McChrystal’s (Leicester) Limited – Terms and Conditions of Supply
1. INFORMATION ABOUT US
1.1. We are McChrystal’s (Leicester) Limited, we also trade under the name “McChrystal’s”. We are a company registered in England and Wales under company number 00532108. We operate the website http://www.mcchrystals.co.uk (our “Site”). Our registered office is at 26 Morris Road, Off Oakland Road, Leicester, LE2 6BR. Our VAT number is 113 8958 54.
1.2. To contact us, please use one of the following methods:
1.2.1. contact us in writing by sending an email to firstname.lastname@example.org;
1.2.2. send a letter to us at 26 Morris Road, Off Oakland Road, Leicester, LE2 6BR, England; or
1.2.3. call our Customer Services telephone line on 0116 270 7230.
2. INFORMATION ABOUT OUR TERMS
2.2. These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
2.3. These Terms, and any Contract between us, are only in the English language.
2.4. We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
2.5. These Terms were most recently updated in March 2013.
2.6. References in these Terms to someone acting as a “consumer” mean someone acting outside the course of their business.
3. OUR PRODUCTS
3.1. The images of the Products on our Site and in our marketing materials 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.
3.2. Although we have made every effort to be as accurate as possible all sizes, weights, capacities, dimensions and measurements indicated on our Site and in our marketing materials have a 10% tolerance. You will not be entitled to reject the Products you receive if they are within this tolerance.
4. USE OF OUR SITE
Your use of our Site is governed by our Terms of Website use and Website Acceptable Use Policy; both are shown on our Site. Please take the time to read these, as they include important terms which apply to you.
5. HOW WE USE YOUR PERSONAL INFORMATION
6. IF YOU ARE A CONSUMER
This Clause 6 only applies if you are a consumer.
6.1. Certain Products we sell can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products from us. You may, in any case, only purchase Products from us if you are at least 18 years old.
6.2. 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 Terms will affect these legal rights.
7. IF YOU ARE A BUSINESS CUSTOMER
This Clause 7 only applies if you are a business.
7.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products.
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1. Orders may be placed online, in writing or by telephone.
8.2. Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
8.3. After you place an order online you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 8.4 below.
8.4. Your order will be considered to be accepted when we either:
8.4.1. send you an e-mail confirming that the Products have been dispatched (“Dispatch Confirmation”); or
8.4.2. put aside Products which are to be delivered to you.
The Contract between us will be formed on the earlier of these two events.
8.5. If we are unable to supply you with a Product, because, for example, that Product is not in stock or no longer available or because of an error in the price on our Site as referred to in Clause 12.5 (Price of Products and Delivery Charges), we will inform you of this by phone or e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This Clause 9 only applies if you are a consumer.
9.1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in Clause 9.3 below. This means that during the relevant period if you change your mind or for any other 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 is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2. Please note the cancellation right referred to in Clause 9.1 above does not apply in the case of certain Products, including, for example, Products made to your specification or which are clearly personalised.
9.3. You have a limited window of time in which to cancel a Contract under the regulations, this period ends 7 (seven) “working days” after the day you receive the Products. The phrase “Working days” means that Saturdays, Sundays or public holidays are not included in this period.
9.4. To cancel a Contract you must contact us using one of the methods described in Clause 1.2 (Information about us). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
9.5. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in Clause 9.4 above. If you returned the Products to us because they were faulty or mis-described, please see Clause 9.6 below.
9.6. If you have returned the Products to us under this Clause 9 because they are faulty or mis-described, we will refund the price of the defective Product in full along with any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.7. We will typically refund you on the credit card or debit card used by you to pay.
9.8. If the Products were delivered to you:
9.8.1. you must return the Products to us as soon as reasonably practicable;
9.8.2. unless the Products are faulty or not as described (in which case, see Clause 9.6 above), you will be responsible for the cost of returning the Products to us; and
9.8.3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this Clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1. We will aim to dispatch all internet orders within 3 working days. You will receive a dispatch confirmation once your goods have left the factory. We will try to deliver all other orders by the estimated delivery date; however, time of delivery is not of the essence. If we are unable to meet the estimated delivery date (because, for example, of an Event Outside Our Control), we will contact you with a revised estimated delivery date.
