WEBSITE TERMS AND CONDITIONS OF SUPPLY
1. THESE TERMS
1. What these terms cover. This page (together with our Privacy Policy, Terms of Use and Acceptable Use Policy) tells you information about us and the legal terms and conditions on which we supply products to you from our website at https://www.vegan-flag.com
2. Why you should read them. These terms will apply to any contract between us for the supply of products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from our site.
3. You should print a copy of these terms or save them to your computer for future reference.
4. These terms, and any contract between us, are only in the English language.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We operate the website https://www.vegan-flag.com. We are Vegan France Interpro, an association registered in France. Our registration number is W281006156 and our registered office is at 40 Rue Alexandre Dumas 75011 Paris, France. Our registered VAT number is FR58 838876159.
2.2. How to contact us if you are a consumer. You can contact us by writing to us at contact@vegan-flag.com
2.3. How to contact us if you are a business. You can contact us by writing to us at contact@vegan-flag.com. If you wish to give us formal notice of a matter in accordance with these terms, please see clause 16.
2.4. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
3.2. How we will accept your order. After you place an order, you will receive an email 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 when we email you confirming the products have been dispatched (Dispatch Confirmation), at which point a contract will come into existence between you and us.
3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
3.4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5. Where we sell our products. We deliver our products to addresses in the UK and to the countries listed on our. However there are restrictions on some products for certain international delivery destinations, so please review the information on that page carefully before ordering products.
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. 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.
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.
Clauses 3.6 and 3.7 only apply if you are a consumer.
3.6. If you are a consumer, you may only purchase products from our site if you are at least 18 years old.
3.7.
Certain products on our site can only be purchased if you satisfy the
legal age requirement for that product. We are not allowed by law to
supply these products to you if you do not satisfy these age
requirements. If you are underage, please do not attempt to order these
products through our site.
Clauses 3.8 to 3.11 only apply if you are a business.
3.8. 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.
3.9. These Terms and our Privacy Policy, Terms of Use and Acceptable Use Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.10. You acknowledge that in entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy, Terms of Use and Acceptable Use Policy.
3.11. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
4. OUR PRODUCTS
4.1.
Products may vary slightly from their pictures. The images of the
products on our website are for illustrative purposes only. Although we
have made every effort to display the colours accurately, we cannot
guarantee that a device’s display of the colours accurately reflects the
colour of the products. Your product may vary slightly from those
images.
Although we have made every effort to be as accurate as
possible, all sizes, weights, capacities, dimensions and measurements
indicated on our website are approximate only.
4.2. Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
4.3.
Making sure your measurements are accurate. If we are making the
product to measurements you have given us you are responsible for
ensuring that these measurements are correct. You can find information
and tips on how to measure on our website or by contacting us.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1.
We may amend these terms from time to time. Please look at the top of
this page to see when these Terms were last updated and which Terms were
changed.
6.2. Every time you order products from
us, the Terms in force at the time of your order will apply to the
contract between you and us.
6.3. If we have to
revise these Terms as they apply to your order, we will contact you to
give you reasonable advance notice of the changes and let you know how
to cancel the contract if you are not happy with the changes. You may
cancel either in respect of all the affected products or just the
products you have yet to receive. If you opt to cancel, you will have to
return (at our cost) any relevant products you have already received
and we will arrange a full refund of the price you have paid, including
any delivery charges.
6.4. Minor changes. We may
change the product and these terms to reflect changes in relevant laws
and regulatory requirements and change the product to implement minor
technical adjustments and improvements (which will not affect your use
of the product) but, if we do so, we will notify you and explain the
effects of these changes before the changes take effect.
6.5.
More significant changes to the products and these terms. In addition
we may make more significant changes to these terms or the product, but
if we do so we will notify you and you may then contact us to end the
contract and receive a full refund before the changes take effect.
7. PROVIDING THE PRODUCTS
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2.
When we will provide the products. We or our courier will deliver the
goods to you as soon as reasonably possible and if you are a consumer in
any event within 30 days after the day on which we accept your order,
or we will contact you with an estimated delivery date or to agree a
delivery date, which if you are a consumer will be within 30 days after
the day on which we accept your order.
7.3. We are not responsible for delays outside our control.
7.3.1.
An event outside our control means any act or event beyond our
reasonable control, including for example 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.
7.3.2. If you are a consumer,
if our supply of the products is delayed by an event outside our
control then we will contact you as soon as possible to let you know and
we will take steps to minimise the effect of the delay. Provided we do
this we will not be liable for delays caused by the event, but if there
is a risk of substantial delay you may contact us to end the contract
and receive a refund for any products you have paid for but not
received.
