CANCELLATIONS, RETURNS, EXCHANGES AND REFUNDS
1 If You haven’t submitted an order, You may clear the items in Your shopping basket at any time by clicking the ‘Remove’ button next to the product You do not wish to purchase in Your shopping basket. If You have placed an order but then wish to change or cancel it, please contact us as soon as You can and We will try our best to make any changes but We cannot guarantee that We will be able to do so as the order may already have been processed. In such cases, You may have to wait until You receive the order and then You can exercise Your statutory cancellation rights under the DSRs as in condition 1/2 and follow the normal returns procedure set out in our Returns Form.
1/2 If You are within the Europe, the DSRs give You seven (7) Working Days to inspect the Product upon delivery and to opt to exercise your right of cancellation. This means that if You change Your mind about the Product or for any other reason You decide You do not want to keep the Product, please provide a written notice of cancellation. If You cancel Your order, please do so by sending an email to firstname.lastname@example.org (with “CANCELLATION” in the subject line)
Subject to condition 1.7, once We have heard from You that You wish to cancel an order, any sum debited to us from Your credit or debit card will be re-credited to that credit or debit account within thirty (30) days of us receiving the returned Product in the same condition that they were when delivered to You.(undamaged)
1.3 You are under a statutory duty throughout the period in which You retain possession of the Product to take reasonable care of it. Examples of a failure to take reasonable care of the Product may include if You use the Product and if You remove the Product from its packaging and fail to properly repack it. You agree to return the Product in full, in a resalable condition and securely packaged (properly repacked in the original packaging if it was removed from it).
1.4 If Your failure to take reasonable care of the Product means that it cannot be resold as new, We reserve the right to apply a charge and to withhold payment of part of the refund in respect of the Product as compensation for our loss on this Product. If Your failure to take reasonable care of the Product means that it cannot be resold at all, We reserve the right to apply a charge and to withhold payment of all of the refund in respect of the Product as compensation for our loss on this Product.
1.5 If You wish to cancel Your order, return Your Product and/ or exchange a Product, please follow the procedure or contact us for details.
1.6 We are happy to exchange a Product for the same item where the Product is damaged, faulty or incorrectly shipped through any circumstance that is in our error within twenty-eight (28) days from the date of the invoice.
but You will need to pay the postage costs. Once We have received Your Products, We will post Your new exchange back to You for free (other country Postage Charges may apply).
1.7 The Supplier shall NOT be liable to pay for the return of the Product whether under the DSRs or otherwise (unless the Product is defective, faulty, damaged or does not substantially conform to the Product Information). You agree to return the Product at Your own expense and failure to do so will automatically authorise the Supplier to take recovery of the Product and to charge You for the recovery. We recommend that You use a registered postal service to return any Product to us. All Products are returned at Your own risk and We will not be held liable for lost or damaged parcels. We will make all refunds to the card used for payment. The refund will consist of the Product Price inclusive of a standard delivery fee less any charges for failure to take reasonable care of the Product and any recovery fees. If You paid for a delivery which cost more than the Royal Mail Standard post to the UK Mainland, We will only refund up to the cost of this standard delivery i.e. no other delivery method cost is refundable. You will have to pay the costs of sending the order back to us. We will not refund any postage and packing charges if You cancel after the seven (7) days allowed under the Distance Selling Regulations or if You only cancel part of Your order (although You still have twenty-eight (28) days to return Your Products and receive a refund for the cost of the Products .
1.8 If You cancel Your order under the DSRs and We do not receive them back from You, We may charge a collection fee for the cost of having the Product collected on Your behalf which should be approximately the same as the initial cost of delivering the Product. You agree that We may set-off the collection fee against any sums being refunded to You. If You are returning Your Product because it is damaged, faulty or does not substantially conform to the Product Information, no collection fee may be charged.
2.1 Unless You notify the Supplier in writing of the failure to deliver within seven (7) days after the scheduled delivery date, claims related to non-delivery may be reduced or rejected if We have not been given an immediate opportunity to put matters right. Any liability of the Supplier for non-delivery of the Product shall be limited to replacing the Product within a reasonable time or issuing a part or full refund of the monies paid for such Product.
2.2 In the unlikely event that You receive Products which are not what You ordered, We shall collect such Products at our expense. If You receive Products which are damaged or defective or do not substantially conform to the Product Information, We shall replace or repair such Products. If You do not receive delivery or You receive Products of an incorrect quantity to that stated on Your order form, We shall make good any non-delivery or shortage. In all the circumstances set out in this condition, You may have the option (at the Supplier’s discretion) to receive a refund for the amounts You paid for the Products at issue PROVIDED THAT the Product has been handled in accordance with the Supplier’s stipulations and You notify us of the problem in writing at the address stated in the Dispatch Confirmation within seven (7) Working Days of delivery (or proposed delivery (in the case of non-delivery)) of the Products and You return the Products to us, unless We inform You that returning the Product is unnecessary.
2.3 Subject to the related conditions in these Terms, the Customer’s sole and exclusive remedy under these Terms is the repair or replacement of the Product or a refund of the Product Price.
3. LIMITATION OF LIABILITY
3.1 The following provisions set out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of: (a) any breach of these Terms; and, (b) any representation, statement or tortious act or omission (including negligence) arising out of or in connection with these Terms.
3.2 All warranties, conditions and other terms whether express or implied by statute or common law are excluded from these Terms to the fullest extent permitted by law. However, nothing in these conditions excludes or limits the liability of the Supplier for: (a) death or personal injury caused by the Supplier’s negligence; or (b) fraud or fraudulent misrepresentation.
3.3 Subject to condition 1.2, if You or the Supplier are in breach of these Terms, neither party shall be responsible for any losses that the other suffers as a result, except those losses which are a reasonably foreseeable consequence of the breach. The losses are foreseeable where they could be contemplated by either party at the relevant time.
3.4 The Products sold on the Site are provided for non-commercial purposes only. Accordingly, You or the Supplier are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable (such as consequential loss, loss of profits, loss of opportunity, loss of income or profit, loss of damage to property and/or loss from claims of third parties). The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by You for the Product i.e. the Product Price.
3.5 These Terms do not affect Your statutory rights as a consumer.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge that all Intellectual Property Rights used by or subsisting in the Product are and shall remain the sole property of the Supplier or (as the case may be) may subsist as third party rights, the owner of which is affiliated to the Supplier in the course of business as a licensor.
4.2 The Supplier’s Intellectual Property Rights in and relating to the Product shall remain the exclusive property of the Supplier or its’ licensors and You shall not at any time make any unauthorised use of such Intellectual Property Rights, nor authorise or permit any agents or contractors or any other person to do so.
5. DATA PROTECTION
In respect of any personal data (as defined in the Data Protection Act 1998 (the “1998 Act”)) processed by the Supplier pursuant to these Terms, these
6. FORCE MAJEURE
The Supplier reserves the right to defer the date of delivery, or to cancel the Contract with no liability if it is prevented from or delayed in carrying on its business by a Force Majeure Event.
Assignment You shall not, without the prior written consent of the Supplier, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under the Contract. The Supplier may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract. Enforceability If any one or more of the provisions of this Contract should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained in this Contract shall not in any way be affected or impaired and the parties shall amend this Contract to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable. Entire Agreement Each of the parties acknowledge and agree that in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Contract or not) relating to the subject matter of this Contract other than as expressly set out in this Contract. Remedies Not Exclusive The rights and remedies of the parties set out in this Contract are cumulative and not exclusive of any other rights or remedies provided by law. Waiver A waiver of any right under the Contract is only effective if it is in writing and signed by or on behalf of the waiving party, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
8. THIRD PARTY RIGHTS
The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.