Note to Site Owners: These T&Cs are very standard and assumes nothing about your business other than you may be considering selling on line and may not be suitable for your own uses. If you intend to use them please check through carefully and make what changes are needed.
There are specific legal requirements around Distance Selling which includes selling online. The following links have useful information:
www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf (business guide)
It is our opinion that you should seek professional legal advice to ensure your T&Cs cover your business specific needs, however the T&Cs below may give you some food for thought on what things you need to be clear about.
Once you have read through and made your changes to your T&Cs page please delete the above
Terms & Conditions
Please read through our T&Cs carefully before placing your order. By using this website and/or placing an order you agree to be bound by the terms and conditions set out below. We may change these T&Cs from time to time without notice to you. Changes will apply to any subsequent orders received so it is advisable you check these T&Cs before each purchase.
Before placing an order, if you have any queries relating to these terms and conditions, please get in contact directly.
Contact Details: Full contact details may be found here [#please add hyperlink to your contact details or full postal address – if selling online the site must include a physical address]
In Writing: includes either by post and / or email.
Products: any item bought through this site whether physical, digital or service; the term also includes Delivery Charges in the context of refunds.
T&Cs: The terms and conditions of trading
Website / Site: [#insert your domain name]
1.1 This website is operated by and represents the business [#insert your trading name and business].
1.2 We may revise these T&Cs at any time by updating this posting. You should check this Website from time to time to review the then current T&Cs, because they are binding on you. Certain provisions of these T&Cs may be superseded by expressly designated legal notices, terms or conditions located on particular pages or product descriptions of this Website.
1.2.1 Changes to these T&Cs may include but is not limited to
a)Changes in how we accept payments
b)Changes in relevant laws, legislation and regulatory requirements
c)Changes in how we obtain products from our suppliers
d)[# Add any other relevant circumstance that may be peculiar to your business]
1.3 Continued use of this website indicates your acceptance of and is governed by all T&Cs at the time of your order. If you do not wish to accept any T&Cs you should not continue to use this Website.
1.4 Information held within this website is to the best of our knowledge correct and up-to-date, however some articles may carry the personal opinions of individual contributors or details may no longer be current. We do not hold any responsibility for or warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
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 Although we have made every effort to be as accurate as possible, [#because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a ?% tolerance / are indicative only]
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.5 You may only purchase Products from our site if you are at least 18 years old and any cards used for payment you have a legal right to use.
2.6 If you are a business customer you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
3 ORDER PROCESS
3.1 Our order process allows you to check what items are in the Shopping Basket and the quantities of each item prior to proceeding to a payment page. Please take the time to read and review your Basket items carefully, including the delivery method and total value as mistakes in your order may not be possible to amend post payment.
3.2 After you place your order and successfully made a payment a receipt will be emailed to you confirming that this order has been sent to us. However this does not mean that we have accepted your order.
3.3 The contract of sale will only be complete when we have emailed you confirmation of your order / notice of dispatch
3.4 If we are unable to supply you with a Product for any reason in availability or because of an error in the price on our site as referred to clause #, we will inform you by email, will not process your order and refund the full amount if already paid for as soon as possible.
4 RIGHT TO CANCEL
4.1 As a consumer you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulation 2000) during the period set out below in clause 4.4 This means that during the relevant period if you change your mind or for any reason you decide you do not want to 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 under these regulations is available from your local Citizen’s Advice Bureau or Trading Standards office.
4.2 However, this cancellation right does not apply in the case of:
a)Any made-to-measure, custom-made or customised products or products made to your specification or clearly personalised.
b)Newspapers, periodicals or magazines
c)Perishable goods such as food, drink or fresh flowers
d)Software, DVDs or CDs which have a security seal which has been broken, opened or unsealed.
4.3 Your legal right to cancel a Contract under the Distance Selling Regulations starts from the date of the Contract completion as outlined in clause 3.3
4.4 To cancel your contract please contact us in writing or by email as per our contact details. We suggest you keep a copy of your correspondence for your own records. Your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
4.5 You will receive a full refund of any delivery charges you have paid if you cancel the contract before the item(s) have been dispatched. Please see clause 6 on refunds.