7.3.3. If you are a business, 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 above in clause 7.3.1. If an event outside our control takes place that affects the performance of our obligations under a contract:
7.3.3.1. we will contact you as soon as reasonably possible to notify you; and
7.3.3.2. 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.
7.4. Collection by you.
If you have asked to collect the products from our premises, you can
collect them from us at any time during our normal working hours on
weekdays (excluding public holidays).
7.5. If you are not available when the product is delivered.
If no one is available at your address to take delivery and the
products cannot be posted through your letterbox, we or our courier will
leave you a note informing you of how to rearrange delivery or collect
the products from a local depot.
7.6. If you do not re-arrange delivery.
If you do not collect the products from us as arranged or if, after a
failed delivery to you, you do not re-arrange delivery or collect them
from a delivery depot we will contact you for further instructions and
may charge you for storage costs and any further delivery costs. If,
despite our reasonable efforts, we are unable to contact you or
re-arrange delivery or collection we may end the contract and clause
10.2 will apply.
Clauses 7.7 to 7.9 (inclusive) only apply if you are a consumer.
7.7. Your legal rights if we deliver late.
You have legal rights if we deliver any products late. If we miss the
delivery deadline for any products then you may treat the contract as at
an end straight away if any of the following apply:
7.7.1. we have refused to deliver the products;
7.7.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.7.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8. Setting a new deadline for delivery.
If you do not wish to treat the contract as at an end straight away, or
do not have the right to do so under clause 7.7, you can give us a new
deadline for delivery, which must be reasonable, and you can treat the
contract as at an end if we do not meet the new deadline.
7.9. Ending the contract for late delivery.
If you do choose to treat the contract as at an end for late delivery
under clause 7.7, you can cancel your order for any of the products or
reject products that have been delivered. If you wish, you can reject or
cancel the order for some of those products (not all of them), unless
splitting them up would significantly reduce their value. After that we
will refund any sums you have paid to us for the cancelled products and
their delivery. If the products have been delivered to you, you must
either return them in person to where you bought them, post them back to
us. We will pay the costs of economy signed for postage. Please call
customer services on 0207 5116 224 or email us at shop@collectif.co.uk
to arrange covering this cost.
7.10. When you become responsible for the product.
The product will be your responsibility from the time we deliver the
product to the address you gave us or you or a carrier organised by you
collect it from us.
7.11. When you own goods. You own a product which is goods once we have received payment in full.
7.12. What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the
products to you. If so, this will have been stated in the description of
the products on our website. We will contact you in writing to ask for
this information. If you do not give us this information within a
reasonable time of us asking for it, or if you give us incomplete or
incorrect information, we may either end the contract (and clause 10.2
will apply) or make an additional charge of a reasonable sum to
compensate us for any extra work that is required as a result. We will
not be responsible for supplying the products late or not supplying any
part of them if this is caused by you not giving us the information we
need within a reasonable time of us asking for it.
7.13. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.13.1. deal with technical problems or make minor technical changes;
7.13.2. update the product to reflect changes in relevant laws and regulatory requirements;
7.13.3. make changes to the product as requested by you or notified by us to you (see clause 6).
7.14. Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply
of the product, unless the problem is urgent or an emergency. If we
have to suspend the product for longer than 7 days in any 30 day period
we will adjust the price so that you do not pay for products while they
are suspended. You may contact us to end the contract for a product if
we suspend it, or tell you we are going to suspend it, in each case for a
period of more than 7 days and we will refund any sums you have paid in
advance for the product in respect of the period after you end the
contract.
7.15. We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see
clause 12.4) and you still do not make payment within 14 days of us
reminding you that payment is due, we may suspend supply of the products
until you have paid us the outstanding amounts. We will contact you to
tell you we are suspending supply of the products. We will not suspend
the products where you dispute the unpaid invoice (see clause 12.8). We
will not charge you for the products during the period for which they
are suspended. As well as suspending the products we can also charge you
interest on your overdue payments (see clause 12.7).
8. YOUR RIGHTS TO END THE CONTRACT
This clause 8 only applies if you are a consumer.
8.1. You can always end your contract with us.
Your rights when you end the contract will depend on what you have
bought, whether there is anything wrong with it, how we are performing
and when you decide to end the contract:
8.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3. If you have just changed your mind about the product, see clause 8.3.