10.2. Delivery will be completed when we deliver the Products to the delivery address you provide to us when placing your order.
10.3. We will not be liable for any delay in the delivery of the Products that is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
10.4. The Products will be your responsibility and at your risk from the completion of delivery.
10.5. You own the Products once we have received payment in full for the Products and any other products which we have provided you for which payment is due, including all applicable delivery charges.
10.6. We may deliver the Products in separate instalments, which may be invoiced separately. Each such instalment shall constitute a separate Contract. A delay in delivery or defect in one such instalment shall not entitle you to cancel any other instalment.
Clauses 10.7 to 10.13 below only applies if you are a business customer.
10.7. Until the point that we have received payment in full for the Products (and any other products which we have provided to you) you will:
10.7.1. hold such Products on a fiduciary basis as our bailee;
10.7.2. store such Products separately from all other goods which you hold so that they remain readily identifiable as our property;
10.7.3. not remove, deface or obscure any identifying mark or packaging on or relating to such Products; and
10.7.4. maintain such Products in satisfactory condition and keep them insured on our behalf for their full price against all risks with an insurer that is reasonably acceptable to us. You will, on request, allow us to inspect such Products and any relevant insurance policy.
10.8. Subject to Clause 10.7 above, you may resell or use the Products in the ordinary course of your business.
10.9. If before title to the Products passes to you then, provided that such Products have not been resold and without limiting any other right or remedy we may have, we may at any time require you to deliver up such Products and, if you fail to do so promptly, enter any of your premises or the premises of any third party where the relevant Products are stored in order to recover them.
10.10. Complaints of non-delivery must be sent to us, in writing, within 10 days of the intended delivery date or, if later, the date of any relevant invoice.
10.11. Complaints regarding loss, damage or pilferage must be sent to us, in writing, within 3 days of delivery.
10.12. Please note that failure to contact us within the time periods set out within Clauses 10.10 and 10.11 above may lead to your claims being rejected.
10.13. If you have not accepted delivery of the Products within 10 days of the day on which we notified you that they were ready for delivery then we may resell or otherwise dispose of part or all of the Products and charge you for any wasted storage or delivery charges we have incurred in relation to those Products.
11. INTERNATIONAL DELIVERY
11.1. If you order Products from us for delivery anywhere outside the United Kingdom:
11.1.1. your order may be subject to import duties and taxes which are applied when the delivery reaches that destination; and
11.1.2. you will be responsible for payment of any such import duties and taxes.
Please contact your local customs office for further information before placing your order. We have no control over these charges and we cannot predict their amount.
11.2. You are responsible for obtaining, at your own cost, such import licences and other consents in relation to the Products as are required from time to time and, if we require, you shall make those licences and consents available to us prior to the relevant shipment.
11.3. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable to you or responsible if:
11.3.1. you break any such laws and regulations; or
11.3.2. the Products are seized by customs or otherwise are not delivered to you due to a breach of any such laws and regulations. We will, in particular, not be required to provide a refund or replacement for any such Products.
12 PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1. The prices of the Products will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see Clause 12.5 below for what happens if we discover an error in the price of Product(s) you ordered.
12.2. Prices for our Products may change from time to time, but changes will not affect any order which we have already accepted from you.
12.3. The prices of our Products are shown both including and excluding VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Site from time to time.
12.5. Our Site and marketing materials contain a large number of Products. It is always possible that, despite our efforts, some of the Products may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that if the Product's correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price 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.
13. HOW TO PAY
13.1. Unless we otherwise expressly agree with you, you can only pay for Products by bank transfer or by using a debit card or credit card. The cards which we accept are listed as part of our order process.
13.2. If you are a consumer, payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
Clauses 13.3 to 13.7 below only applies if you are a business customer.
13.3. We shall be entitled to invoice you for each order on or at any time after delivery.
13.4. You shall pay invoices in full and in cleared funds by the 14th day of the month following the month in which the order is placed.
