Shopping Basket
X
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website” means any website of ours, and includes all web pages controlled by us.
In this agreement unless the context otherwise requires:
2.1a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2 these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 any obligation of any person arising from this agreement may be performed by any other person;
2.5 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party,
2.9these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.1This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4.1Your order is an offer to buy from us. We shall accept your order by [e-mail confirmation].That is when our contract is made. [Our message will also confirm details of your purchase and tell you when we shall despatch your order].
4.2If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.2.1accept the alternatives we offer;
4.2.2cancel all or part of your order.
5.1The price payable for the Goods that you order is clearly set out on Our Website.
6.1We take care to make Our Website safe for you to use.
6.2Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.3If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
7.1We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
7.2The following rules apply to cancellation of your order:
7.2.1If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
7.2.2If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
7.2.3We will return your money subject to the following conditions:
7.2.3.1we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
7.2.3.1you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
7.3The option to cancel your order is not available:
7.3.1if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
7.3.2if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
7.3.3if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
7.4You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.5In any of the above scenarios, we will return your money within 14 days.
8.1Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 10 days of receipt of the Goods, we shall assume that you have accepted them.
8.2The procedure to return the faulty Goods is as follows:
8.2.1the Goods must be returned to us as soon as any defect is discovered but not later than six days from receipt by you.
8.3We will return your money subject to the following conditions:
8.3.1we receive the Goods with labels and packaging intact.
8.3.2you comply with our returns procedure. We cannot return your money unless we know who sent them.
8.3.3you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
8.4If any defect is found, then we shall:
8.4.1replace the Goods, or
8.4.2refund the full cost you have paid including the cost of returning the Goods.
9.1Goods are delivered within 5 days from the day you place an order to purchase the Goods.
9.2Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.3If we are not able to deliver your Goods within 5 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
9.4All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9.5Signing "Unchecked", "Not Checked" or similar is not acceptable.
9.6Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
9.7If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.8Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
9.9Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
9.10We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank.
9.11If you pick up Goods from our premises then:
9.11.1we will not be able to assist you in loading heavy items;
9.11.2Goods are at your risk from the moment they are picked up by you or your Carrier from our shop;
9.11.3you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
10.1If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
10.2We do not supply goods outside of the UK.
These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:
11.1We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
11.2Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
11.3The Goods must be returned to us as soon as any defect is discovered but not later than 7 days.
11.4So far as possible, Goods should be returned:
11.4.1with both Goods and all packaging as far as possible in their original condition;
11.4.2securely wrapped;
11.4.3including our delivery slip
11.4.4at your risk and cost.
11.5You must tell us by email message to [address] that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
11.6In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
11.7If we agree that the Goods are faulty, we will:
11.7.1refund the cost of return carriage;
11.7.2repair or replace the Goods as we choose.
11.8If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
12.1The law differs from one country to another. This paragraph applies so far as the applicable law allows.
12.2All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
12.3We make no representation or warranty for:
12.3.1any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
12.3.2the adequacy or appropriateness of the Goods for your purpose.
12.4We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
12.5You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
12.6We shall not be liable to you for any loss or expense which is:
12.6.1indirect or consequential loss; or
12.6.2economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
12.7This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
12.8If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
12.9Nothing in this agreement excludes liability for a party's fraud.
13.1If you violate Our Website we shall take legal action against you.
13.2You now agree that you will not, and will not allow any other person to:
13.3modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
13.4link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
13.5download any part of Our Website, without our express written consent;
13.6collect or use any product listings, descriptions, or prices;
13.7collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
13.7aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
13.8share with a third party any login credentials to Our Website.
13.9Despite the above terms, we now grant a licence to you to:
13.9.1create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
13.9.2you may copy the text of any page for your personal use in connection with the purpose of Our Website.
14.1You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
14.2your failure to comply with the law of any country;
14.3your breach of this agreement;
14.4any act, neglect or default by any agent, employee, licensee or customer of yours;
14.5a contractual claim arising from your use of the Goods;
14.6a breach of the intellectual property rights of any person.
15.1We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
15.2Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
15.3You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
15.4Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
16.1The following terms apply in the event of a dispute between the parties:
16.2If you are not happy with our services or have any complaint then you must tell us by email
16.3If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
17.1When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
17.2Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
17.3If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.4The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
17.5No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.6Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
17.6.1It shall be deemed to have been delivered:
17.6.1.1if delivered by hand: on the day of delivery;
17.6.1.2if sent by post to the correct address: within 72 hours of posting;
17.6.1.3If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
17.7This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise.
17.8Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
17.9In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
17.10The validity, construction and performance of this agreement shall be governed by the laws of Scotland and you agree that any dispute arising from it shall be litigated only in that country.
