7 If there is a problem with the Good(s)
7.1 We are under a legal duty to supply Goods that are in conformity with this Contract.
Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: · Up to 30 days: if your goods are faulty, then you can get an immediate refund. · Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. · Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also exercising your right to change your mind (below).
7.2 If You wish to exercise Your legal rights to reject Goods (see clause 8 below) You must post them back to Us. Please email us at email@example.com to arrange a return.
8.1 The following clauses do not affect Your rights of cancellation which exist under any local mandatory laws which apply in the country in which the Contract between You and Us was formed.
8.2 If You are a consumer (i.e. not buying the Good(s) in the course of Your business, trade or profession), then You may cancel Your Contract for the Goods:
(a) if what You have bought is faulty or mis-described You may have a legal right to end the Contract (or to get the Good(s) repaired or replaced or a service re-performed or to get some or all of Your money back);
(b) if You want to end the Contract because of something We have done or have told You We are going to do, see clause8.3;
(c) If You have changed Your mind about the Goods, see clause 8.4.
8.3 Ending the Contract because of something We have done or are going to do. If You are ending a contract for a reason set out at (a) to (d) below the Contract will end immediately and We will refund You in full for any Good(s) which have not been provided and You may also be entitled to compensation. The reasons are:
(a) We have told You about an upcoming change to the Good(s) or these terms which You do not agree to;
(b) We have told You about an error in the price or description of the Good(s) You have ordered and You do not wish to proceed;
(c) there is a risk that supply of the Good(s) may be significantly delayed because of events outside Our control;
(d) You have a legal right to end the Contract because of something We have done wrong (including because We have delivered late).
8.4 Exercising Your right to change Your mind. You have a legal right to change Your mind within 14 days and receive a refund. You have 14 days after the day You (or someone You nominate) receives the Good(s) to cancel the Contract. Your notice needs to reach Us before the cancellation period expires.
9 How to end the Contract with Us (including if you have changed your mind)
9.1 Tell Us You want to end the Contract. To end the Contract with Us, please let Us know by doing one of the following:
(a) Email. Email Us at firstname.lastname@example.org. Please provide Your name, home address, details of the order and, where available, Your phone number and email address.
(b) Online. Complete the form in the Returns and Exchanges section in your Order History section of our Website.
(c) By post. Write to Us at that address, including details of what You bought, when You ordered or received it and Your name and address. You should keep proof of postage.
9.2 Returning Good(s) after ending the Contract. If You end the Contract for any reason after Good(s) have been dispatched to You or You have received them, You must return them to Us. You must post them back to us at Fezziwig’s Limited, 9 Percy Park Road, Tynemouth, North Shields, Tyne & Wear NE30 4LZ. Please email Us at email@example.com to inform us. If You are exercising Your right to change Your mind You must send off the Good(s) within 14 days of telling Us you wish to end the Contract. All goods must be returned using Royal Mail 48hr Tracked delivery. In line with clause 9.3, returns made at a greater cost will not be covered by us.
9.3 When We will pay the costs of return. We will pay the costs of return where the Good(s) have been bought in the UK and:
(a) if the Good(s) are faulty or misdescribed;
(b) if You are ending the Contract because We have told You of an upcoming change to the Good(s) or these terms, an error in pricing or description, a delay in delivery due to events outside Our control or because You have a legal right to do so as a result of something We have done wrong; or
(c) if You are exercising Your right to change Your mind.
In all other circumstances You must pay the costs of return.
9.4 How We will refund You. We will refund You the price You paid for the Good(s) excluding delivery costs, by the method You used for payment. However, We may make deductions from the price, as described below.
9.5 Deductions from refunds if You are exercising Your right to change Your mind. If You are exercising Your right to change Your mind:
(a) We may reduce Your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Good(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund You the price paid before We are able to inspect the Good(s) and later discover You have handled them in an unacceptable way, You must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of goods within 3-5 days at one cost but You choose to have the Good(s) delivered within 24 hours at a higher cost, then We will only refund what You would have paid for the cheaper delivery option.
9.6 When Your refund will be made. We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then, where your Good(s) have been purchased in the UK, Your refund will be made within 14 days from the day on which We receive the Good(s) back from You or, if earlier, the day on which You provide Us with evidence that You have sent the Good(s) back to Us. For information about how to return Good(s) to Us, see clause 9.2.
9.7 No such rights of cancellation (as set out in clause 8 above) applies if You are purchasing the Good(s) otherwise than as a consumer.
10 Ownership of and responsibility for Goods
10.1 All Goods ordered by You will remain Our property until We have delivered the Goods to the address stated in the Order Form in accordance with Clause 5.4.
10.2 Good(s) will become Your responsibility from the time that We deliver the Goods to the address You gave to Us.
11 Our Liability to You
11.1 These Terms and Conditions do not exclude or limit Our liability (if any) for:
(a) death or personal injury caused by Our negligence;
(c) fraudulent misrepresentation; or
(d) any matter which it would be illegal for Us to exclude or attempt to exclude Our liability.
11.2 We are only liable to You for losses which You suffer as a direct result of Our breach of these Terms and Conditions and which are reasonably foreseeable. We are not liable for any other losses.
11.3 We are not responsible to You for any business losses that You may incur, including but not limited to lost profits, lost revenues, business interruption or lost data.
11.4 You may have other rights granted by law and these Terms and Conditions do not affect these.
11.5 Whilst We will make every effort to fulfil orders, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought or any other causes beyond Our control. We have no responsibility for a failure to comply with these Terms and Conditions if that arises to a reason beyond Our control.
12 Personal Data About You
13 Gift-Wrap and Gift Messages
13.1 In some circumstances we may offer a free gift wrap and message option when You buy Goods on the Website. If You use the gift message option, You acknowledge and agree that You are responsible for Your gift message and We accept no liability for any messages You submit via the gift message option.
13.2 We reserve the right to reject Your message if it contains offence language or is defamatory in nature.
14 Alternative Dispute Resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how We have handled any complaint, You may want to contact an alternative dispute resolution provider In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
15.1 In purchasing Good(s), You represent and agree that You are buying the Goods solely for Your personal use, and not for resale or commercial distribution. We reserve the right to cancel the Contract if We have reason to believe that You are not buying the Goods solely for Your personal use.
15.2 All Contracts will be governed by English law.
15.3 Any court proceedings must be taken at a court within England and Wales.
15.4 We acknowledge that local mandatory laws may apply to the sale of the Goods to You if the sale does not take place in England or Wales. We will at all times comply with any local mandatory laws and if there is an inconsistency between the local mandatory laws which apply to Our and Your Contract and the provisions of these Terms and Conditions, then the applicable local mandatory laws will prevail.
15.5 You may not transfer any of Your rights under the Contract to any other person.
15.6 We may transfer any of Our rights under the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
15.7 Only You and Us have any rights under the Contract. No other person shall have any rights under the Contract.
15.8 We may amend these Terms and Conditions from time to time. In these circumstances, We will post the new Terms and Conditions on the Website. You should not complete any further Order Forms if You do not accept any revisions We make to these Terms and Conditions. A copy of Our latest version of the Terms and Conditions can always be found on the Website or will be available on request from Us.
15.9 You may not use Our (or members of Our group’s) trade marks or intellectual property without Our prior written consent.
15.10 If You are a consumer then nothing in these Terms and Conditions will affect Your statutory rights.