13.5. If you fail to make any payment due to us by the due date for payment (the “due date”), then, without limiting our remedies under these terms, you shall pay interest and any relevant late payment charges due on the overdue amount under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended). Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You will pay the interest together with the overdue amount. This Clause 13.5 shall not apply to payments that you dispute in good faith.
13.6. If you dispute any invoice or other statement of monies due, you shall immediately notify us in writing. We shall then negotiate in good faith to attempt to resolve the dispute promptly. We shall provide all such evidence as may be reasonably necessary to verify the disputed invoice or request for payment.
13.7. Neither of us may, without the written agreement of the other, “set off” any amounts owed to us by the other in relation to an order against any amounts payable by it to the other party.
14. OUR LIABILITY IF YOU ARE A BUSINESS
This Clause 14 only applies if you are a business customer.
14.1. Nothing in these Terms limit or exclude our liability for:
14.1.1. death or personal injury caused by our negligence;
14.1.2. fraud or fraudulent misrepresentation;
14.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.1.4. defective products under the Consumer Protection Act 1987.
14.2. Subject to Clause 14.1 above, we will under no circumstances 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:
14.2.1. any loss of profits, sales, business, or revenue;
14.2.2. loss or corruption of data, information or software;
14.2.3. loss of business opportunity;
14.2.4. loss of anticipated savings;
14.2.5. loss of goodwill; or
14.2.6. any indirect or consequential loss.
14.3. Subject to Clauses 14.1 and 14.2 above, 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 circumstances exceed 100% of the price of the Products.
14.4. Except as expressly stated in these Terms, 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.
15. OUR LIABILITY IF YOU ARE A CONSUMER
This Clause 15 only applies if you are a consumer.
15.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms 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.
15.2. We only supply the Products to you 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.
15.3. We do not in any way exclude or limit our liability for:
15.3.1. death or personal injury caused by our negligence;
15.3.2. fraud or fraudulent misrepresentation;
15.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
15.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
15.3.5. defective products under the Consumer Protection Act 1987.
16. EVENTS OUTSIDE OUR CONTROL
16.1. 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 16.2 below.
16.2. 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 the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.3.1. we will contact you as soon as reasonably possible to notify you; and
16.3.2. 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.
17. INTELLECTUAL PROPERTY RIGHTS
17.1. For the purposes of this Clause 17 “Intellectual Property Rights” means “all copyright, database rights, topography rights, design rights, trade marks, trade names, utility models, patents, domain names and any other intellectual property rights of a similar nature (whether or not registered) subsisting anywhere in the world in or associated with the Products.”
17.2. You acknowledge that:
17.2.1. the Intellectual Property Rights are our (or our licensor's) property;
17.2.2. nothing in these Terms shall be construed as conferring you any licence or granting you any rights in relation to the Intellectual Property Rights. We assert our full rights to control the use of its trade marks within the EEA or elsewhere in the world; and
17.2.3. any reputation in any trade marks affixed or applied to the Products shall accrue to our sole benefit (or any other owner of the trade marks from time to time).
17.3. You will not repackage the Products and/or remove any copyright notices, warnings, confidential or proprietary legends or identification from the Products without our prior written consent.
17.4. You will not use or seek to register any trade mark or trade name (including any company name) which is identical to, confusingly similar to or incorporates any trade mark or trade name which we own or claims rights to in anywhere in the world.
18. COMMUNICATIONS BETWEEN US
18.1. When we refer, in these Terms, to "in writing", this will include e-mail.
18.2. To contact us, please use one of the methods described in Clause 1.2 (Information about us).
18.3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this Clause 18 shall not apply to the service of any proceedings or other documents in any legal action.
19. OTHER IMPORTANT TERMS
19.1. 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 Terms.
19.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4. Each of the paragraphs of these Terms 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.
19.5. If we fail to insist that you perform any of your obligations under these Terms, 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.
19.6. Except as set out in these Terms, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed on our behalf by an authorised person.
19.7. These Terms are governed by English law. This means a Contract for the purchase of Products 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 English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction over any such matters. However, if you are a consumer and resident in the EU, you may also bring proceedings in your respective place of residence.
19.8. Please note we will not file a printed copy of the Contract between us.