Terms and Conditions for the Sale of Goods (in Store) - Word & PDF Template Form Pro · UK-law

TERMS AND CONDITIONS OF SALE

(CONSUMER CONTRACT FOR THE SUPPLY OF GOODS)

1. THE CONTRACT

1.1. These terms and conditions are referred to in this document as 'the contract' or 'this contract'.

1.2. In this contract, 'we', 'our' and 'us' means:

________ (a company registered in England and Wales under company number ________),

whose registered office is at:

________

and whose VAT registration number is: ________

1.3. The other party to the contract is referred to as 'you' or 'your' and means any individual purchasing goods from us as a consumer, that is to say wholly or mainly outside that individual's trade, business, craft or profession within the meaning of section 2 of the Consumer Rights Act 2015.

1.4. This contract does not apply where you are purchasing goods from us in the course of a business.

1.5. This contract sets out the terms and conditions of sale by which you are bound in connection with any goods which you purchase from us at:

________

________

(the "Sale Location")

1.6. If you buy goods from the Sale Location, you agree to be bound by this contract.

1.7. Nothing in this contract affects your statutory rights as a consumer, which exist in addition to the terms set out below and which cannot be excluded or limited.

1.8. We may need to amend or add to the terms of this contract, for example where we are required to do so by legal or regulatory requirements. Where this is the case we will notify you in advance, and you will then be entitled to end the contract before the change takes effect and receive a refund for any goods paid for but not received.

1.9. Please read this contract carefully and ensure that you understand it before making your purchase.

1.10. If you have any questions about the contents of this contract or the goods to which it relates, you can contact us by telephone on: ________, by email at: ________, or by post at our registered office above.

1.11. Details of our complaints policy and procedure can be found at: ________

2. YOUR KEY RIGHTS

2.1. Set out below is a summary of your principal legal rights as a consumer. These rights are to be read in conjunction with the terms and conditions below, and are subject to certain exceptions. For detailed information please contact the Citizens Advice consumer service or visit www.citizensadvice.org.uk.

The Consumer Rights Act 2015 requires that goods must be:

(a) as described;

(b) fit for purpose; and

(c) of satisfactory quality.

During the expected lifespan of your goods, you:

(a) are entitled to reject the goods and receive a full refund if you do so within 30 days of taking ownership of them and the goods are faulty;

(b) are entitled, where the goods are faulty, to a repair or replacement and, if the fault cannot be put right within a reasonable time or without significant inconvenience, to a price reduction or refund (in most cases a full refund will be available within the first six months); and

(c) may, for up to six years from the date of purchase, be entitled to some money back where goods do not last a reasonable length of time.

You do not have a statutory right to a refund or replacement merely because you change your mind. Our full returns policy can be located at: ________

2.2. We are also required by law, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, to provide you with certain information which is specific to your purchase. We will typically provide this to you in-store before you make your purchase. This information is to be treated as though it forms part of this contract, and we will not change it without your agreement.

3. ORDERS

3.1. We may from time to time provide you with a written or verbal quotation in respect of goods. Any such quotation does not constitute a legal offer to supply the goods and does not create a contractual sale agreement between us.

3.2. You offer to buy goods from us when you place your order. An order must be placed by you in-store by: ________

3.3. Upon receipt of your order, we will acknowledge it at the Sale Location, including (where applicable) by sending an acknowledgement email to you.

3.4. We will accept your order in writing at the Sale Location, including (where applicable) by sending a confirmation email to you. Acknowledgement of your order does not constitute acceptance of it.

3.5. Once we accept your order:

3.5.1. an order number will be provided to you;

3.5.2. the contract will come into existence between you and us; and

3.5.3. we will arrange for the goods to be provided to you.

4. WHEN WE MAY NOT ACCEPT YOUR ORDER

4.1. There are certain circumstances in which we may not be able to accept your order. These include, but are not limited to, the following situations:

4.1.1. your payment method has been declined;

4.1.2. we no longer have the product in stock; or

4.1.3. we are unable to sell the goods because of a relevant legal or regulatory requirement.

4.2. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. If we have already taken payment, we will refund you the full amount, including any delivery costs charged, as soon as possible.

5. TRANSFER OF RISK AND OWNERSHIP

5.1. The goods are your responsibility, and risk in them passes to you, from the time you take them from the Sale Location or, where we arrange delivery, from the time the goods are delivered to the address you gave us.

5.2. You own the goods once we have received payment in full.

6. PRICE AND PAYMENT

6.1. The price of your order (or the manner in which the price is to be calculated) will be provided to you before you place your order.

6.2. Prices shall always be provided to you inclusive of VAT at the applicable rate.

6.3. We accept the following payment methods:

________

6.4. You must pay in full for your order when you place it. We will take payment from you at the time of placing your order.

6.5. If for any reason your payment is not processed, you must ensure that payment is made as soon as is reasonably practicable and in any event by no later than 30 days from the date your order was accepted.

6.6. If you fail to make any payment by the due date, we may charge interest on the overdue sum at the rate of 4% per annum above the base lending rate of the Bank of England from time to time. Such interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount.

6.7. If the contract is brought to an end for any reason, your obligation to pay all sums properly owed under the contract shall survive termination.

7. FAULTY GOODS

7.1. The law imposes specific obligations on us and confers specific rights on you as a consumer in relation to goods (see section 2).

7.2. The goods shall not fall short of the standards required by law. However, please note that in certain circumstances there may be minor differences between the goods you receive and those seen in-store or advertised to you. Examples of such circumstances include:

7.2.1. where the packaging of the goods has been updated in a manner which does not affect the form or function of the goods;

7.2.2. where the goods vary from pictures shown to you in-store, as we cannot guarantee that printed pictures will always accurately reflect the true colour of the goods; and

7.2.3. where there are marginal differences in any weights or measurements within a reasonable tolerance of ________%.

7.3. If you believe that the goods you receive from us are below the standard you are entitled to expect, you may raise this with us in the first instance by: ________

7.4. If, having followed the above procedure, you remain unable to obtain a satisfactory resolution, you are entitled to raise a formal complaint with us in accordance with the procedure referred to in section 1. Nothing in this section affects your statutory rights under the Consumer Rights Act 2015.

8. OUR LIABILITY TO YOU

8.1. We are responsible to you for any foreseeable loss and damage caused by us. If we fail to comply with this contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the 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.

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8.3. We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

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8.5. We are not liable for any loss or damage caused by you, for example where you fail to follow reasonable instructions for the use, storage or maintenance of the goods, or where the goods are used in a manner for which they were not intended.

9. YOUR PERSONAL INFORMATION

9.1. In order to provide goods to you, we will need to process your personal data.

9.2. We will only process your personal data in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and our privacy policy, which can be located at: ________

9.3. Our data protection contact (and, where appointed, our Data Protection Officer) can be reached at: ________. You have rights in respect of your personal data, including the right to complain to the Information Commissioner's Office.

10. GOVERNING LAW AND JURISDICTION

10.1. This contract is governed by the law of England and Wales. If you are resident elsewhere you may be entitled to the benefit of any mandatory consumer protections of that jurisdiction.

10.2. Any disputes arising out of or in connection with this contract shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. You can choose whether to bring a claim in the courts of England and Wales or, if you live in another part of the United Kingdom, in the courts of the country in which you live.

11. THIRD PARTY RIGHTS

11.1. No one other than a party to this contract has any right to enforce a term of this contract under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.2. If a person lawfully acquires the goods from you, you may transfer the benefit of any guarantee given by us to that person.

12. GENERAL

12.1. If any provision of this contract is found by a court or other competent authority to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

12.2. If we do not insist immediately that you do anything you are required to do under this contract, or if we delay in taking steps against you in respect of your breaking the 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.

12.3. This contract constitutes the entire agreement between you and us in relation to its subject matter, save that nothing in this clause limits or excludes any liability for fraud or affects your statutory rights as a consumer.

13. SIGNATURES

13.1. Our signature

SIGNED:

________________________________

________ (________)

FOR AND ON BEHALF OF ________ (A COMPANY)

DATED ________ (DAY) ________ (MONTH) ________ (YEAR)

13.2. Your signature

SIGNED:

__________________________________

NAME (PRINT): ________

ADDRESS: ________

DATED ________ (DAY) ________ (MONTH) ________ (YEAR)