WEBSITE TERMS AND CONDITIONS OF US
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which You Interact with Us, and which Goods are sold by Us, via our websites www.interiorsbydesign.co.uk (“Our Websites”), via telephone (“Our Contact Centre”).
Please read these Terms and Conditions carefully and ensure that You understand them before Interacting with Us or ordering any Goods from Us. We recommend that You retain a copy of these Terms and Conditions for future reference.
By Interacting with Us via Our Websites and Our Contact Centre You agree to these Terms and Conditions. You will be required to read and accept these Terms and Conditions when ordering Goods. If You do not agree to comply with and be bound by these Terms and Conditions, You will not be able to Interact with Us or order Goods from Us. These Terms and Conditions, as well as any and all Contracts, are in the English language only.
These Terms and Conditions may change at any time and any changes will take effect on the date they are published on Our Websites. Please check for updated versions of these Terms and Conditions every time You visit Our Websites.
All Goods, promotions, offers, and pricing are subject to availability, location, delivery or collection restrictions, and the method of ordering.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means an account required to access and/or use certain areas and features of Our Websites;
means a contract for the purchase and sale of Goods;
means a small text file placed on Your computer or device by Our Websites when You visit certain parts of Our Websites and/or when You use certain features of Our Websites;
means you, the customer;
means our acceptance and confirmation of Your Order;
means Goods ordered or purchased by You from Us via Our Websites or Our Contact Centre;
means the goods sold by Us through Our Websites, Our Contact Centre, and Our Stores;
means You entering the premises and/or corresponding with Our Stores, You visiting Our Websites, You corresponding with Our Contact Centre and any subsequent dealings with Us;
means a hyperlink which can be used to navigate to another website or URL
means Your order for the Goods You intend to purchase from Us Your
“Order Acceptance Event”
means an event that indicates our intention to start fulfilling Your Order, limited to the following: Us sending You correspondence stating that We are despatching Goods to You or Us sending You correspondence stating that Goods are ready for You to collect from Us;
“Order Processing Notification”
means an email from Us to You including details and pricing of the Goods ordered;
“Our Contact Centre”
means our representatives that You correspond with by telephone or any other method of communication We respond to You;
means our stores, outlets, or concessions;
means our websites, including but not limited to, www.MyShoeLuv.com
means any text, imagery, files, audio or media that is published by Us excluding all User Generated Content.
“On Premises Selling”
means Goods ordered or purchased by You from Us via Our Stores;
“Returns Authorisation Process”
means the facilities provided within the My Account section of Our Websites where You may notify Us of Your intention to return Goods to Us;
“User Generated Content”
means any reviews, appraisals, recommendations, scoring or measurement, text, imagery, files, audio or media that is uploaded to Our Websites by You or a third party that is not Us.
means DFS (Design First Solutions Ltd) Limited trading as Interiors By Design, a limited company registered in England under 10647764, whose registered address is 1st Floor, 264 Manchester Road, Warrington, Cheshire, England, WA1 3RB;
2. Information About Us
Our Websites, Our Contact Centre and Our Stores are operated by DFS (Design First Solutions Ltd) Limited trading as My Shoe Luv, a limited company registered in England under 10647764, whose registered address is 1st Floor, 264 Manchester Road, Warrington, Cheshire, England, WA1 3RB
3. General Terms and Conditions
3.1 Your Account
3.1.1 You will require an Account in order to fully Interact with Us including placing orders with Us.
3.1.2 You must be over 18 years of age to create an Account.
3.1.3 When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
3.1.4 We recommend that You choose a strong password for Your Account. It is Your responsibility to keep Your password safe. If You believe Your Account is being used without Your permission, You must contact Us immediately.
3.1.5 We will not be liable for any unauthorised use of Your Account.
3.1.6 You must not use anyone else’s Account.
3.1.7 You must not share Your Account with anyone else or give Your permission for anyone else to use Your Account.
3.1.8 Any personal information provided in Your Account will be collected, used, and held in accordance with Your rights and Our obligations under the Data Protection Act 1998, as set out in these Terms and Conditions.
