any samples, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's website, catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
- The Goods are described in the Supplier's catalogues, brochures, or website.
- The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
- The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note that shows the date of the Order, the contract number, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
- The Supplier shall:
(a) deliver the Goods to the location set out in the Order or such other location as the parties may agree at any time after the Supplier notifies the Customer that the Goods are ready; or
(b) at the Customer’s option, make the Goods available for collection from the Supplier's premises at location as may be advised by the Supplier prior to delivery. The Customer shall collect the Goods within seven Business Days of the Supplier notifying the Customer that the Goods are ready.
and the Delivery Location shall be the place to which the Goods are delivered or where the Goods are made available for collection.
- Delivery is completed on the completion of unloading or loading of the Goods at the Delivery Location.
- Any dates quoted for Delivery are approximate only, and the time of Delivery is not of the essence. The Supplier shall not be liable for any delay in Delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate Delivery instructions or any other instructions that are relevant to the supply of the Goods.
- If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- If the Customer fails to take or accept Delivery of the Goods within seven Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract:
(a) Delivery of the Goods shall be deemed to have been completed at 9.00 am on the seventh business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
(b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
- If ten Business Days after the day on which the Supplier notified the Customer that the Goods were ready for Delivery the Customer has not taken or accepted actual delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
- The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
- The Supplier warrants that on Delivery the Goods shall:
- Subject to clause 5.3,
(i) in the case of a defect that is apparent on normal visual inspection, the Customer gives notice in writing to the Supplier within five Business Days of Delivery; or
(ii) in the case of a latent defect, within a reasonable time of the latent defect having become apparent the Customer gives notice in writing to the Supplier within a reasonable time of discovery specifying with reasonable detail that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
- Goods may only be returned to the Supplier if the Customer’s Account Manager issues a return authorisation. Any Goods returned without a return authorisation will be returned to the Customer at the Customer’s expense.
- The Supplier shall not be liable for the Goods' failure to comply with the warranty set out in clause 5.1 in any of the following events:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c) the Customer alters such Goods without the written consent of the Supplier;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
- The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
- These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
- Title and risk
- The risk in the Goods shall pass to the Customer on completion of delivery.
- Title to the Goods shall not pass to the Customer until the earlier of:
(a) the Supplier receives payment in full (in cash or cleared funds) for the Goods; and
(b) the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 6.4.
- Until title to the Goods has passed to the Customer, the Customer shall:
(a) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d) notify the Supplier immediately if it becomes subject to any of the events listed in clause 9.1(b) to clause 9.1(d); and
(e) give the Supplier such information as the Supplier may reasonably require from time to time relating to:
(i) the Goods; and
(ii) the ongoing financial position of the Customer.
- Subject to clause 6.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
(a) it does so as principal and not as the Supplier’s agent; and
(b) title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
- At any time before title to the Goods passes to the Customer, the Supplier may:
(a) by notice in writing, terminate the Customer's right under clause 6.4 to resell the Goods or use them in the ordinary course of its business; and
(b) require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
- Price and payment
- The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's published price list in force as at the date of delivery.
- The Supplier may allow the Customer quantity discounts subject to and in accordance with the conditions applicable to the Customer’s account with the Supplier.
- Any settlement discount specified by the Supplier in relation to the Customer’s account will be allowed by the Supplier to the Customer in respect of Goods for which payment is received by the Supplier on or before the due date and otherwise in accordance with the payment terms set out in these Conditions and provided that no other amounts owing by the Customer to the Supplier are overdue and unpaid
- The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or
(c) any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
- The price of the Goods:
(a) excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid VAT invoice; and
(b) excludes the costs and charges of insurance and transport of the Goods, which shall be invoiced to the Customer.
- The Supplier may invoice the Customer for the Goods on or at any time after the completion of Delivery.
- The Customer shall pay each invoice submitted by the Supplier:
(a) within 30 days of the date of the invoice or in accordance with any credit terms agreed by the Supplier and confirmed in writing to the Customer; and
(b) in full and in cleared funds to a bank account nominated in writing by the Supplier, and
- If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier's remedies under clause 9 (Termination), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.6 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
- All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- Limitation of liability
- The restrictions on liability in this clause 8 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987.
- Subject to clause 8.3, the Supplier's total liability to the Customer shall not exceed 150% of the price of the Goods giving rise to the claim.
- Subject to clause 8.3, the following types of loss are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
- This clause 8 shall survive termination of the Contract.
- Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:
(a) the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
(b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(c) the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.
- Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 9.1(b) to clause 9.1(d), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
- Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
- On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt.
- Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
- Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:
- Force majeure
- Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 6 months, the party not affected may terminate the Contract by giving 28 days' written notice to the affected
- Assignment and other dealings.
(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
(a) Each party undertakes that it shall not at any time during the Contract and for a period of two years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 11.2(b).
(b) Each party may disclose the other party's confidential information:
(i) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 11.2; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use the other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.
- Entire agreement.
(a) This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
- Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
- Waiver. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause 11.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:
(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(ii) sent by fax to its main fax number or sent by email to the address specified in relation to the Customer account with the Supplier.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
(ii) 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 at the time recorded by the delivery service; and
(iii) if sent by fax or email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 11.7(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
- Third party rights.
(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
- Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
- Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
- Assignment and other dealings.
1. Information about us and how to contact us
1.1 Who we are. We are United Wheels UK Limited a company registered in England and Wales. Our company registration number is 12936853 and our registered office is at 100 New Bridge Street, London, United Kingdom, EC4V 6JA. Our registered VAT number is GB369427753.
1.2 How to contact us. You can contact us by telephoning our customer service team at 0330 912 7543, by emailing us at firstname.lastname@example.org
1.3 How we may contact you. If we have to contact you about your order we will do so by email or telephone using the details you provided to us in your order.
2. These terms
2.1 These are the terms and conditions on which we supply goods to you.
2.2 Please read these terms carefully before you submit your order to us. There’s lots of helpful information set out in these terms including details about price, delivery and returns. If you can’t find what you need or have a complaint, feel free to contact our customer service team. Remember to quote your order reference number if you have one.
2.3 These terms are regularly reviewed to ensure they are up to date, so please check the date at the top of the page to make sure you have read through the latest copy. Each time you shop with us, the latest set will apply.
2.4 If you see something that doesn’t look quite right, please feel free to contact us.
3. Who you are:
To shop with us, you need to:
3.1 be at least 16 years old;
3.2 have a credit or debit card that we accept (see bottom of page for details of current payment providers); and
3.3 be authorised to use that credit or debit card (e.g. it is in your name or you have permission to use it).
4. Placing an order
4.1 All orders are subject to availability and confirmation of the order price.
4.2 Once you have submitted your order, you should receive an acknowledgment email from us confirming receipt of your order. We will send a further email accepting your order (which will include an order reference number) once we are happy that we will be able to fulfil it. This is when a contract will come into existence between us. If for any reason we cannot accept your order, we will send you an email with a reason why. Sometimes this can happen if we don’t have enough of the goods in stock, or if we have an issue with our delivery network. If we’ve had to suspend the supply of certain goods, for example if there is a suspected technical fault or we are updating the goods to reflect changes in regulatory requirements, we will be sure to notify you as soon as we can. We hope this won’t happen, but if it does, we won’t charge you for any unfilled order.
4.3 Sometimes we may need certain information from you so that we can supply the goods to you. If this is the case, this will have been stated in the description of the goods on our website. 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 end the contract. We will not be responsible for supplying the goods 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.
4.4 Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not deliver to addresses outside the UK.
5. Our goods
5.1 We will always do our best to make sure the information on our website is accurate and up to date. However from time to time we may change the goods to implement minor technical adjustments and improvements.
5.2 The images of the goods on our website are for illustrative purposes only. Although we make every effort to display the goods accurately, we cannot guarantee that a device's display of the goods accurately reflects every detail of the goods. Your goods may vary slightly from those images.
5.3 If we do make a mistake (for example the price or description of the goods on our website is incorrect), we will always put our hands up and tell you. If you have already placed an order and you are not happy to go ahead with the purchase, we will cancel the order and refund any money already paid. If you have already received the goods, we will cover the costs for the goods to be returned to us. Alternatively, we can confirm the order for you at the correct price.
5.4 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you
6. Changing your order
6.1 We can’t usually make changes to your order once we have acknowledged it. If you need to make a change, please contact us to cancel your order so that you can re-order.
7.1 When you place your order you will be given various options for delivery to choose from. Our charges for delivery are displayed here on our website, and will depend on the delivery method you choose. We’ll give you an estimated delivery date in our email accepting your order so that you know when to expect it.
