1.
Introduction
1.1 The terms
contained in this document (Trading
Terms) apply to all transactions for the purchase of products and services (each
a “Service” or, two or more, the “Services”) from the website (“our Site”). By ordering any Services
from our Site you are indicating your acceptance to be bound by these Trading
Terms. They form a legal agreement between you and us and can only be amended
with our consent. You can print a copy of these Trading Terms by selecting the
print option from the “File” menu of your browser.
1.2 The terms
contained within the document (Terms of
Trading) will apply in place of and prevail over these Trading Terms. You
acknowledge that you have not placed any reliance upon these Trading Terms
where Terms of Trading are in use on our Site.
1.3 Your use of our Site
is subject to our website Terms of Use. You should also read our Privacy &
Cookie Policy.
1.4
We reserve the right to change these Trading Terms from
time to time without prior notice to you, provided that any such change will
not affect any purchases you have made before the change is implemented.
2
Ordering
2.1 You may place
an order to purchase a Service advertised for sale on our 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 by clicking the “Place Order”
button on the checkout page. By purchasing a Service on our Site, you confirm
you are over 18 years of age.
2.2
All orders placed by you are subject to acceptance by us.
We may choose not to accept your order for any reason and will not be liable to
you or to anyone else in those circumstances.
2.3
After submitting an order to us, you will be sent an
order acknowledgement email with your order reference and details of the
products you have ordered. Acceptance of your order and the formation of the
contract between us will take place when we sent you an email confirming that
the products you have ordered are being dispatched to you, unless we have
notified you that we do not accept your order or you have already cancelled it
in accordance with the provisions below (see Cancellations and Returns)
2.4
If your order includes Service(s) which are not available
from stock, we will contact you by email or by telephone to ask you how you
wish to proceed. You will have the option to wait until the Service(s) are
available from stock, or cancel your order.
3
Prices and payment
3.1
The prices of Services advertised for sale on our Site
are as set out on our Site. All prices are in pounds (£) sterling, exclusive of
VAT, and shipping charges. Shipping
charges will be added to the total amount due once you have selected a shipping
service from the available option as set out in Shipping Information. Gift
wrapping, where available and where selected by you, will be subject to the
applicable charge clearly displayed when you use the Handling Fee service and
will be added to your order.
3.2
Prices may change at any time prior to (but not after)
acceptance of your order.
3.3
We cannot accept your order until you have paid for it in
full. Payment can be made by most major credit or debit cards, by completing
the relevant details on the checkout page.
3.4
In the unlikely event that the price of an item has been
incorrectly advertised on our Site, we will contact you by email or telephone
to ask whether you wish to proceed with the order at the correct price. If you
are not happy to proceed, or we are unable to obtain your instructions, we will
cancel the order. Unless we have already confirmed dispatch of your order, we
will not be obliged to supply Services at the incorrect price.
4.
Delivery/
Shipping
4.1
Subject to availability, we will use all reasonable
endeavours to deliver the Services you have ordered as soon as possible after
your order is accepted by us. We dispatch items ordered by you in one delivery,
unless your order consists of multiple Services, some of which are not
available from stock, in which case, if all Services are not in stock, we will
separately dispatch those items that are. The confirmation of dispatch email
will contain an estimated delivery date for your order, an order tracking
number and a link to the website of our nominated carrier to enable you to track
the status of your delivery.
4.2
We will deliver directly to the address specified in your
order.
4.3
Deliveries are made Monday to Friday (excluding bank and
public holidays) normally between the hours of 8am and 5pm. The precise timing
of a delivery cannot be specified. Certain deliveries may require a signature
to confirm receipt.
4.4
Once delivered, the Services ordered will become your
property and your responsibility and, except in relation to Services 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 they have been
delivered.
5.
Cancellations and
returns
5.1
Unless one of the exceptions listed in Clause 5.4, below
applies, you may cancel your order (or any part of it) without giving any
reason within fourteen (14) days. The cancellation period will expire fourteen
(14) days from the day on which you acquire, or a third party other than the
carrier and indicated by you acquires, physical possession of the goods. To
exercise the right to cancel, you must notify us, giving us your full name,
address and order reference (which you can find on your order acknowledgement
email) or, by using the returns note that will have been included in the
package in which your order was delivered or, alternatively, by returning the
Services, in accordance with the provisions below (see Clause 5.5).
5.2 To meet the
cancellation deadline, it is sufficient for you to send your communication
concerning your exercise of the right to cancel before the cancellation period
has expired.
5.3 If you
cancel this contract, we will reimburse to you all payments received from you,
including the cost of delivery/ shipping (except for the supplementary costs
arising if you chose a type of delivery/ shipping other than the least
expensive type of standard delivery/ shipping offered by us). We will make the
reimbursement using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of the reimbursement. We may withhold the
reimbursement until we have received the goods back or you have supplied
evidence of having sent back the goods, whichever is the earliest. Alternatively,
you may ask us to substitute a Service, rather than provide you with a refund,
but we can only do that if the Service you wish to substitute is of equivalent
value to the order you are cancelling.