3.1.9 You may choose to store Your credit/debit card information or other payment methods within Your Account. You are able to manage which payment methods are saved using Our Websites. We will not be held liable for any loss that You may incur due to unauthorised access to Your Account that involves the fraudulent use of saved payment methods causing You financial loss.
3.2 Age Restrictions
3.2.1 You may only purchase Goods from Us that have an age restriction if You exceed the age of the restriction.
3.2.2 Some of the Goods We sell have an age restriction placed upon them which will be clearly published by Us or informed to You before You place an Order. As it is an offence to attempt to buy an age restricted product when under the required age, by ordering such Goods You are confirming that You are of the required age to receive and use the Goods ordered.
3.2.3 It is also an offence to attempt to purchase any such Goods on behalf of an underage third party. Therefore, any person ordering any Goods for a third party certifies that the intended recipient of the Order is of the appropriate age to receive and use the Goods ordered.
3.3 Business Customers
3.3.1 We do not endorse or warrant the use of any Goods sold by Us for commercial or business use.
3.3.2 We are unable to supply additional invoices or receipts for orders over and above the standard Order Processing and Dispatch Notification emails sent automatically.
3.3.3 We do not participate in any scheme that allows VAT to be removed from Your Order at the point of ordering. If You have a legal reason for deducting VAT from Your purchases then You will be required to make Your own claims for VAT overpaid to the relevant tax authority.
3.4 International Customers or Transactions
3.4.1 We do not accept any liability for any customs fees, tariffs, duties, or fines that You may incur when ordering Goods from Us.
3.4.2 We do not accept any liability for any Goods seized, delayed, or destroyed by customs or enforcement agencies.
3.4.3 Any payment or refund due to You will be paid to You in the same currency in which You paid for Your Order originally.
3.4.4 Any Order You place with Us will be treated as an order taking place is the United Kingdom. The applicable United Kingdomtax will be applied to the total value of the Goods. You will be responsible for any taxes, charges, levies, assessments and other fees of any kind imposed on the purchase of the Goods
3.5 Goods, Pricing and Availability
3.5.1 We make all reasonable efforts to ensure that all descriptions in English and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
18.104.22.168 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
22.214.171.124 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
3.5.2 Where appropriate, You may be required to select the required size, model, colour, number, of the Goods that You are purchasing.
3.5.3 We neither represent nor warrant that Goods will be available.
3.5.4 We make all reasonable efforts to ensure that all prices published by Us are correct at the time of publication. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not retrospectively affect any Order that You have already placed unless the pricing shown was incorrect.
3.5.5 All prices are checked by Us when We process Your Order. In the unlikely event that We have shown incorrect pricing information, We reserve the right to cancel all or part of Your Order.
3.5.6 In the event that the price of Goods You have ordered changes between Your Order being placed and Us processing that Order and taking final payment, You will be charged the price published at the time of placing Your Order.
3.5.7 All prices published by Us include VAT (where applicable).
3.5.8 Delivery charges are not included in the price of Goods published by Us. Please see Our Websites for full details of our delivery options and related charges.
3.5.9 The applicable delivery options and related charges will be presented to You as part of the order process.
3.5.10 Prices that are reduced for sales and promotional reasons are only valid for the period specified.
3.5.11 There may be circumstances in which prices differ depending on the method of ordering (i.e. via Our Websites, via Our Contact Centre, or via Our Stores) due to special promotions or clearance initiatives.
3.6 Manufacturer’s Warranties
3.6.1 Certain Goods may be provided with a manufacturer’s warranty. For further details and terms, please refer to the manufacturer’s warranty documentation supplied with the Goods.
3.6.2 The manufacturer’s warranty exists in addition to Your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, You may be entitled to return Goods to Us.
