1.2 We reserve the right to change these Terms & Conditions at any time. Any such changes will take effect when posted on the Site and it is your responsibility to read the Terms & Conditions on each occasion you use the Site and your continued use of the Site shall signify your acceptance to be bound by the latest Terms & Conditions.
2. Contract between you and us.
2.1 You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order.
2.2 After placing an order you will receive an order confirmation email. The contract between us and you will only be formed when the order is dispatched unless we do not accept your order or you have cancelled it.
2.3 The contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.
2.4 We may be unable to process your order if the Product you ordered is out of stock or discontinued or there is a problem with authorisation of your payment.
3.1 Delivery charges and estimated timescales are specified in the delivery option information selected by you when you place an order. We make every effort to deliver goods within the estimated timescales however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the Products within estimated timescales. Please see Delivery Information for details of where we deliver and the available delivery options.
4. Risk, price and payment.
4.1 Once delivered or on the date of the first attempted delivery, the Products ordered will become your responsibility and except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered we will not accept any liability for their loss, damage or destruction after that date.
4.2 Ownership of the Products will only pass to you on delivery of the Products to you or after receiving full payment of all sums due in respect of the Products (including delivery charges) whichever is the later.
4.3 The price (which will be shown in pounds sterling) of any Products will be quoted on the Site from time to time, except in cases of obvious error.
4.4 These prices include VAT but exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options as set out in the Delivery Information.
4.5 Prices are liable to change at any time.
4.6 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If the price of a Product is different from the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.7 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability.
4.8 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. To ensure that your credit, debit or charge card is not being used without your consent we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting the Terms & Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
4.9 If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
5. Cancellations, returns, refunds and substitutions.
5.1 Except in relation to the Products specified in the following paragraphs you may cancel your order (or any part of it) at any stage before the Products are delivered to you and up to 21 days afterwards. You may do so by simply returning the Products in accordance with the provisions below (see section 5.4 below) or by contacting us at email@example.com or on 01492 588116.
5.2 You may not cancel your order if the Products consist of perishable items such as food items or due to health and safety reasons or hygiene issues unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
5.3 Some of the Products are excluded from the 21 day return policy and will be marked accordingly when you place your order on the Site.
5.4 Where you decide to cancel an order after we have despatched the Products, you will be under a duty to return them to us at your own risk. All such Products should be returned within 21 days after the Products have been delivered to you. Until such time as they are returned you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused and in the same condition in which you received them together with the original Product packaging by one of the means set out in our Returns Information.
5.5 After you cancel your order and return the Products any sum debited by us to your credit/debit card will be refunded less any charges in accordance with these Terms & Conditions. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will usually process the refund due to you as soon as possible and, in any case, within 48 hours of you cancelling your order.
5.6 If any Product you purchase is damaged, faulty or incorrect when delivered to you we may offer an exchange or refund as appropriate in accordance with your legal rights. If you believe a Product is faulty you should return the Product to us in accordance with the Returns Information. If you have any questions regarding returns please contact us.
5.7 Sometimes the Product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain Products and may therefore supply a substitute of the same of better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 21 day returns policy.
5.8 All sizes and measurements of the Products are approximate but we do try to make sure that they are as accurate as possible.
5.9 Our policy on cancellations, returns and refunds does not affect your statutory legal rights.
6 Intellectual Property.
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using the Site. You further acknowledge that any other use of the material and content of the Site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity.
7.1 Nothing in these Terms & Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to section 7.1 above, we will use reasonable endeavours to verify the accuracy of any information on the Site but make no representation or warranty of any kind express of implied statutory or otherwise regarding the contents or availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Site.
7.3 Subject to section 7.1 above other than as expressly provided in these Terms & Conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to section 7.1 above, we will not be liable in contract, tort (including without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentation) or otherwise out of or in connection with the Terms & Conditions for any:
7.4.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings).
7.4.2 loss of goodwill or reputation
7.4.3 special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms & Conditions.
7.5 Notwithstanding the above, subject to section 7.1 above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions.
8.1 The contract between us and you shall be governed by the laws of the UK and any dispute between us will be resolved exclusively in the courts of the UK. English is the only language offered for the conclusion of the contract.
8.2 We shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in the Terms & Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
8.3 To provide increased value to our customers we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources and are not responsible whether directly or indirectly for their content.
8.4 You may not assign or sub-contract any of your rights or obligations under the Terms & Conditions or any related order for products to any third party unless agreed upon in writing by us.
8.5 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under the Terms & Conditions or any related contract to any third party.
8.6 If any portion of the Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of the Terms & Conditions shall not be affected.
8.7 The Terms & Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contract (Rights of Third Parties) Act 1999).
8.8 No delay or failure by us to exercise any powers, rights or remedies under the Terms & Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. For any waiver to be effective it must be in writing and be signed by an authorised representative of us.
8.9 The Terms & Conditions including the documents or other sources referred to in the Terms & Conditions supersede all prior representations understandings and agreements between you and us relating to the use of the Site (including the order of the Products) and sets forth the entire agreement and understanding between you and us for your use of the Site.
8.10 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control (Force Majeure Event).
8.11 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
8.11.1 Strikes, lock-outs or other industrial action.
8.11.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
8.11.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
8.11.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.11.5 Impossibility of the use of public or private telecommunications networks.
8.11.6 The acts, decrees, legislation, regulations or restrictions of any government.
8.12 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.