5. FAULTY or MIS-DESCRIBED PRODUCT(s)
5.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these T&Cs will affect these legal rights.
5.1 If you have received a faulty or mis-described product please notify by e-mail or in writing to the address as detailed in our contact page stating the fault or complaint and whether you wish to have a replacement product or a refund.
5.2 If you have returned any products to us because they are faulty or mis-described we will refund the full price of the defective product(s) in full plus any applicable delivery charges within 30days of receiving the item(s)
6 REFUNDS & RETURNS
6.1 You will receive a full refund of the price you paid for the Products that have either not been received or have been returned. We will process the refund due to you as soon as possible but within 30 calendar days of the date on which you gave us notice as described in clause section 5 with regards to Cancellation or within 30 days of receiving the returned items with regards to both clause sections 5 & 6.
6.2 Products being returned must be returned in its original packaging following any return or collection instructions given upon receipt of your request to return a product. Products must be returned to us as soon as is reasonably possible but within 14days of notifying us of the cancellation or faulty item. [#IF you already have a specific return process and address etc please state here.]
6.3 If products are returned for any reason other than a faulty product you will be liable for the cost of returning the product(s)
6.4 You have a legal obligation to keep any products you have received and intend to return, even if faulty or damaged, in your possession and to take reasonable care of the product(s) while they are in your possession.
6.5 [#Please state the method by which you will refund the customer – Normally it would be the same method by which they paid.]
7.1 [#We do not / We only deliver to the following countries: List of Countries etc]
7.2 Delivery charges are clearly specified separately on the website’s order form at the time of confirmation, prior to payment. Please ensure you have selected the correct Delivery method for your order. Failure to select the correct delivery method or location may result in additional charges to correct your mistake.
7.3 We aim to deliver as soon as possible but please allow up to [#28day] for delivery.
7.4 Delivery will be complete when we deliver your order to the address you entered as the place of delivery. This address is included in your emailed receipt. This delivery address cannot be changed once the items have been dispatched.
7.5 [#We use a 3rd party delivery service and their conditions of delivering to an empty premises will apply.]
7.6 The products will be your responsibility from the completion of delivery.
7.7 Ownership of products transfers once we have received payment in full, including all applicable delivery charges.
7.8 [#If you order products outside the UK we are not responsible for any import duties or taxes which are applied as a result of International Delivery. We have no control over these charges, we cannot predict the amount and you will be entirely responsible for any additional charges applied as a result. – Contact your local customs office for further information before placing your order.]
7.9 You must comply with all applicable laws and regulations of the country for which the products are destined. This site adheres to UK laws only regarding the legality of the product(s) for sale. We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
8.1 The prices of Products and Delivery will be as quoted on our site and we take reasonable care to ensure that the prices stated on the website are correct at the time when entered into our system. However if we discover an error in the price, in this instance the following will apply:
a)Where the Product’s correct price is less than the price stated on our site, we will charge the lower amount or refund the difference. However if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the correct (lower) price.
b)Where the Products correct price is greater than the price stated on our site, we will contact you as soon as possible to inform you of the error and we will give you the option of continuing with the order by paying the difference 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.
9 GUARANTEES & WARRANTIES
9.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable T&Cs, please refer to the manufacturer's guarantee provided with the Products.
9.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of [#?] months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 9.4.
9.4 The warranty in clause 9.3 does not apply to any defect in the Products arising from:
a)fair wear and tear;
b)wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
c)if you fail to operate or use the Products in accordance with the user instructions;
d)any alteration or repair by you or by a third party who is not one of our authorised repairers; or
e)any specification provided by you.
9.5 If you are a consumer this warranty is in addition to your legal rights in relation to Products that are faulty or not as described.