4. Distance Interaction & Selling
4.1 The terms herein contained in Section 4 only apply where You Interact with Us or You Order Goods from Us via Our Websites or Our Contact Centre.
4.2 Interaction with Our Contact Centre
4.2.1 It is Your responsibility to make any and all arrangements necessary in order to communicate with Our Contact Centre including the cost of any telephone calls, text messages, emails, letters, or any other form of correspondence or communication You exchange with Us.
4.2.2 Communication with Our Contact Centre is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Contact Centre (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Contact Centre (or any part of it) is unavailable at any time and for any period.
4.2.3 Our Contact Centre opening times are published on Our Websites. We reserve the right to alter these opening times at any time and without notice.
4.3 Interaction with Our Websites
4.3.1 It is Your responsibility to make any and all arrangements necessary in order to access Our Websites.
4.3.2 Access to Our Websites is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Websites (or any part of them) at any time and without notice. We will not be liable to You in any way if Our Websites (or any part of them) is unavailable at any time and for any period.
4.3.3 Links to other websites may be available on Our Websites. Unless expressly stated, these other websites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party websites. The inclusion of a link to another website on Our Websites is for information only and does not imply any endorsement of the websites themselves or of those in control of them.
4.3.4 Our Content on Our Websites does not constitute advice on which You should rely. It is provided for general information purposes only.
4.3.5 We exercise all reasonable skill and care to ensure that Our Websites are secure and free from viruses and other malware. However insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Websites will meet Your requirements, that they will not infringe the rights of third parties, or that they will be compatible with all software and hardware, or that they will be secure.
4.3.6 You are responsible for protecting Your hardware, software, data and other material from viruses, malware, and other internet security risks.
4.3.7 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to Our Websites or use Our Websites as a vehicle to transfer such viruses or other malware.
4.3.8 You must not attempt to gain unauthorised access to any part of Our Websites, the servers on which Our Websites are stored, or any other server, computer, or database connected to Our Websites.
4.3.9 You must not attack Our Websites by means of a denial of service attack, a distributed denial of service attack, or by any other means.
4.3.10 By breaching the provisions of sub-Clauses 4.3.7, 4.3.8, 4.3.9, You may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them. Your right to use Our Websites will cease immediately in the event of such a breach.
4.3.11 You may only use Our Websites in a manner that is lawful including:
126.96.36.199 You must ensure that You comply fully with any and all local, national or international laws and/or regulations;
188.8.131.52 You must not use Our Websites in any way, or for any purpose, that is unlawful or fraudulent;
184.108.40.206 You must not use Our Websites to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
220.127.116.11 You must not use Our Websites in any way, or for any purpose, that is intended to harm any person or persons in any way.
4.3.12 We reserve the right to suspend or terminate Your access to Our Websites if You materially breach the provisions these Terms and Conditions. Specifically, We may take one or more of the following actions:
18.104.22.168 suspend, whether temporarily or permanently, Your Account and/or Your ability to access Our Websites;
22.214.171.124 remove any User Generated Content submitted by You that breaches these Terms and Conditions;
126.96.36.199 issue You with a written warning;
188.8.131.52 take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
184.108.40.206 take further legal action against You as appropriate;
220.127.116.11 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
18.104.22.168 any other actions which We deem reasonably appropriate (and lawful).
4.3.13 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
4.4 The contract
4.4.1 Our Websites or Our Contact Centre will guide You through the ordering process. Before submitting Your Order to Us You will be given the opportunity to review Your Order and amend it. Please ensure that You have checked Your Order carefully before placing it.
4.4.2 No part of Our Websites or Your communication with Our Contact Centre constitutes a contractual offer capable of acceptance. Our acknowledgement of receipt of Your Order by means of an Order Processing Notification does not mean that We have accepted it. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.
4.4.3 Our acceptance is only indicated by the first Order Acceptance Event relating to Your Order, or 70 hours after Us sending You an Order Processing Notification where We have not subsequently informed You of our intention to cancel all or part of Your Order, whichever is the earlier. Only once an Order Acceptance Event has occurred or 70 hours has elapsed since We sent You an Order Processing Notification where We have not subsequently informed You of our intention to cancel all or part of Your Order, will there be a legally binding Contract between Us and You.