You may be able to get a refund if you are within the cooling-off
period, but this may be subject to deductions and you will have to pay
the costs of return of any goods;
8.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2. Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below
the contract will end immediately and we will refund you in full for any
products which have not been provided and you may also be entitled to
compensation. The reasons are:
8.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to;
8.2.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4.
we have suspended supply of the products for technical reasons, or
notify you we are going to suspend them for technical reasons, in each
case for a period of more than 7 days; or
8.2.5.
you have a legal right to end the contract because of something we have
done wrong (including because we have delivered late (see clause 7.7).
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1. any products that are made to your specifications or are clearly personalised;
8.4.2. any products that are liable to deteriorate or expire rapidly;
8.4.3. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.4.4.
sealed audio or sealed video recordings or sealed computer software,
once these products are unsealed after you receive them; and
8.4.5. any products which become mixed inseparably with other items after their delivery.
8.5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
8.5.1. If you have bought goods you have 14 days after the day you (or someone you nominate) receives the goods, unless:
8.5.1.1. Your goods are split into several deliveries over different days.
In this case you have until 14 days after the day you (or someone you
nominate) receives the last delivery to change your mind about the
goods.
8.5.1.2. Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6. Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US IF YOU ARE A CONSUMER (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1. Phone or email.
Call customer services on 0207 5116 224 or email us at
shop@collectif.co.uk. Please provide your name, home address, details of
the order and, where available, your phone number and email address.
9.1.2. By post. Simply write to us as that address, including the information required in the form.
9.2. Returning products after ending the contract.
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
us. You must either return the goods in person to where you bought
them or post them back to us. If you are exercising your right to change
your mind you must send off the goods within 14 days of telling us you
wish to end the contract.
9.3. When we will pay the costs of return. We will pay the costs of return:
9.3.1. if the products are faulty or misdescribed; or
9.3.2.
if you are ending the contract because we have told you of an upcoming
change to the product or these terms, an error in pricing or description
or because you have a legal right to do so as a result of something we
have done wrong.
In all other circumstances you must pay the costs of return.
9.4. What we charge for collection.
If you are responsible for the costs of return and we are collecting
the product from you, we will charge you the direct cost to us of
collection. The costs of collection will be the same as our charges for
standard delivery, see Delivery Cost Here
9.5. How we will refund you.
We will refund you the price you paid for the products including
delivery costs, by the method you used for payment. However, we may make
deductions from the price, as described below.
9.6. Deductions from refunds. If you are exercising your right to change your mind:
9.6.1.
We 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 reasonably permitted
in a shop If we refund you the price paid before we are able to inspect
the goods and later discover you have handled them in an unacceptable
way, you must pay us an appropriate amount.
9.6.2.
The maximum refund for delivery costs will be the costs of delivery by
the least expensive delivery method we offer. For example, if we offer
delivery of a product within 3-5 days at one cost but you choose to have
the product delivered within 24 hours at a higher cost, then we will
only refund what you would have paid for the cheaper delivery option.
9.6.3.
Where the product is a service, we may deduct from any refund an amount
for the supply of the service for the period for which it was supplied,
ending with the time when you told us you had changed your mind. The
amount will be in proportion to what has been supplied, in comparison
with the full coverage of the contract.
9.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1.
If we have not offered to collect the goods, your refund will be made
within 14 days from the day on which we receive the product back from
you or, if earlier, the day on which you provide us with evidence that
you have sent the product back to us.
9.7.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1.
you do not make any payment to us when it is due and you still do not
make payment within 14 days of us reminding you that payment is due;
10.1.2.
you do not, within a reasonable time of us asking for it, provide us
with information that is necessary for us to provide the products, for
example, specifications, dimensions, or wording for personalised goods;
10.1.3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
10.1.4. you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2. You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10 we will
refund any money you have paid in advance for products we have not
provided but we may deduct or charge you reasonable compensation for the
net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw the product.
We may write to you to let you know that we are going to stop providing
the product. We will endeavour to let you know at least 14 days in
advance of our stopping the supply of the product and will refund any
sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at contact@vegan-flag.comC
12. PRICE AND PAYMENT
12.1. Where to find the price for the product.
The price of the product (which includes VAT) will be the price
indicated on the order pages when you placed your order. We use our best
efforts to ensure that the price of product advised to you is correct.
However please see clause 12.4 for what happens if we discover an error
in the price of the product you order. The price of the product does not
include delivery charges. Our delivery charges are as advised to you
during the checkout process, before you confirm your order.
12.2. Inclusion of VAT.
Our site may from time to time enable you to toggle between a VAT
inclusive and VAT exclusive figure for all products. Please note that
the price that you will pay is the VAT inclusive amount (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. Prior to confirming your order, you will be presented with
a total (VAT inclusive figure) which will be the amount you will be
paying us for the products.
12.3. What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the
products we sell may be incorrectly priced. We will normally check
prices before accepting your order so that, where the product’s correct
price at your order date is less than our stated price at your order
date, we will charge the lower amount. If the product’s correct price at
your order date is higher than the price stated, we will contact you
for your instructions before we accept your order. If we accept and
process your order where a pricing error is obvious and unmistakeable
and could reasonably have been recognised by you as a mispricing, we may
end the contract, refund you any sums you have paid and require the
return of any goods provided to you.
12.4. When you must pay and how you must pay.
We accept payment with credit cards, debit cards and Paypal. You must
pay for the products before we dispatch them. In the event that your
credit or debit card is charged before your order is accepted, a full
refund (including any delivery costs charged) will be issued as soon as
possible in the event that we do not accept your order or should you
decide not to proceed with the order. In these circumstances, please
contact us.
12.5. We may offer some of our customers
credit accounts/credit terms that can be used to pay for the products.
For further information please contact us. If you want to use your
credit account/credit terms to purchase products, please follow the
on-screen instructions for information on how to do so.
12.6. We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge
interest to you on the overdue amount at the rate of 4% a year above the
base lending rate of the Bank of England from time to time. 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 us interest together with any overdue amount.
12.7. What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us
know and we will not charge you interest until we have resolved the
issue.
12.8. There are multiple ways for You to pay for Your Order. We accept:
– Mastercard and Visa credit cards
– Maestro, Visa, Delta, Solo or Electron debit cards
– PayPal
– Account credit
12.9. You confirm that the card or PayPal account being used is Yours. We may undertake searches with credit reference agencies for the purpose of verifying Your identity and the Personal Information You submit as part of an Order.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
This clause 13 only applies if you are a consumer.
13.1. We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or
damage you suffer that is a foreseeable result of our breaking this
contract or our failing to use reasonable care and skill. Loss or damage
is foreseeable if either it is obvious that it will happen or if, at
the time the contract was made, both we and you knew it might happen,
for example, if you discussed it with us during the sales process.
13.2. We are not liable for business losses.
We only supply the products for domestic and private use. If you use
the products for any commercial, business or re-sale purpose we will
have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
14. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business.
14.1. We only supply the products for internal use by your business, and you agree not to use the product for any resale purposes.
14.2. Nothing in these terms limits or excludes our liability for:
14.2.1. death or personal injury caused by our negligence;
14.2.2. fraud or fraudulent misrepresentation;
14.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.2.4. defective products under the Consumer Protection Act 1987.
14.3.
Subject to clause 14.2, 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:
14.3.1. any loss of profits, sales, business, or revenue;
14.3.2. loss or corruption of data, information or software;
14.3.3. loss of business opportunity;
14.3.4. loss of anticipated savings;
14.3.5. loss of goodwill; or
14.3.6. any indirect or consequential loss.
14.4.
Subject to clause 14.2, our total liability to you in respect of all
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 the price of the products.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1. How we will use your personal information. We will use the personal information you provide to us:
15.1.1. to supply the products to you;
15.1.2. to process your payment for the products; and
15.1.3.
if you agreed to this during the order process, to inform you about
similar products that we provide, but you may stop receiving these at
any time by contacting us.
15.2. We may pass your personal information to credit reference agencies.
Where we extend credit to you for the products we may pass your
personal information to credit reference agencies and they may keep a
record of any search that they do.
15.3. We will only give your personal information to other third parties where the law either requires or allows us to do so.
16. COMMUNICATIONS BETWEEN US IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business.
16.1.
Any notice or other communication given by you to us, or by us to you,
under or in connection with the contract shall be in writing and shall
be delivered personally, sent by pre-paid first class post or other next
working day delivery service or e-mail
16.2. A
notice or other communication shall be deemed to have been received: if
delivered personally, when left at our registered office; if sent by
pre-paid first class post or other next working day delivery service, at
9.00 am on the second Business Day after posting or if sent by e-mail,
one Business Day after transmission.
16.3. 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.
16.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. OTHER IMPORTANT TERMS
17.1. We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another
organisation. We will contact you to let you know if we plan to do
this. If you are unhappy with the transfer you may contact us to end the
contract within 14 days of us telling you about it and we will refund
you any payments you have made in advance for products not provided.
17.2. You need our consent to transfer your rights to someone else (except that you can always transfer any guarantee given by us).
You may only transfer your rights or your obligations under these terms
to another person if we agree to this in writing. We may not agree if
we reasonably believe that the person to which you wish to transfer your
obligations will not be able to fulfil the obligations to be
transferred. However, you may transfer a guarantee given by us in
relation to the product to a person who has acquired the product. We may
require the person to whom the guarantee is transferred to provide
reasonable evidence that they are now the owner of the relevant item or
property.
17.3. Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any
rights to enforce any of its terms. Neither of us will need to get the
agreement of any other person in order to end the contract or make any
changes to these terms.
17.4. If a court finds part of this contract illegal, the rest will continue in force.
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.
17.5. Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required
to do under these terms, or if we delay in taking steps against you in
respect of your breaking this contract, 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 products, we can still
require you to make the payment at a later date.
17.6. Which laws apply to this contract and where you may bring legal proceedings 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.
17.7. Which laws apply to this contract and where you may bring legal proceedings if you are a business.
17.7.1. If you are a business,
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) shall be governed by and construed in accordance
with the law of England and Wales.
17.2.2. If you are a business,
we both irrevocably agree that the courts of England and Wales shall
have exclusive jurisdiction to settle any dispute or claim arising out
of or in connection with a contract or its subject matter or formation
(including non-contractual disputes or claims).
18. USE OF THIS WEBSITE
18.1 By placing an Order you agree to be bound by these Conditions. By ticking the ‘I have read and accepted the Terms & Conditions’ button at the end of our customer registration process, you mark your acceptance of these Conditions. Please understand that if You refuse to accept these Conditions, You will not be able to order any Products from the Website.
18.2 We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.
18.3 Please ensure if you have a sale code, that
this is entered and redeemed before completing payment. Please also
ensure You have double checked the items in Your basket before
completing your order. We are unable to apply codes or amend orders
retrospectively.
Please do not refresh Your page during payment, as
this can lead to a second payment being taken. If you are worried this
may have happened, You can check this in “My Orders.” Please contact us
straight away and we will try our best to cancel the duplicate order.
You
may cancel a Contract and obtain a refund anytime within 14 days after
receipt of Products by notifying Us in writing and returning the
Products to Us (See “Returning Products” below).
19. REFUNDS
19.1. Any refunds processed (excluding
return postage for faulty/incorrectly sent items, if this exceeds the
value of your original order) will be made via the same transaction.
(card/PayPal/e-wallet)
Please do not send card/bank details to us via email. We do not require this to process your refund.
20. DELIVERY LOCATIONS
20.1 Our carriers are unable to deliver to PO boxes. We will also at Our discretion exclude delivery to any addresses which are considered to be insecure.
21. LOST PARCELS
21.1. We will begin Our missing parcels procedure if your Order fails to arrive after the one hour time slot (if Your Order was sent via DPD). Please note you must contact us within 14 days for DPD to process any claims. Please allow 10 working days (if Your UK Order was sent via Royal Mail). Please allow 25 working days for orders within Europe, or 32 working days for orders dispatched to the rest of the world. The above time frames are in accordance with each delivery company’s lost parcel policy. We will investigate Your claim on the dates specified above and if We are satisfied that the non-arrival of the Product(s) was attributable to Us then a refund will be credited to the credit/debit card which was used to place the Order at then end of this investigation. In this event, You may be contacted by Us and asked to provide an alternative delivery location for future orders.
22. GIFT VOUCHERS
22.2. The value of each gift voucher will
be automatically credited to your E-wallet on the day of purchase, or
on the date specified at the time of purchase. If the items purchased
total less than the gift voucher amount the remaining funds will stay in
the e-wallet to use on the next purchase. If the items purchased exceed
the gift voucher amount the remaining value must be paid by card or
PayPal in order to complete the order. Please note that items bought
using gift vouchers can be returned but not refunded, only additional
monies paid over and above the gift voucher will be refunded and the
remaining amount purchased via Gift Voucher will be added back into your
e-wallet. Gift vouchers can only be used to make online purchases. Gift vouchers are non refundable and not transferable!
23. DISCOUNT CODES
All discount codes have a valid duration of 3 working days from the date of issue. Discount codes can’t be used in conjuction with any other promotion or discounts and can only be used once per customer, unless otherwise stated.
24. EVENTS OUTSIDE OUR CONTROL
We
will not be liable or responsible for any failure to perform or delay
in performance of, any of Our obligations under this Contract that is
caused by events outside Our reasonable control (“Force Majeure Event”).
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:-
a) Strikes, lock-outs or other industrial action.
b)
Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation
for war.
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or another natural disaster.
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e) Impossibility of the use of public or private telecommunications networks.
f) The acts, decrees, legislation, regulations or restrictions of any government.
Our
performance under the 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 during 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.