PURCHASER TERMS AND CONDITIONS
1. THESE TERMS
1.1 These are the terms and conditions on which products are supplied to you.
1.2 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• you are an individual; and
• you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.3 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. THE CONTRACT WITH YOU
2.1 The acceptance of your order will take place when the seller emails you to accept it, at which point a contract will come into existence between you and the seller.
2.2 Our website is solely for the promotion of products in the UK. Unfortunately, orders from addresses outside the UK will not be accepted.
2.3 The seller may be us or a third party who is using our site to advertise their products. The identity of the seller is stated in each advert.
3. THE PRODUCTS
3.1 The images of the products on our website are for illustrative purposes only. A third party seller advertising on our site cannot nor can we guarantee that a device’s display of the colours accurately reflects the colour of the products. The product may vary slightly from those images.
3.2 The packaging of the product may vary from that shown in images on our website.
4. PROVIDING THE PRODUCTS
4.1 The costs and method of delivery are a matter for agreement between you and the seller.
4.2 If the supply of the products is delayed by an event outside the control of the seller then the seller will contact you as soon as reasonably possible to let you know and the seller will take steps to minimise the effect of the delay. Provided the seller does this the seller will not be liable for delays caused by the event.
4.3 A product which is goods will be your responsibility from the time it is delivered to the address you have stipulated or you or a carrier organised by you collect it from the seller.
4.4 You own a product which is goods once the seller has received payment in full.
4.5 The seller will not be responsible for supplying the products late or incorrectly or not supplying all or any part of them if this is caused by you not giving the seller the information needed to be able to supply the products within a reasonable time of the seller asking for it.
4.6 If you do not pay the seller for any products when you are supposed to the seller may suspend supply of any products it has contracted to supply to you until you have paid us the outstanding amounts.
5. YOUR RIGHTS TO END THE CONTRACT
5.1 If you are a consumer for the purposes of the Consumer Contracts Regulations 2013 then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.
5.2 Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
5.3 Subject to clause 5.2 if you are a consumer you have 14 days after the day the seller emails you to confirm it has accept your order to change your mind unless:
(a) If you have purchased services once the seller has completed the services you cannot change your mind, even if the period is still running. If you cancel after the seller has started the services, you must pay the seller for the services provided up until the time you tell the seller that you have changed your mind.
(b) If you have you purchased digital content for download or streaming the 14 day period will come to an end early on the date you start downloading or streaming.
(c) If you have you bought goods and
(i) your goods are split into several deliveries over different days. you have until 14 days after the day you (or someone you nominate) receives the last delivery; or
(ii) your goods are for regular delivery over a set period (you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
6 IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND
6.1 To end a contract, please let us know by phone (01284 761111) or email (firstname.lastname@example.org). Please provide your name, home address, details of the order and, where available, your phone number and email address
6.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to the seller. You must either return the goods in person to where you bought them, or (if the seller requests) allow the seller to collect them from you.
6.3 The seller will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because the seller has told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside the seller’s control or because you have a legal right to do so as a result of something the seller has done wrong; or
(c) if you are a consumer exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
6.4 The seller may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If the seller refunds you the price paid before the seller is able to inspect the goods and the seller later discovers you have handled them in an unacceptable way, you must pay the seller an appropriate amount.
7 SELLER’S RIGHTS TO END THE CONTRACT
7.1 The seller may end the contract for a product at any time by notifying you if:
(a) you do not make any payment to the seller when it is due;
(b) you do not, within a reasonable time of the seller asking for it, provide the seller with information that is necessary for the seller to provide the products;
(c) you do not, within a reasonable time, allow the seller to deliver the products to you or collect them from the seller;
(d) you do not, within a reasonable time, allow the seller access to your premises to supply the services.
8 YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
8.1 If you are a consumer the seller is under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
• up to 30 days: if your goods are faulty, then you can get an immediate refund.
• up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, for example a mobile phone app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
• if your digital content is faulty, you’re entitled to a repair or a replacement.
• if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
• if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example a support contract for a laptop, the Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
8.2 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to the seller or (if they are not suitable for posting) allow the seller to collect them from you.
9 YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
9.1 If you are a business customer the seller warrants that on delivery, and for a period of 30 days from the date of delivery (warranty period), any products which are goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by the seller.
9.2 Subject to clause 9.3, if you:
(a) Give the seller notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 9.1 and a reasonable opportunity of examining such product; and
(b) return such product to the seller at the seller’s cost,
the seller shall, at its option, repair or replace the defective product, or refund the price of the defective product in full.
9.3 The seller will not be liable for a product’s failure to comply with the warranty in clause 9.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 9.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of the seller following any drawing, design or specification supplied by you;
(d) you alter or repair the product without the seller’s written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
9.4 Except as provided in this clause 9, the seller shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 9.1.
9.5 These terms shall apply to any repaired or replacement products supplied by the seller under clause 9.2.
10 OUR LIABILITY
We will have no liability to you in relation to the supply of goods, services or digital content where we are not the seller.
11 PRICE AND PAYMENT
11.1 The price of the product will be the price indicated on the order pages when you placed your order PLUS all eligible taxes including (but not limited to) VAT which will also be payable save that if the seller accepts and processes your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, the seller may end the contract, refund you any sums you have paid and require the return of any goods provided to you
11.2 If the rate of VAT changes between your order date and the date the seller supplies the goods, services or digital content, the seller will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 You must pay on the dates specified by the seller in its advert. Available payment options are online via the portal or by BACS.
11.4 If you are a business customer you must pay all amounts due to the seller under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.5 If you do not make any payment to the seller by the due date the seller may charge interest to you on the overdue amount at the rate of 8% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay the seller interest together with any overdue amount.
12 RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
12.1 If the seller fails to comply with these terms, the seller is responsible for loss or damage you suffer that is a foreseeable result of the seller breaking this contract or the seller failing to use reasonable care and skill, but the seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the seller and you knew it might happen, for example, if you discussed it with the seller during the sales process.
12.2 We and the sellers do not exclude or limit in any way liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or the negligence of employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to products.
12.3 If you are a consumer the seller only supplies the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose the seller’s liability to you will be limited as set out in clause 13.
13 RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
13.1 Nothing in these terms shall limit or exclude liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us or a seller to exclude or restrict liability.
13.2 Except to the extent expressly stated in clause 9.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to clause 13.1:
(a) we and the sellers shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between you and the seller or us; and
(b) the total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for products services or digital download under the relevant contract.
14 HOW YOUR PERSONAL INFORMATION MAY BE USED
14.1 The personal information you provide will be used:
(a) to supply the products, services and digital downloads to you;
(b) to process your payment for the products, services and digital downloads; and
(c) if you agreed to this during the order process, to give you information about similar products, services and digital downloads.
14.2 Your personal information may be passed to credit reference agencies and they may keep a record of any search that they do.
14.3 Your personal information will only be given to other third parties where the law either requires or allows us to do so.
15 OTHER IMPORTANT TERMS
15.1 You may only transfer your rights or your obligations under these terms to another person if the seller agrees to this in writing. No other person shall have any rights to enforce any of its terms
15.2 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.
15.3 If you are a consumer these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.4 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.