4.4.4 The Order Processing Notification shall contain the following information:
22.214.171.124 Confirmation of the Goods and the quantity ordered; and
126.96.36.199 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges.
4.4.5 We require an accurate, valid email address for You so that We may send You an Order Processing Notification. If You do not provide an accurate, valid email address to Us when placing Your Order We do not accept any responsibility for Your failure to receive an Order Processing Notification or any communication relating to Order Acceptance Events that follow thereafter.
4.4.6 If We, for any reason, do not accept or cannot fulfil Your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible.
4.5.1 Payment details for Goods and any delivery charges or other charges must always be provided in advance and You will be prompted to provide these details during the order process.
4.5.2 We accept Credit/Debit card payments (most cards are accepted however We reserve the right to refuse cards We are unable to accept) when ordering via Our Websites or Our Contact Centre.
4.5.3 We accept Paypal payments when ordering via Our Websites.
4.5.4 Where You choose to pay using Credit/Debit card, We will pre-authorise Your card for the amount of the Order but will not take payment immediately.
4.5.5 Where You choose to pay using Paypal, We will inform Paypal of our intention to charge Your account for the amount of the order but will not take payment immediately. Your agreement with Paypal however may mean that the funding methods set up on Your Paypal account are charged immediately.
4.5.6 Payment is settled in full using the payment details provided by You when the first Order Acceptance Event occurs, or 70 hours after Us sending You an Order Processing Notification where We have not subsequently informed You of our intention to cancel all or part of Your Order, whichever is the earlier.
4.5.7 Any payment or refund due to You will be paid to You in the same currency in which You paid for Your Order originally.
4.6 Fulfilment of Goods, Risk and Ownership
4.6.1 When You purchase Goods from Us You will be provided with an estimated date, dates, date range, or date ranges for the fulfilment of Your Order or the parts of which it consists. Should We be delayed in fulfilling Your order, We will fulfil Your Order within 30 calendar days of the date of the Order Processing Notification where this is a later date, unless otherwise agreed, and subject to further delays caused by events outside of Our control.
4.6.2 Where You have ordered Goods from Us for delivery, they will be delivered by a courier service of our choosing. If our courier service is unable to deliver the Goods on the delivery date for a reason of their failure to perform or Your absence from the delivery address You will receive details on how to contact our courier service to rearrange delivery.
4.6.4 In the unlikely event that We fail to deliver the Goods within 30 calendar days of the Order Processing Notification (unless otherwise indicated by the Order Processing Notification that fulfilment of all or part of the Goods would be after this date), if any of the following apply You may cancel Your Order immediately:
188.8.131.52 We have refused to deliver Your Goods; or
184.108.40.206 In light of all relevant circumstances, delivery within that time period was essential; or
220.127.116.11 You told Us when ordering the Goods that delivery within that time period was essential.
4.6.5 If You do not wish to cancel Your Order under the terms set out in 4.6.4 or if none of the specified circumstances apply, You may specify a new reasonable fulfilment date that is achievable by Us as indicated within the fulfilment information published on Our Websites. If We fail to fulfil the Goods by this date for a reason of our sole responsibility, You may then cancel Your Order.
4.6.6 You may cancel all or part of Your Order under the terms set out in 4.6.4 or 4.6.5 provided that separating the Goods in Your Order would not significantly reduce their original purchase value or residual value, including circumstances where Goods were purchased as part of a promotion. Any sums that You have already paid for cancelled Goods and their delivery will be refunded to You, with promotional discounts re-evaluated on the basis of the remaining Goods in Your Order. Please note that if any cancelled Goods are fulfilled to You, You must return them to Us or arrange with Us for their collection.