7.2 We may refuse delivery for safety or other reasons, such as local laws or regulations.
7.3 Our delivery partners offer a “drop-off only” delivery option. If you authorise us to do this when you place your order we will deliver your goods to a secure location outside your home, such as a garage, carport, or other sheltered area.
7.4 If you aren’t in when we try to deliver and there is no drop off delivery instruction, we will leave you a slip so that you can re-arrange your delivery. If we don’t hear from you, and you don’t rearrange your delivery, we will get in touch so that you can tell us what you want to do. If we can’t get hold of you, your order may be cancelled and you’ll need to re-order.
7.5 If we require a signature at the time of delivery, you or a person over the age of 18 authorised by you (Eligible Person) must be available to accept the delivery. If we are unable to make the delivery on the agreed date because there is no Eligible Person at home then we will leave a card confirming that we have attempted delivery. It will then be your responsibility to contact us to arrange a new delivery date
7.6 If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of [9am – 5.30pm on weekdays (excluding public holidays) and Saturdays]
7.7 The goods will be your responsibility from the time we deliver them to the address you gave us or you collect them from us.
8. Your legal rights if we deliver goods late
8.1 You have legal rights if we deliver your goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(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.
8.2 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.1, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
8.3 If you do choose to treat the contract as at an end for late delivery under clause 8.1 or clause 8.2, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them). After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, 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 contact us to request a return label or to arrange collection.
9. Delays outside our control
9.1 Sometimes there might be a delay in meeting the estimated delivery date due to factors outside our control, for example bad weather or carrier delays. We will make sure we keep you updated and will always try to provide you with a revised delivery date. If you haven’t received your order, and haven’t heard from us, please contact us so that we can update you. If there is a risk of a substantial delay, you will always have the option to cancel your order and request a refund.
10. Returns policy
Faulty or misdescribed goods
10.1 We are under a legal duty to supply goods that comply with this contract. Nothing within these terms affects your statutory rights.
10.2 If you have received a faulty item, please contact us within 30 days so that we can provide you with a refund. We will just need your order reference number and a description of the fault so that we can investigate and make sure that other customers haven’t been affected. Remember, we don’t cover faults that happen because of misuse, accident, neglect or normal wear and tear.
10.3 If you contact us outside our 30 day returns period, but within twelve months of receiving the goods and depending on the nature of the fault, we may offer either a repair or replacement.
10.4 If you have received faulty goods, we will need them to be returned.
If you change your mind
For most goods bought online you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013
10.5 If you change your mind, we are happy to give you a refund or exchange if you contact us within 14 days of receiving the goods.
10.6 You will need to tell us that you have changed your mind within the refund period. You can do this by contacting us. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.7 You will be able to request a refund if you have opened the goods to inspect them, but not if you have already used them. If we notice that the goods have been used, or handled in a way that would not be permitted in a shop, we may have to deduct any loss in value from your refund. Please make sure you return the goods in its original, undamaged packaging, along with any accessories. There are some exclusions, which are detailed below under ‘when we can’t offer a refund or exchange’.
10.8 In order to return goods to us you will need a returns reference and a returns label. We will provide these to you once the return has been authorised. Please contact us so that we can arrange collection.
10.9 We will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) if you are ending the contract because we have told you about an upcoming change to the goods 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return
10.10 We will refund you the price you paid for the goods, plus any costs paid by you for delivery of the goods to you by the method you used for payment. We aim to refund you within 14 days of receiving the goods, or from receipt of evidence that the goods are on their way to us.
10.11 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 goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option
When we can’t offer a refund or exchange
10.12 We won’t be able to accept refunds or exchanges for the following:
· goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them
11. Price and payment
11.1 The price of our goods includes VAT. The total cost of your order is the price of the goods plus any applicable delivery charges, and will be confirmed to you in your order acknowledgement.
11.2 If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
11.3 We take your payment details for the price of the goods you are ordering at the time the order is placed but we will not charge your credit or debit card until we dispatch the goods to you.
12. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us.
12.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
12.2 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 goods including the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective goods under the Consumer Protection Act 1987.
We are not liable for business losses.
12.3 We only supply the goods for domestic and private use. If you use the goods 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.
13. How we may use your personal information
We will only use your personal information as set out in our Privacy Notice
14. Other important terms
14.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.
14.2 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 any guarantee that we provide in relation to the goods to a person who has acquired them from you. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant goods.
14.3 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, except as explained in clause 14.2 in respect of our guarantee. 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.
14.4 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.
14.5 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 goods, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.