TERMS AND CONDITIONS

This page details the legal terms and conditions (Terms) under which we operate.

Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that by ordering any of our Products, you agree to enter into a Contract and to be bound by these Terms.

[Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.]

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time, so, please check these Terms to ensure you understand the terms which currently apply.

[These Terms were last updated on  [            ].]

  1. INFORMATION ABOUT US

1.1         For details regarding our the website owner and operator please refer to the About Us page.

1.2         To contact us, please see our Contact Us page.

  1. USE OF OUR SITE

Your use of this site is governed by our Terms of Use. Please take the time to read these.

  1. OUR PRODUCTS

3.1         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 that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

3.2         The packaging of the Products may vary from that shown on images on our site.

3.3         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. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy.  For details, please see our Privacy Policy. Please take the time to read this.

  1. IF YOU ARE A CONSUMER

This clause 5 only applies if you are a consumer.

5.1         As a consumer, 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. Nothing in these Terms will affect these legal rights.

5.3         Certain Products on our site from time to time may only be purchased if you satisfy the legal age requirement for that product; as detailed on the product page. We are not allowed by law to supply these Products to you if you do not satisfy any such age requirements, so if you are under age please fo not order any such products.

  1. IF YOU ARE A BUSINESS CUSTOMER

This clause 6 only applies if you are a business.

6.1         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.

6.2         These Terms; together with our Privacy Policy and Terms of Website Use constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or our Privacy Policy or  Terms of Website Use.

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

7.1         For the steps you need to take to place on order on our site, please see our page [INSERT HYPERLINK].

7.2         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.

7.3         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 7.4.

7.4         We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation).  The Contract between us will only be formed when we send you the Dispatch Confirmation.

7.5         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 clause 13.5, 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 as soon as possible.

  1. OUR RIGHT TO VARY THESE TERMS

8.1         We may revise these Terms from time to time in the following circumstances:

(a)          changes in how we accept payment from you;

(b)          changes in relevant laws and regulatory requirements;

(c)           changes in our trading operations.

8.2         Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8.3         Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

  1. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 9 only applies if you are a consumer.

9.1         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 set out below in clause 9.3. 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. 9.2            However, this cancellation right does not apply in the case of:

(a)          any made-to-measure or custom-made products;

(b)          newspapers, periodicals or magazines;

(c)           perishable goods, such as food, drink or fresh flowers;

(d)          software, DVDs or CDs which have a security seal which you have opened or unsealed

9.3         Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

9.4         To cancel a Contract, you must contact us in writing by e-mailing us; writing to us or telephoning us – please refer to our contact us page for details as to how to contact us in this way. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.

9.5         You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. 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 clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.

9.6         If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.7         We refund you on the credit card or debit card used by you to pay.

9.8         If the Products were delivered to you:

(a)          you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

(b)          unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of our collecting the Products from you;

(c)           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.

9.9         Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.

9.10       As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

  1. DELIVERY

10.1       Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. 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.

10.2       Delivery will be completed when we deliver the Products to the address you gave us.

10.4       The Products will be your responsibility from the completion of delivery.

10.5       You own the Products once we have received payment in full, including all applicable delivery charges.

  1. [INTERNATIONAL DELIVERY

11.1       We deliver to the countries listed on this page [INSERT LINK TO PAGE LISTING THE COUNTRIES] (International Delivery Destinations).  However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

11.2       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.

11.3       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.

11.4       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.]

  1. [NO INTERNATIONAL DELIVERY

12.1       Unfortunately, we do not delivery to addresses outside the UK.

12.2       You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.]

  1. PRICE OF PRODUCTS AND DELIVERY CHARGES

13.1       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 if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.

13.2       Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

13.3       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.

13.4       The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.

13.5       It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a)          where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and

(b)          if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to 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, we will treat the order as cancelled and notify you in writing.

  1. HOW TO PAY

14.1       You can only pay for Products using a debit card or credit card.

14.2       Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

  1. MANUFACTURER GUARANTEES

15.1       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.

15.2       If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described.

  1. OUR WARRANTY FOR THE PRODUCTS

16.1       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 16.2.

16.2       The warranty in clause 16.1 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.

16.3       If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described.

  1. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 17 only applies if you are a business customer.

17.1       We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

17.2       Nothing in these Terms limit or exclude 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.

17.3       Subject to clause 17.2, 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.

17.4       Subject to clause 17.2 and clause 17.3 , our total liability to you in respect of all other 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 [£[AMOUNT] OR [[PERCENT]% of] the price of the Products].