4.6.7 Where You have ordered Goods from Us for delivery, fulfilment shall be deemed complete once We have delivered the Goods to an address provided by You including, where relevant, any alternative address provided in Your Order, or where relevant to a neighbour or safe location at the discretion of the courier services entrusted with the delivery of the Goods to You.
4.6.9 The risk in the Goods shall remain with Us until We have fulfilled the Goods to You as detailed in 4.6.7.
4.6.10 Ownership of the Goods passes to You once We have received payment in full of all sums due relating to Your Order including any applicable fulfilment charges.
4.6.11 Goods may be delivered in instalments and/or in separate parts. If an instalment or part of the Goods is delayed, You may not cancel other instalments because of the delay unless as detailed in 4.6.4.
4.7 Faulty, Damaged or Incorrect Goods
4.7.1 We must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase subject to the terms set out in clause 3.5, in accordance with any pre-contract information We have provided, and that match any samples or models that You have seen or examined (unless We have made You aware of any differences. If any Goods You have purchased do not comply and, for example, have faults or are damaged when You receive them, or if You receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
4.7.2 In the event that Goods sold by Us to You do not conform with the terms set out in 4.7.1 and We at our sole discretion agree that it is not due to Your operation, use or handling of the Goods that is the cause, beginning on the day that You receive the Goods You have a 30 calendar day right to reject the Goods and to receive a full refund. Alternatively, You may request a repair of the Goods or a replacement. Should We agree to repair or replace the Goods We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to You. In certain circumstances, where We at our sole discretion decide that a repair or replacement is impossible, disproportionate, or not commercially viable, We reserve the right to instead offer You a full refund.
4.7.3 If You request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that You receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to You), You may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If You exercise the final right to reject the Goods more than six months after You have received the Goods, We may reduce any refund to reflect the use that You have had out of the Goods.
4.7.4 Please note that You will not be eligible to a repair, replacement, or refund under the terms set out in 4.7.2 or 4.7.3 if We informed You of the fault(s), damage or other problems with the Goods before Your purchase of the them and it is because of the same issue that You now wish to return them; if You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that You may not return Goods to Us under the terms set out in 4.7.2 or 4.7.3 merely because You have changed Your mind.
4.7.6 If You wish to return Goods to Us for any reason, You must notify Us within 14 calendar days from the date of fulfilment of the Goods, using the Returns Authorisation Process available on Our Websites.
4.7.7 When returning Goods to Us it is Your responsibility to ensure that the Goods are packaged properly and carefully so that no damage is caused to them. Failure to do so may result in Your returned Goods being refused and/or any refund due being reduced in value. If You are returning Goods due to changing Your mind then they must be returned to Us in an un-used and re-saleable condition or they may not be accepted.
4.7.8 Where You return Goods to Us without prior notification or without using the Returns Authorisation Process, or if the item is untraceable, refunds cannot be provided. The burden of proof is Yours to prove that Goods have been returned to Us and to ensure they are returned safely and are not damaged in transit. If You return Goods to Us without prior notification or authorisation by Us, You will be liable for any costs which You incur.
4.7.9 If a refund is required due to a product being returned to Us We will only issue that refund once We have received the returned Goods. Refunds will be processed as soon as possible and within 14 calendar days of receipt of the returned Goods unless We have reason to challenge Your reason for returning the Goods.
4.7.10 Where You return all of the Goods from Your Order to Us in full and You notified Us of Your intention to do so using the Returns Authorisation Process and all those Goods returned have been returned to Us for a valid reason, You will also be refunded any delivery charges paid by You when the Goods were originally purchased. If You return only part of Your Order to Us You will not be entitled to any refund of delivery charges paid by You when the Goods were originally purchased.
4.8 Cancelling and Returning Goods if You Change Your Mind
4.8.1 You have the right to a “cooling off” period within which You can cancel the Contract for any reason. This period begins once the first Order Acceptance Event occurs in relation to Your Order, or 70 hours after Us sending You an Order Processing Notification where We have not subsequently informed You of our intention to cancel all or part of Your Order, whichever is the earlier, i.e. when the Contract between You and Us is formed.
