Devaney & Co Limited – Terms and Conditions for the Sale of Goods to Consumers
1. THESE TERMS
1.1: What these terms cover. These are the terms and conditions on which we supply products to you.
1.2: Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1: Who we are. We are Devaney & Co Limited a company registered in England and Wales. Our company registration number is 13167748 and our registered office is at Hargreaves Court, Dyson Way, Staffordshire Technology Park ST18 0WN Stafford, United Kingdom. Our registered VAT number is GB 3861 36085.
2.2: How to contact us. You can contact us by writing to us at firstname.lastname@example.org and 1 Hargreaves Court, Dyson Way, Staffordshire Technology Park, Stafford ST18 0WN.
2.3: How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4: “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1: How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2: If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3: Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4: We only sell to the UK and the Republic of Ireland. Our website is solely for the promotion of our products in the UK and the Republic of Ireland. Unfortunately, we do not accept orders from or deliver to addresses outside the UK and the Republic of Ireland.
4. OUR PRODUCTS
4.1: Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2: Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (See Clause 7 – Your Rights to End the Contract).
6. PROVIDING THE PRODUCTS
6.1: Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2: When we will provide the products. We will deliver them to you as soon as reasonably possible and aim to deliver UK orders, within 3 to 5 working days after the day on which we accept your order. Your products will be delivered by DPD for deliveries in the UK and DHL for deliveries to the Republic of Ireland. Our delivery company will contact you and advise you of the delivery time and date. If the delivery time and date given to you is not suitable, you can schedule an alternative delivery slot.
6.3: We are not responsible for delays outside our control. If our supply of a product is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product you have paid for but not received.
6.4: If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
6.5: If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.2 will apply.
6.6: When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.
6.7: When you own products. You own a product once we have received payment in full.
7. YOUR RIGHTS TO END THE CONTRACT
7.1: You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3 If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
7.2: 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 clause 7.2.1 to 7.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.3 you have a legal right to end the contract because of something we have done wrong.
7.3: Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4: How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1: Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2: Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must allow our chosen collection company to collect them from you. Please email us at firstname.lastname@example.org for a Returns Authorisation Number and to arrange collection. Please do not post the products back to us.
8.3: When we will pay the costs of collection. We will pay the costs of our chosen collection company collecting the products from you:
8.3.1 if the products are faulty or misdescribed;
8.3.2 if you are ending the contract because we have told you of an upcoming change to 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of our chosen collection company collecting the products from you.
8.4: What we charge for collection. If you are responsible for the costs of our chosen collection company collecting the products from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see our Shipping & Returns page.
8.5: How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6: Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
8.6.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, 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 products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6.2 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 a product within 3-5 days at one cost but you chose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7: 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 your refund will be made within 14 days from the day on which we receive the product back from you via our chosen collection company. For information about how a product is collected and returned to us, see clause 8.2.
9. OUR RIGHTS TO END THE CONTRACT
9.1: We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
9.1.2 you do not, within a reasonable time, allow us to deliver the products to you.
9.2: You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1: How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at 1, Hargreaves Court, Dyson Way, Staffordshire Technology Park, Stafford ST18 0WN or email us at email@example.com.
10.2: Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
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 the 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:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) 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 clause 7.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
10.3: Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please email us at firstname.lastname@example.org for a Return Authorisation Number and to arrange collection.
11. PRICE AND PAYMENT
11.1: Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2: We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3: What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
11.4: When you must pay and how you must pay. We accept payment with Visa debit, Visa credit, Mastercard debit, Mastercard credit, Diners Club International credit, JCB, American Express, UK Maestro debit, and Visa Electron debit. You must pay for the products at the time of order. We will not charge your credit or debit card until we dispatch the products to you.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1: We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2; and for defective products under the Consumer Protection Act 1987.
12.3: We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1: You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.2: Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.3: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4: Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5: Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.