17.5       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.

  1. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 18 only applies if you are a consumer.

18.1       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.

18.2       We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.3       We do not in any way exclude or limit our liability for:

(a)          death or personal injury caused by our negligence;

(b)          fraud or fraudulent misrepresentation;

(c)           any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)          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

(e)          defective products under the Consumer Protection Act 1987.

  1. EVENTS OUTSIDE OUR CONTROL

19.1       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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.

19.2       An Event Outside Our Control means any act or event beyond our 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 [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

19.3       If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)          we will contact you as soon as reasonably possible to notify you; and

(b)          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.

  1. COMMUNICATIONS BETWEEN US

20.1       When we refer, in these Terms, to “in writing”, this will include e-mail.

20.2       If you are a consumer:

(a)          To cancel a Contract in accordance with your legal right to do so as set out in clause 9, please refer to clause 9.

(b)          If you wish to contact us in writing for any other reason, please refer to our contact us page.

20.3       If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

20.4       If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  1. OTHER IMPORTANT TERMS

21.1       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. We will always notify you in writing or by posting on this webpage if this happens.

21.2       You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 16 to the recipient of the gift without needing to ask our consent.

21.3       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. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.

21.4       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.

21.5       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.

21.6       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.

21.7       If you are a business, these Terms are governed by English law. This means that 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

We are committed to protecting and respecting your privacy. This policy sets out the basis on which we process personal data provided by you.  Please read the following carefully.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is [COMPANY NAME] of [ADDRESS].

[Our nominated representative for the purpose of the Act is [NAME].]

Information we may collect from you

We may collect and process the following data about you in the following ways:

  • Information that you provide by filling in forms on this site. This includes information provided at the time of registering to use our site or so as to enable you to make purchases of goods or services offered by us via the site. We may also ask you for information from time to time connection with offers, promotions or competitions, or if you wish to report a problem to us.
  • If you contact us, we may keep a record of the details provided by you and any subsequent correspondence.
  • We may conduct surveys from time to time, completion of which is entirely optional, and use any information so provided for research purposes.
  • Details of transactions carried out by you on this site.
  • Details of visits made by you to our site and pages viewed or resources accessed, and information copmprising (but not limited to), traffic data, location data, weblogs and other communication data, whether for our own billing purposes or otherwise.
  • [DESCRIBE ANY OTHER TYPES OF INFORMATION COLLECTED]

IP Addresses

We may collect information about your computer, including your IP address, operating system and browser type, for system maintenance and administration; and where appropriate to report aggregate statistical information to our advertisers. This is statistical data about our users’ browsing actions and habits, and does not identify you as an individual.

Cookies

Our website uses cookies to distinguish you as a unique user of our website. This helps us to improve your experience as a user and to identify ways in which the site might be improved. For more information on the cookies we use and how we use them see our Cookie policy.


personal data storage

The data that we collect from you may be transferred to, and stored at, a location outside the European Economic Area (“EEA”). It may also be processed by individuals operating outside the EEA who work for us or for a supplier or sub conbtractor. Such individuals may be engaged in, amongst other activities, the fulfilment of orders, the processing of payments or the provision of support services. By submitting your personal data, you agree to these activities in transferring, storing or processing your personal data. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All personal data you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are solely responsible for keeping this password confidential and we require that you do not  share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Having received your personal data, we shall look to follow strict procedures and security features to do as much as possible to mimimise the risk of any unauthorised access.

Uses made of the information

We use information supplied by you in the following ways:

  • To ensure that content on our site is presented in the most effective way.
  • To provide you with information, products or services that you request from us or which we feel may be of interest to you, but only if you have consented to be contacted in this way.
  • To carry out our obligations to you in the event of your purchasing goods or services.
  • To allow you to participate in interactive features of our site.
  • To notify you about changes to our services.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone; but only if you have given your permission for us to use your data in this way.

If you are an existing customer, we will only contact you by electronic means (e-mail or text) with information about goods and services similar to those which you have previously purchased.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please indicate this by completing the relevant option as shall be given to you on our site.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users; and may use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

Disclosure of your information

We may disclose your personal information to any member of our group from time to time , which means any subsidiary, or any ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If either we or substantially all of our assets are acquired by a third party, in which case personal data held by about our customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect our rights, property, safety and that of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by completing the relevant option at the point we collect your data.  You can also exercise the right at any time by contacting us by post or email.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to us by post or email and marked for the attention of the Data Controller[ADDRESS OR E-MAIL ADDRESS].