4.8.2 If the Goods are being delivered to You in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which You receive the Goods.
4.8.3 If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which You receive the final instalment of Goods.
4.8.4 If You wish to exercise Your right to cancel during the “cooling off” period, You must inform Us of Your decision within the cooling off period using the Returns Authorisation Process available on Our Websites. Please note that the cooling off period lasts for whole calendar days. If, for example, You notify Us of Your intention to return Goods to Us using the Returns Authorisation Process at 23:59 on the final day of the cooling off period, Your cancellation will be valid and accepted.
4.8.5 Prior to any cancellation by You under the “cooling off” period You must take reasonable care of the Goods and must not use them otherwise You will be unable to cancel Your Order under the terms set out in 4.8.1.
4.8.6 Please note that You may lose Your legal right to cancel in the following circumstances:
18.104.22.168 If the Goods are sealed for health or hygiene reasons and You have unsealed those Goods after receiving them;
22.214.171.124 If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and You have unsealed the Goods after receiving them;
126.96.36.199 If the Goods have been inseparably mixed with other items (according to their nature) after You have received them;
188.8.131.52 Goods have been personalised or made to Your specification; and
184.108.40.206 You have assembled the Goods and/or started using the Goods;
220.127.116.11 The Goods were made to order or were sourced by Us specifically for You.
4.8.7 Please ensure that You return Goods to Us no more than 14 calendar days after the day on which You have informed Us that You wish to cancel.
4.8.8 You may return Goods to Us or We may at Our sole discretion collect the Goods from You (depending on the type of Goods and how the Goods were delivered). Details on how to return the Goods to Us will be included with Your Goods. Please note that You must bear the costs of returning Goods to Us if cancelling during the “cooling off” period if You are returning the Goods to Us because You have changed Your mind and do not wish to purchase the Goods. We will also charge You the direct cost to Us of collection of the Goods if We are required to collect the Goods.
4.8.9 Refunds that We agree to pay to You in relation to Your cancellation during the “cooling off” period will be issued to You within 14 calendar days of the following:
18.104.22.168 The day on which We receive the Goods back; or
22.214.171.124 If We have not yet despatched the Goods to You, the day on which You inform Us that You wish to cancel the Contract.
4.8.10 Refunds may be reduced for any diminished value in the Goods resulting from Your excessive handling of them. For the purpose of this clause only, “excessive handling” means any more handling than is reasonable required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge You an appropriate sum if We find that the Goods have been handled in a way that would otherwise entitle Us to reduce Your refund or refuse to issue a refund altogether.
4.8.11 Should You exercise Your right to cancel during the “cooling off” period, We will not reimburse You for premium or expedited delivery charges. We will only reimburse the equivalent standard delivery costs when issuing a refund so You may lose the difference between the value You paid for delivery charges and the value of the standard charge.
5. On Premises Interaction & Selling
5.1 The terms herein contained in Section 5 only apply where You purchase or order Goods from Us via Our Stores.
5.2 Where You purchase or order Goods from Us via Our Stores, please refer to any additional signage or literature featured with or nearby the Goods for terms and conditions that also apply or exclusions or restrictions that may apply.
5.3 Where You order Goods from Us via Our Stores, please refer to the signed order form provided to You at the time of ordering for terms and conditions that also apply.
5.4 Where You purchase Goods from Us via Our Stores, please refer to the receipt provided to You at the time of purchasing for terms and conditions that also apply.
6. Our Liabilities
6.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
6.2 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
6.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
6.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.
6.5 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Websites, Our Contact Centre, or Our Stores or the use of or reliance upon any of Our Content or User Generated Content published by Us.
6.6 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to any of Our Content and any User Generated Content published by Us.
