Website Terms and Conditions of Sale - Template Form Pro · UK-law

TERMS AND CONDITIONS OF SALE

YOUR KEY LEGAL RIGHTS AS A CONSUMER

You have certain rights when you purchase goods from us in this way. The following is a summary of your key statutory rights, which apply alongside these terms and conditions.

Right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in most cases you have up to 14 days after receiving your goods to change your mind and obtain a full refund.

Your rights in relation to the goods

The Consumer Rights Act 2015 provides that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you are entitled to the following remedies:

• up to 30 days: if your goods are faulty, you may reject them and obtain a full refund;
• up to six months: if the goods cannot be repaired or replaced, you are entitled, in most cases, to a full refund;
• up to six years (or five years in Scotland): if the goods do not last a reasonable length of time, you may be entitled to a partial refund.

This summary is intended only as a guide to your key rights and must be read together with the detailed terms and conditions set out below. Nothing in these terms affects your statutory rights. You can obtain further information and advice about your consumer rights by contacting Citizens Advice (telephone 0808 223 1133 or via www.citizensadvice.org.uk).

TERMS AND CONDITIONS

1. About us and these Terms

1.1. The Site. These terms and conditions ("the Terms") apply when you purchase goods from our website:

________

("the Site").

1.2. The Website Operator. In these Terms "we", "our" and "us" mean the website operator:

________, a ________ registered in England and Wales under company/registration number ________, whose registered office and/or trading address is:

________.

Our VAT registration number (where applicable) is ________.

1.3. Website Users. In these Terms "you", "your" and "yours" mean any person accessing or using the Site.

1.4. Contacting us. You may contact us with any questions or issues in respect of these Terms by email at ________, by telephone on ________, or by post at the address set out in clause 1.2.

1.5. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the details above.

2. Application of these Terms

2.1. These Terms apply where you purchase goods from the Site as a consumer (that is, where you are acting wholly or mainly outside your trade, business, craft or profession). They do not apply to business customers.

2.2. By placing an order through the Site you agree to be legally bound by these Terms.

2.3. Specific terms may apply to the sale of particular goods. Where this is the case, information about those terms will be provided to you before you complete the checkout process, and those specific terms will form part of your contract with us.

2.4. These Terms and any contract between us are available only in the English language.

3. Information we give you

3.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we are required to give you certain information before you enter into a contract with us. We will usually provide this information on the relevant product page or by way of a hyperlink.

3.2. The key information that we are required by law to give you forms part of these Terms (as though set out in full here), and we may only amend it with your express agreement.

4. Ordering from us

4.1. This clause explains how a legally binding contract between you and us is formed.

4.2. You place an order by following the relevant instructions on the product page and completing the checkout process.

4.3. You should check your order carefully before submitting it. If you believe you have made an error after placing your order, please contact us straight away using the details above.

4.4. We will acknowledge your order by email. This acknowledgement is not an acceptance of your order and does not form a binding contract.

4.5. In certain circumstances we may be unable to accept your order. We will inform you if this is the case and will refund any sums already paid.

4.6. A legally binding contract between you and us comes into existence only when we send you an email confirming acceptance of your order (the "Confirmation Email").

4.7. Once we have accepted your order, we will deliver the goods to you in accordance with clause 7.

5. Your right to cancel

5.1. You have the right to cancel the contract created under these Terms within 14 days without giving any reason.

5.2. Your right to cancel does not apply to certain goods, including goods made to your specifications or clearly personalised, perishable goods, and sealed goods which are not suitable for return for health protection or hygiene reasons if unsealed after delivery. Where this applies, we will tell you before you place your order.

5.3. The cancellation period will expire after 14 days from the day:

5.3.a. on which you, or a third party other than the carrier indicated by you, acquire physical possession of the goods, in the case of a sales contract;

5.3.b. on which you, or a third party other than the carrier indicated by you, acquire physical possession of the last of the goods, in the case of a contract for multiple goods ordered together but delivered separately;

5.3.c. on which you, or a third party other than the carrier indicated by you, acquire physical possession of the last lot or piece, in the case of a contract for goods consisting of multiple lots or pieces; or

5.3.d. on which you, or a third party other than the carrier indicated by you, acquire physical possession of the first of the goods, in the case of a contract for the regular delivery of goods during a defined period.

5.4. To exercise the right to cancel, you must inform us of your decision by a clear statement (for example, a letter sent by post or an email). You may use the model cancellation form below, but you are not obliged to do so.

Model cancellation form To: ________ of ________ (email: ________). I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods*/the supply of the following service*: Ordered on*/received on*: Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: * Delete as appropriate.

5.5. To meet the cancellation deadline, it is sufficient for you to send your communication exercising the right to cancel before the cancellation period has expired.

6. Effects of cancellation

6.1. If you cancel the contract created under these Terms in accordance with clause 5, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising where you chose a type of delivery other than the least expensive type of standard delivery offered by us).

6.2. We may make a deduction from the reimbursement for any loss in the value of the goods resulting from handling by you beyond what is necessary to establish the nature, characteristics and functioning of the goods.

6.3. We will make the reimbursement without undue delay, and not later than:

6.3.a. 14 days after the day on which we receive back from you any goods supplied; or

6.3.b. (if earlier) 14 days after the day on which you provide evidence that you have returned the goods; or

6.3.c. if no goods were supplied, 14 days after the day on which we are informed of your decision to cancel.

6.4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

6.5. If you have received the goods, you must return them to us without undue delay and in any event not later than 14 days from the day on which you notify us of cancellation. You will bear the direct cost of returning the goods unless we have agreed to bear that cost or the goods are faulty or not as described.

7. Delivery of goods

7.1. Information about our delivery services and charges can be found on our delivery page.

7.2. The estimated date and any time window for delivery is set out in the Confirmation Email.

7.3. If something happens which is outside our reasonable control and which affects the estimated date of delivery, we will provide you with a revised estimated delivery date.

7.4. Delivery takes place when we deliver the goods to the address you gave us.

7.5. We may be unable to deliver the goods if we cannot properly identify you. Please be prepared to provide a form of identification (such as a passport or photocard driving licence) on delivery where required.

7.6. Unless otherwise agreed, if we cannot deliver your goods within 30 days, or within any other period agreed as essential, we will:

7.6.a. let you know;

7.6.b. cancel your order; and

7.6.c. give you a full refund.

7.7. If nobody is available to take delivery, please contact us using the details above to arrange redelivery.

7.8. The goods are at your risk from the time of delivery (or, where you have arranged your own carrier, from the time the goods are delivered to that carrier).

7.9. Please check our available delivery locations in our delivery policy before placing your order.

7.10. We may deliver your goods in instalments. Details will be provided during the online checkout process.

8. Price and payment

8.1. We accept the following means of payment:

________

8.2. We will take all reasonable steps to keep secure the information you give us when paying for goods, using an encrypted and secure payment mechanism. However, save where caused by our negligence or breach of duty, we will not be legally responsible to you for any loss you may suffer if a third party gains unauthorised access to any information you give us.

8.3. Your credit or debit card will only be charged when you confirm your order. All card payments must be authorised by the relevant card issuer.

8.4. If your payment is not received by us and you have already received any goods, you:

8.4.a. must pay for such goods within 30 days; or

8.4.b. must return them to us as soon as possible in a returnable condition in accordance with our returns policy.

8.5. Nothing in this clause affects your legal rights to cancel the contract during the cooling-off period under clause 5.

8.6. Before you check out, we will inform you of the price of the goods, all applicable taxes, and any additional costs such as delivery and packaging. The price of the goods is the price displayed at the time you place your order.

8.7. From time to time we may operate reward and loyalty schemes. Where applicable, you will need to confirm the relevant information when you check out.

9. Provision of goods

9.1. We must supply goods that comply with your legal rights under the Consumer Rights Act 2015 and our contract with you. Your key consumer rights are summarised at the start of these Terms.

9.2. The packaging of the goods may differ from that shown on our Site.

9.3. The colours of the goods shown on our Site may vary depending on your settings and the device you are using.

9.4. While we take reasonable care to ensure that all weights, sizes and measurements shown on our Site are accurate, there may be a small tolerance of up to 1% in some cases.

9.5. Any goods sold at a discounted price or as being of a lower quality than the original product will be clearly marked as such.

10. Faulty goods

10.1. Where goods are faulty or not as described, your rights under the Consumer Rights Act 2015 apply. Please contact us using the details above if you want us:

10.1.a. to repair the goods;

10.1.b. to replace the goods;

10.1.c. to give a price reduction; or

10.1.d. to allow you to reject the goods and obtain a refund.

10.2. Nothing in these Terms affects your statutory rights in respect of faulty or misdescribed goods.

11. Returns

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12. Our rights to make changes

12.1. The version of these Terms that applies to your order is the version in force at the time you placed your order.

12.2. We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements, or changes in the way we accept payment or carry on our business.

12.3. We may make minor changes to the goods to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. Such changes will not affect your use of the goods.

12.4. Where we make more significant changes to the goods or to these Terms, we will notify you, and you may then contact us to end the contract before the changes take effect and receive a refund for any goods paid for but not received.

12.5. If there is any conflict between these Terms and any specific terms applying to the sale of particular goods, the specific terms will take precedence.

12.6. If any provision of these Terms is found by a court or other competent authority to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

13. Data protection

We process any personal data you provide in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. Full details of how we collect, use and store your personal data are set out in our privacy notice available on the Site.

14. Indemnity

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15. Limitation of liability

15.1. Save in circumstances where liability cannot be excluded or limited by law, we are not responsible for:

15.1.a. any loss or damage that was not foreseeable to you or us when the contract was formed;

15.1.b. any loss or damage caused by a third party and not caused by any breach on our part; or

15.1.c. any business losses, these Terms being intended for use by consumers only.

15.2. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by the Consumer Rights Act 2015, or for any other liability that cannot be limited or excluded by law.

15.3. Nothing in these Terms limits or excludes your statutory rights as a consumer.

16. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.

17. Disputes and governing law

17.1. We will try to resolve any disputes or complaints efficiently. Please see our complaints handling policy for more information.

17.2. If you are unhappy with us, please contact us as soon as possible using the details above.

17.3. If we cannot resolve a dispute using our complaints procedure, you may submit the dispute to the alternative dispute resolution provider with which we are registered, namely ________. The use of this service is voluntary and does not affect your right to bring legal proceedings.

17.4. These Terms and any dispute or claim arising out of or in connection with them are governed by and construed in accordance with the law of England and Wales. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts.

18. Acceptance

By placing an order you confirm that you have read, understood and agree to these Terms.

Date of issue of these Terms: ________.