5.4
You may not cancel your order if:
a. you have taken any
audio and/or visual recordings or computer software out of the sealed packaging
in which they were delivered to you;
b. the Services consist
of perishable items, or have been sealed for health protection or hygiene purposes,
once these have been unsealed after you receive them;
c. the Services have
been customised or made to your own specifications; or
d. any Services you have
started to download or stream
e. any Services which
become mixed inseparably with other items after their delivery
unless
such Services were damaged or faulty when delivered to you or have been
incorrectly delivered.
a. pack the returns
parcel securely, ensuring you include the returns note that will have been
included in the package in which your order was delivered, and attach the
returns address label that will also have been included; and
b. return the parcel to
us, we suggest, either by courier or by recorded delivery mail or other form of
certified mail. We advise that you take out enough postal insurance to cover
the value of the contents.
5.6 Our policy on cancellations and returns
does not affect your statutory legal rights.
6
Faulty Services
6.1 If any Service you
purchase is damaged or faulty when delivered to you we may offer a repair,
exchange or refund as appropriate, in accordance with your legal rights. If you
believe a Service is faulty, you should notify us to arrange for the return of
the Service(s).
6.2 Our policy on
faulty Services does not affect your statutory legal rights.
7
Service Information
7.4
We have taken reasonable steps to display as accurately
as possible the colours and other detailing of our Services in the images that
appear on our Site. However, as the actual colours and detailing you see
onscreen will depend on your monitor, we cannot guarantee that your monitor’s
display of any colour or other detailing will exactly reflect the colour or
detailing of the Service(s) upon delivery.
7.5
From time to time, our stores may run special or local
promotions which may not be available online, or we may offer special
promotions online that are not available in our stores. Please note that,
unless expressly stated on our Site, purchases made online do not qualify for
points under any loyalty card scheme or discounts under any discount card
scheme which we may operate in our stores.
7.6
Any information on our Site regarding sizing of Services
is included as a guide only. If you are in any doubt as to the size of any Service
you require, we recommend that you contact us prior to placing an order.
8
Orders
for delivery outside the United Kingdom
8.4
If you choose to access our Site from outside the United
Kingdom, you are responsible for complying with local laws, if and to the
extent that they are applicable. We do not represent or warrant that any Service(s)
on our Site is appropriate for use or available in locations outside of the
United Kingdom, or that it complies with any legal or regulatory requirements
of such other locations.
8.2 Please contact us before ordering Services
for delivery outside the United Kingdom. We may refuse to accept your order
should you not contact us before ordering. Subject to us agreeing to and being
able to deliver the Services outside the United Kingdom, they may be subject to
import duties and taxes. You will be responsible for these. We have no control
over such charges and cannot advise you as to what they may be, although your
local customs office may be able to assist. For deliveries outside the United
Kingdom, you will be regarded as the importer and it is your responsibility to
comply with all laws and regulations of the country in which the Services are
to be delivered. Cross-border deliveries may be subject to opening and inspection
by customs authorities.
10.
Security
10.1 We understand that
you may have concerns about security on the internet. Our Site uses a secure
server in our online ordering process to protect your personal information.
10.2 When you proceed to
the checkout, before you are prompted to complete your billing and shipping
address, your browser will go into secure mode. Data relating to your order and
your personal and payment card details will all pass to our server in an
encrypted format. As soon as you have finished ordering you will exit secure
mode. As an additional protection for you, our system is designed so that you
cannot place an order until you are safely within secure mode.
10.3 We recommend
that you do not communicate your payment card details to anyone, including us,
by email. We cannot be responsible for any losses you may incur in transmitting
information to us by internet link or by email. Any such loss shall be entirely
your responsibility.
10.4 If you have any
additional queries about security, please contact us.
11.
Our
liability
11.1 We will not be
liable to you where performance of any of our obligations is prevented or
restricted by any circumstance or cause beyond our reasonable control.
11.2
You are responsible for the use you make of the Service(s)
you order. To the extent not prohibited by law, we accept no liability for any
loss or damage which is not reasonably foreseeable or for any business loss
(which includes loss of profits, contracts, goodwill, business interruption,
loss of business or opportunity and other similar losses).
11.3
We accept liability for death or personal injury caused
by our negligence and responsibility for fraudulent misrepresentation and any
other liability that cannot, under English law, be excluded.
11.4
Nothing in this section or elsewhere in our Trading Terms
affects your statutory legal rights.
12.
Personal Data
12.1
We will only use your personal information in accordance
with our Privacy & Cookie Policy. Please take the time to read our Privacy
& Cookie Policy, as it includes important terms which apply to you.
13
General
13.1
Any formal legal notices should be sent to us at the
address at the end of these Trading Terms by email and confirmed by post.
13.2
Failure by us to enforce a right does not result in
waiver of such right. You may not assign or transfer your rights under these
Trading Terms.
13.3
If any part of these Trading Terms is found to be
unenforceable as a matter of law, all other parts of these Trading Terms shall
be unaffected and shall remain in force.
13.4
You and we agree that English law applies to these
Trading Terms and that any dispute between us arising out of or in connection
with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which
case the applicable law of that part of the United Kingdom will apply and any
dispute will be brought before the courts there. We are required by law to
inform you that purchases can be concluded in English only and that no public
filing requirements apply.
13.5
A person who is not a
party to this agreement shall not have any rights under the Contracts (Rights
of Third Parties) Act 1999 to enforce any term of this agreement.
13.6
Even if we delay in
enforcing this agreement, we can still enforce it later. If we do not insist
immediately that you do anything you are required to do under these Trading
Terms, or if we delay in taking steps against you in respect of your breaking
this agreement, 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
Services, we can still require you to make the payment at a later date.
14
How
to contact us
14.1 Please feel free to contact us using the
details set out on our Site.