7. Events Outside of Our Control (Force Majeure)
7.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
7.2 If any event described in 7.1 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
7.2.1 We will inform You as soon as is reasonably possible;
7.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
7.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
7.2.4 If the event outside of Our control continues for more than 16 weeks We will cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 5-7 calendar days of the date on which the Contract is cancelled;
7.2.5 If an event outside of Our control occurs and continues for more than 16 weeks and You wish to cancel the Contract as a result, You may do so. Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible and in any event within 5-7 calendar days of the date on which the Contract is cancelled.
7.2.6 If the Contract is cancelled by You or by Us as set out in 7.2, if any Goods are in Your possession then We reserve the right to require the return of such Goods to Us within 14 calendar days of our request.
8. Privacy & Your Personal Information
8.1 What Data Do We Collect?
Some data about You and Your interactions with Us will be collected automatically by Us. Some data will only be collected if You voluntarily submit it, for example, when signing up for an Account. We may collect some or all of the following data:
8.1.1 Names and addresses;
8.1.2 contact information such as email addresses and telephone numbers;
8.1.3 transaction information based on Your activities and interactions with Us;
8.1.4 financial information including but not limited to credit/debit card details and Paypal details;
8.1.5 delivery and billing instructions;
8.1.6 Your mark or signature;
8.1.7 dispute resolution, and correspondence;
8.1.9 analytical information and statistics on Your use of Our Websites, Our Contact Centre, and Our Stores;
8.1.10 advertising preferences;
8.1.11 location information;
8.1.12 technical information about You and Your devices including but not limited to IP address, MAC address, operating system, device fingerprint;
8.1.13 any other information You share with Us;
8.2 How Do We Use Your Data?
8.2.1 All personal data is stored securely in accordance with the principles of the Data Protection Act 1998.
8.2.2 We use Your data to provide a good experience to You. This includes:
126.96.36.199 Providing and managing Your Account;
188.8.131.52 Providing and managing Your access to Our Websites, Our Contact Centre, and Our Stores;
184.108.40.206 Supplying Goods to You;
220.127.116.11 Responding to communications from You;
18.104.22.168 Market research; and
22.214.171.124 Analysing Your interactions with Us to enable Us to continually improve Our Websites, Our Contact Centre, and Our Stores to provide a good user experience.
8.2.3 With Your permission and/or where permitted by law, We may also use Your data for marketing purposes which may include contacting You by email and/or telephone and/or text message and/or post with information, news and offers on Our products. We will not, however, send You any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect Your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
8.3 How and Where Do We Store Your Data?
8.3.1 We routinely anonymise some data that You provide or create during Your interactions with Us. We reserve the right to hold this data indefinitely for any purpose.
8.3.2 We only keep Your personally identifiable data for as long as We need to in order to use it for the purposes set out in 8.2 or We believe We will need to use it in future for the purposes set out in 8.2, and/or for as long as We have Your permission to keep it.
8.3.3 Your Data will only be stored by Us in the United Kingdom.
8.3.4 Data security is of great importance to Us, and to protect Your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure Your personally identifiable data.
8.3.5 Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that You are advised to take suitable precautions when transmitting to Us data via the internet. We cannot be held liable or responsible for data during transmission to Us.
8.4 Do We Share Your Data?
8.4.1 We may sometimes contract with third parties to supply products and services to You on Our behalf. These may include payment processing, delivery of Goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of Your data. Where any of Your data is required for such a purpose, We will take all reasonable steps to ensure that Your data will be handled safely, securely, and in accordance with Your rights, Our obligations, and the obligations of the third party under the law.
8.4.2 We may compile statistics that are based on data that includes information about Your interactions with Us including usage patterns, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
8.4.3 In certain circumstances We may be legally required to share certain data held by Us, which may include Your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from You in order to share Your data in such circumstances and will comply as required with any legally binding request that is made of Us.
8.5 What Happens If Our Business Changes Hands?
8.5.2 In the event that any of Your data is to be transferred in such a manner, You will not be contacted in advance or informed of the changes.
