These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by placing an order, you agree to these Terms.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1 Information About Us
1.1 We operate the website www.sitemmcraft.co.uk. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.2 Contacting us:
(a) To cancel a Contract in accordance with your legal right as set out in clause 8, you just need to let us know that you have decided to cancel before postage is done. The easiest way to do this is to phone us or e-mail us at info@sitemmcraft.co.uk
If you send us your cancellation notice by e-mail then your cancellation is effective from the date and time you send us the e-mail and this should be before postage.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 07404148689 or by e-mailing us at info@sitemmcraft.co.uk.
(c) If we have to contact you or give you notice in writing, we will do so by the e-mail or telephone number provided.
2 Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 We try to get Product descriptions, pricing and specifications right, but specifications may change and we reserve the right to withdraw or substitute items if necessary. Products are subject to availability, while stocks last.
3 Use Of Our Site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4 How We Use Your Personal Information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
5 Age Restrictions
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 16 years old.
6 How The Contract Is Formed Between You And Us
6.1 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.
6.2 After you place an order, you will receive an e-mail 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 as described in clause 6.3.
6.3 Our acceptance of your order will take place when we e-mail you with confirmation that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10, we will inform you of this by e-mail and we will not process that part of your order which deals with the Product. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible, in the case of an Order with multiple Products we will refund only that element of the order which relates to the price of the Product and we will not refund the delivery costs. Each order made will be charged separately. If only part of your order is available, we will only dispatch the items that are in stock, and cancel the out of stock items.
7 Our Right to Vary These Terms
7.1 We amend these Terms from time to time.
7.2 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.
7.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 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.
8 Your Right of Return and Refund
8.1 If you are a consumer and purchase items online, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of custom made items. You can only cancel before the products are made. After it is made, you cannot return or cancel.
8.3 Returns
8.3.1 Your Contract
Your contract is for a single product (which is not delivered in instalments on separate days).
8.3.2 End of the cancellation period
The end date is the end of 7 days after the day on which you receive the goods. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the goods on 10 January you may cancel at any time between 1 January and the end of the day on 17 January.
8.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email or phone us as mentioned above.
8.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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.
(b) Delivery costs will not be refunded. The customer bears the delivery cost.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 working days after 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. For information about how to return a Product to us, see clause 8.8;
(ii) If you have not received the Product or you have received it and we have offered to collect it from you: 14 working days after you inform us of your decision to cancel the Contract.
8.6 If you have returned the Products to us under this clause 8 because the item is damage (which is not your fault) or miss-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We will refund you on the credit card or debit card used by you to pay, but in the event of a partial refund we reserve the right to issue a cheque to you. If the card you used to pay with expires before the refund is made please call us to give us your new card details.
8.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to us. Please note that we do not offer an exchange service by post.
(b) Unless the Product is damage or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection from our usual carrier.
8.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are damaged or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9 Delivery
9.1 We will contact you with an estimated delivery date, which will be within 30 days after the date you place your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens. If no one is available at your address to take delivery, where possible our couriers will leave the parcel in a safe place or with a neighbour, if neither of these options are available our courier will leave a card explaining what the next step is in the delivery process.
9.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
9.3 You own the Products once we have received payment in full, including all applicable delivery charges and the Products have been delivered to you, as set out in clause 9.2 above.
9.4 If we miss the 30 day delivery deadline for any Products then we may cancel your order straight away and refund you any sums you have paid to us for the cancelled Products and their delivery.
9.5 If you do not wish us to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline following which we will refund any sums you have paid to us for the cancelled Products and their delivery within 14 working days of your order being cancelled.
9.6 If you do choose to cancel your order for late delivery under clause 9.4 or clause 9.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled.
9.7 For all Delivery Options: Each order made will be charged separately. If only part of your order is available, we will only dispatch the items that are in stock, and cancel the out of stock items. You will not be charged for anything we do not send to you.
If you aren’t in when we call to deliver we won’t always need a signature, we can leave it with a neighbour or in a safe place for you.
Whilst we are able to deliver to your work address, remember that these orders may take slightly longer to get to you. But be sure we'll do everything we can to get it there as soon as possible.
10 Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.4 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
11 How To Pay
11.1 You can only pay for Products using a debit card, credit card or PayPal. We accept the following cards: Visa, Visa Debit, Visa Electron, Visa Purchasing, MasterCard, MasterCard Debit and Maestro.
11.2 Payment for the Products and all applicable delivery charges is in advance. When you order Products online and pay by card, we will not charge your debit card or credit card until the earlier of when we dispatch your order or the sixth day after you place your order. If you pay by PayPal we will deduct the funds immediately. For online orders placed in store, payment will be taken at the time the order is placed.
12 Our Liability
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) Defective products under the Consumer Protection Act 1987.
13 Events outside our control
13.1 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 below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation 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, extreme weather conditions, 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.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, excluding any delivery charges.
14 Other Important Terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
14.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.4 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
14.5 If you have a complaint, our complaints handling policy is that your complaint is picked up within 24 hours of it being lodged with us and investigated at the appropriate level within our organisation. We offer no guarantees whatsoever in relation to how long it will take to resolve your complaint.
Our Liability if you are a Consumer
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We are supplying you the Products for domestic and private use only. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(v) defective products under the Consumer Protection Act 1987.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1 Information About Us
1.1 We operate the website www.sitemmcraft.co.uk. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.2 Contacting us:
(a) To cancel a Contract in accordance with your legal right as set out in clause 8, you just need to let us know that you have decided to cancel before postage is done. The easiest way to do this is to phone us or e-mail us at info@sitemmcraft.co.uk
If you send us your cancellation notice by e-mail then your cancellation is effective from the date and time you send us the e-mail and this should be before postage.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 07404148689 or by e-mailing us at info@sitemmcraft.co.uk.
(c) If we have to contact you or give you notice in writing, we will do so by the e-mail or telephone number provided.
2 Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 We try to get Product descriptions, pricing and specifications right, but specifications may change and we reserve the right to withdraw or substitute items if necessary. Products are subject to availability, while stocks last.
3 Use Of Our Site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4 How We Use Your Personal Information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
5 Age Restrictions
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 16 years old.
6 How The Contract Is Formed Between You And Us
6.1 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.
6.2 After you place an order, you will receive an e-mail 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 as described in clause 6.3.
6.3 Our acceptance of your order will take place when we e-mail you with confirmation that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10, we will inform you of this by e-mail and we will not process that part of your order which deals with the Product. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible, in the case of an Order with multiple Products we will refund only that element of the order which relates to the price of the Product and we will not refund the delivery costs. Each order made will be charged separately. If only part of your order is available, we will only dispatch the items that are in stock, and cancel the out of stock items.
7 Our Right to Vary These Terms
7.1 We amend these Terms from time to time.
7.2 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.
7.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 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.
8 Your Right of Return and Refund
8.1 If you are a consumer and purchase items online, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of custom made items. You can only cancel before the products are made. After it is made, you cannot return or cancel.
8.3 Returns
8.3.1 Your Contract
Your contract is for a single product (which is not delivered in instalments on separate days).
8.3.2 End of the cancellation period
The end date is the end of 7 days after the day on which you receive the goods. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the goods on 10 January you may cancel at any time between 1 January and the end of the day on 17 January.
8.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email or phone us as mentioned above.
8.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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.
(b) Delivery costs will not be refunded. The customer bears the delivery cost.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 working days after 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. For information about how to return a Product to us, see clause 8.8;
(ii) If you have not received the Product or you have received it and we have offered to collect it from you: 14 working days after you inform us of your decision to cancel the Contract.
8.6 If you have returned the Products to us under this clause 8 because the item is damage (which is not your fault) or miss-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We will refund you on the credit card or debit card used by you to pay, but in the event of a partial refund we reserve the right to issue a cheque to you. If the card you used to pay with expires before the refund is made please call us to give us your new card details.
8.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to us. Please note that we do not offer an exchange service by post.
(b) Unless the Product is damage or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection from our usual carrier.
8.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are damaged or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9 Delivery
9.1 We will contact you with an estimated delivery date, which will be within 30 days after the date you place your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens. If no one is available at your address to take delivery, where possible our couriers will leave the parcel in a safe place or with a neighbour, if neither of these options are available our courier will leave a card explaining what the next step is in the delivery process.
9.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
9.3 You own the Products once we have received payment in full, including all applicable delivery charges and the Products have been delivered to you, as set out in clause 9.2 above.
9.4 If we miss the 30 day delivery deadline for any Products then we may cancel your order straight away and refund you any sums you have paid to us for the cancelled Products and their delivery.
9.5 If you do not wish us to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline following which we will refund any sums you have paid to us for the cancelled Products and their delivery within 14 working days of your order being cancelled.
9.6 If you do choose to cancel your order for late delivery under clause 9.4 or clause 9.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled.
9.7 For all Delivery Options: Each order made will be charged separately. If only part of your order is available, we will only dispatch the items that are in stock, and cancel the out of stock items. You will not be charged for anything we do not send to you.
If you aren’t in when we call to deliver we won’t always need a signature, we can leave it with a neighbour or in a safe place for you.
Whilst we are able to deliver to your work address, remember that these orders may take slightly longer to get to you. But be sure we'll do everything we can to get it there as soon as possible.
10 Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.4 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
11 How To Pay
11.1 You can only pay for Products using a debit card, credit card or PayPal. We accept the following cards: Visa, Visa Debit, Visa Electron, Visa Purchasing, MasterCard, MasterCard Debit and Maestro.
11.2 Payment for the Products and all applicable delivery charges is in advance. When you order Products online and pay by card, we will not charge your debit card or credit card until the earlier of when we dispatch your order or the sixth day after you place your order. If you pay by PayPal we will deduct the funds immediately. For online orders placed in store, payment will be taken at the time the order is placed.
12 Our Liability
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) Defective products under the Consumer Protection Act 1987.
13 Events outside our control
13.1 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 below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation 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, extreme weather conditions, 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.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, excluding any delivery charges.
14 Other Important Terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
14.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.4 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
14.5 If you have a complaint, our complaints handling policy is that your complaint is picked up within 24 hours of it being lodged with us and investigated at the appropriate level within our organisation. We offer no guarantees whatsoever in relation to how long it will take to resolve your complaint.
Our Liability if you are a Consumer
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We are supplying you the Products for domestic and private use only. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(v) defective products under the Consumer Protection Act 1987.