10 BUSINESS CUSTOMERS – this clause only applies to businesses
10.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
10.2 Nothing in these Conditions limit or exclude our liability for:
a)death or personal injury caused by our negligence;
b)fraud or fraudulent misrepresentation;
c)breach of the T&Cs implied by section 11 of the Sale of Goods Act 1979 (title and quiet possession);
d)defective products under the Consumer Protection Act 1987
10.3 Subject to clause 10.2 we will under no circumstance 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:
a)any loss of profits, sales, business, or revenue;
b)loss or corruption of data, information or software;
c)loss of business opportunity;
d)loss of goodwill;
e)any direct or inconsequential loss
10.4 Subject to clauses 10.2 and 10.3, our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence, breach of statutory duty, or otherwise, shall in no circumstance exceed the price of the Product.
10.5 Except as expressly stated in these Conditions, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by Statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular we will not be responsible for ensuring that the Products are suitable for your purposes.
11.1 If we fail to comply with these T&Cs, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these T&Cs or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 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 T&Cs implied by section 11 of the Sale of Goods Act 1979 (title and quiet possession);
d)any breach of the T&Cs implied by section 12 to 14 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e)defective products under the Consumer Protection Act 1987.
11.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the T&Cs and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12 EVENTS OUTSIDE OUR CONTROL
12.1 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.
12.2 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, 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.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contractwe will contact you as soon as reasonably possible to notify you; and 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.
13.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
13.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these T&Cs, any use of extracts from this Website other than in accordance with clause 13.1 above for any purpose is prohibited. If you breach any of the conditions in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
13.3 Subject to clause 13.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
13.4 Any rights not expressly granted in these T&Cs are reserved.
14 SERVICE / SITE ACCESS
14.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
14.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
15 VISITOR MATERIAL AND CONDUCT
15.1 Other than personally identifiable information, which is covered under the Privacy Statement below, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
15.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
15.3 You may not misuse the Website (including, without limitation, by hacking).
15.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 15.2 or 15.3.
16 LINKS TO AND FROM OTHER WEBSITES
16.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
16.2 If you would like to link to this Website, you may only do so on the basis that you:
a) you do not remove, distort or otherwise alter the size or appearance of the business logo;
b) you do not in any way imply that we are endorsing any products or services other than our own without our express written permission;
c) you do not misrepresent your relationship with us nor present any other false information about us;
d) you do not otherwise use any Business or Website trademarks, registered or otherwise, displayed on this Website without our express written permission;
f) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
16.3 We expressly reserve the right to revoke the right granted in this clause 17 for breach of these T&Cs and to take any action we deem appropriate.
16.4 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 17.2.
17 OTHER IMPORTANT CONDITIONS
17.1 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 T&Cs.
17.2 You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 10 to the recipient of the gift without needing to ask our consent.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its T&Cs, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 10, but we and you will not need their consent to cancel or make any changes to these T&Cs.
17.4 Each of the paragraphs of these T&Cs 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.
17.5 If we fail to insist that you perform any of your obligations under these T&Cs, 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.
17.6 If you are a consumer, please note that these T&Cs are governed by Scottish 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 Scottish law. You and we both agree to that the courts of Scotland will have exclusive jurisdiction.
17.7 If you are a business, these T&Cs are governed by Scottish law. This means that 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), will be governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.
17.8 We will not file a copy of the Contract between us.
18.1 We are committed to ensuring the best standards of practice in all our activities. Visitors to our web site can be assured that the protection of privacy and confidentiality are given the highest priority. All personal information is collected, held and used in strict compliance with the Data Protection Act 1998.
18.3 Any information you voluntarily offer and is collected by this website will be used to contact you with further details of our current activities or to send details of future initiatives or events. It may also be used for research purposes. You can inform us at any time if you no longer require such information to be sent.
18.4 We will never pass on or sell your details to 3rd parties without your consent.
18.5 We take appropriate measures to safeguard the information we hold from unauthorised access or improper use. Our database is stored in a secure, password protected location. Only users authorised by us have access to this data. We take all reasonable measures to ensure that the information we hold is accurate. In particular we use reliable collection methods and destroy or convert to an anonymous form, any out-of-date data. Individuals may request details of all personal information held by us so as to contest inaccurate or incomplete data, verify the information and have it corrected as appropriate.
# REGISTRATION [Add if membership extension has been added to your website]
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these T&Cs and conditions.