8.6 How Can You Control Your Data?
8.6.1 When You provide information to Us, You may be given options to restrict the means by which We can contact You;
8.6.2 Where relevant You may be provided with options to restrict Your visibility of advertising or marketing that We undertake.
8.7 Your Right to Withhold Information
8.7.1 To receive services from Us, to purchase Goods from Us, to view or read or witness any information published by Us, or in any way interact with Us You may be required to submit or allow for the collection of certain personally identifiable data. You may withhold this information if You wish however this will restrict Your ability to interact with Us.
8.8 You have the legal right to ask for a copy of any of Your personal data held by Us (where such data is held) on payment of a fee of £10.00. Please contact Us using the contact details available on Our Websites.
8.9 Please see Our Websites for details of Cookies that We use.
9. User Generated Content
9.1 If You wish to submit User Generated Content to Us, You agree that You will be solely responsible for that User Generated Content. Specifically, You agree, represent and warrant that You have the right to submit the User Generated Content and that it will not contravene any aspect of these Terms and Conditions.
9.2 When submitting User Generated Content (or interacting with Us in any way), You must not submit, communicate or otherwise do anything that:
9.2.1 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
9.2.2 promotes violence;
9.2.3 promotes or assists in any form of unlawful activity;
9.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
9.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
9.2.6 is calculated or otherwise likely to deceive;
9.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
9.2.8 misleadingly impersonates any person or otherwise misrepresents Your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.2);
9.2.9 implies any form of affiliation with Us where none exists;
9.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
9.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.3 You agree that You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by You under sub-Clause 9.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
9.4 You retain the ownership of Your User Generated Content and all intellectual property rights subsisting therein. By submitting User Generated Content to Us, You grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence Your User Generated Content for the purposes of operating or marketing our business. You also grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to attribute and display Your name or an abbreviation of Your name to any User Generated Content that You submit to Us.
9.5 We may reject, reclassify, or remove any User Content submitted to Us where that User Generated Content, in Our sole opinion, violates these Terms and Conditions, or if We receive a complaint from a third party and determine that the User Generated Content in question should be removed as a result.
10. Our Intellectual Property
10.1 With the exception of User Content (see Clause 9), all Content included on Our Websites and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
10.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Websites unless given express written permission to do so by Us.
10.3 You may:
10.3.1 Access, view and use Our Websites in a web browser (including any web browsing capability built into other types of software or app);
10.3.2 Download Our Websites (or any part of it) for caching;
10.3.3 Print pages from Our Websites;
10.3.4 Download extracts from pages on Our Websites; and
10.3.5 Save pages from Our Websites for later and/or offline viewing.
10.4 Our status as the owner and author of the Content on Our Websites (or that of identified licensors, as appropriate) must always be acknowledged.
10.5 You may not use any Content saved or downloaded from Our Websites for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Websites for general information purposes whether by business users or consumers.
10.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
10.7 You may link to Our Websites provided that:
10.7.1 You do so in a fair and legal manner;
10.7.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
10.7.3 You do not use any logos or trade marks displayed on Our Websites without Our express written permission; and
10.7.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
11. Complaints and Feedback
11.1 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us using the contact details provided on Our Websites.
11.2 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
11.3 We hope that We can resolve all issues with You directly and have a team of dedicated Customer Service Advisors who are happy to help and assist You with Your online queries. However, if You are not satisfied with the outcome You may report Your complaint using the Online Dispute Resolution Platform (ODR). There is a criteria that must be met prior to the use of this service, however, if You meet the requirements and wish to proceed please visit the following URL: https://webgate.ec.europa.eu/odr/main/index.cfm
12. Other Important Terms
12.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
12.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
12.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
12.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
12.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
12.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to Your Order, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them. If You do opt to cancel, You must return any affected Goods You have already received and We will arrange for a full refund (including delivery charges) which will be paid within 5-7 calendar days of Your cancellation.
13. Law and Jurisdiction
13.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
13.2 Any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise)