RICHARD WILLIAMS (DEGANWY) LTD:
Online consumer goods terms and conditions
1. These terms 1
2. Information about us and how to contact us 1
3. Our contract with you 1
4. Our products 2
5. Your rights to make changes 2
6. Our rights to make changes 2
7. Providing the products 3
8. Your rights to end the contract 6
9. How to end the contract with us (including if you have changed your mind) 9
10. Our rights to end the contract 11
11. If there is a problem with the product 11
12. Price and payment 13
13. Our responsibility for loss or damage suffered by you 14
14. How we may use your personal information 15
15. Other important terms 15
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you.
1.2 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 or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Richard Williams (Deganwy) Ltd a company registered in England and Wales. Our company registration number is 00343107 and our registered office address is Bron Heulog, Conway Road Llandudno Junction, Conwy, LL31 9DX.
2.1 You can contact us by telephoning our customer service team at 01492 583423 or by writing to us at email@example.com or Richard Williams (Deganwy) Ltd, Bron Heulog, Conway Road Llandudno Junction, Conwy, LL31 9DX or Park Road Ruthin Denbighshire LL15 1NF.
2.2 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.
2.3 When we use the words "writing" or "written" in these terms, this includes emails.
2.4 When we use the words "you" this can be referring to you as an individual or a company, partnership or LLP.
3. OUR CONTRACT WITH YOU
3.1 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 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 a credit reference we have obtained for you does not meet our minimum requirements, 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. Please note this is not an exhaustive list.
3.3 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 Our website is solely for the promotion of our products in UK. Unfortunately, we do not accept orders from or deliver to addresses outside UK.
4. OUR PRODUCTS
4.1 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. Although we have made every effort to be as accurate as possible, because our products are all sizes, weights, capacities, dimensions and measurements indicated on our website are for illustrative purposes only.
4.2 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 in writing and ask you to confirm whether you wish to go ahead with the change in writing. 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 8- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
6.2 In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received
6.3 We may update the digital content on the website however you will be provided with the Product which was described on the website at the time of your order unless we contact you otherwise.
7. PROVIDING THE PRODUCTS
7.1 The costs of delivery will be as displayed to you on our website.
7.2 During the order process we will let you know when we will provide the products to you. We will deliver the Products you have ordered as soon as reasonably possible. In any event we will, within 30 days after the day on which we accept your order, contact you with an estimated delivery date
7.3 If our supply of the products 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 of over 45 days from the estimated delivery date you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of Monday - Friday 7.30am - 5.00pm and Saturday 8.00am -12.00pm except bank holidays and Christmas holiday period.
7.5 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 collect the products from a local depot alternatively you may contact us for a redelivery, the cost of which you will bear.
7.6 If you do not collect the products from us as arranged, or, if after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, 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 or collection we may end the contract and clause 10.2 will apply.
7.7 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances) and you was told us in writing to which we confirmed that we were happy to provide you with the goods on this basis, this is at our discretion.
7.8 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.9 If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered and you will receive a full refund.
7.10 A product will be your responsibility from the time we deliver the product to the address you gave us or you, or a person on your behalf, collect it from us. We shall have no liability whatsoever for any death or injury to any person, or damage to property, caused by the incorrect installation or operation of the goods, or your failure to ensure it is in a safe condition and is fit for purpose. The sole extent of our liability in respect of the product shall be for the death or injury to any person, or any damage to property caused by any negligent act or omission by us.
7.11 You own the product ordered once we have received payment in full.
7.12 We may need certain information from you so that we can supply the products to you. If so, we will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13 We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.14 If we suspend the supply of products we will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we may adjust the price at our discretion. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.15 If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days, or otherwise agreed in writing, of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 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:
(a) 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 a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. 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 goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6
8.2 If you are ending a contract for a reason set out at (a) to (e) 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:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.7).
8.3 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.
8.4 You do not have a right to change your mind in respect of:
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) any products which become mixed inseparably with other items after their delivery.
8.5 How long you have depends on what you have ordered and how it is delivered.
(a) If you have purchased goods you have 7 days after the day you (or someone you nominate) receive the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 7 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.6 Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 To end the contract with us, please let us know by calling or emailing us. Call customer services on 01492 583423 or 01824 702475 for the Ruthin branch or email us at firstname.lastname@example.org or email@example.com please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us Richard Williams (Deganwy) Ltd, Bron Heulog, Conway Road Llandudno Junction, Conwy, LL31 9DX or Park Road Ruthin Denbighshire LL15 1NF (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01492 583423 or 01824 702475 for the Ruthin branch or email us at firstname.lastname@example.org or email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product 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
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 If you are responsible for the costs of return and we are collecting the product 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 [LINK TO CHARGES]].
9.5 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.
9.6 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 goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page INSERT HYPERLINK for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods 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 a product within [3-5] days at one cost but you choose 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.
9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see our Returns page INSERT HYPERLINK
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided. We may write to you to let you know that we are going to stop providing the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01492 583423 or 01824 702475 for the Ruthin branch or write to us at firstname.lastname@example.org or email@example.com or Richard Williams (Deganwy) Ltd, Bron Heulog, Conway Road Llandudno Junction, Conwy, LL31 9DX or Park Road Ruthin Denbighshire LL15 1NF. Alternatively, please speak to one of our staff in-store.
11.2 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.
If your product is goods, for example [furniture or a laptop], 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 (Consumer Contracts Regulations 2013).
11.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01492 583423 or 01824 702475 for the Ruthin branch or email us at firstname.lastname@example.org or email@example.com a return label or to arrange collection.
12. PRICE AND PAYMENT
12.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 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.
12.3 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.
12.4 We accept payment by Visa, American Express Mastercard, Maestro, Union card and Paypal, please contact us before proceeding to payment if you are using any form of European payments. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
12.5 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays from time to time. This 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 must pay us interest together with any overdue amount.
12.6 If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our 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.
13.2 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 11.2) including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing and it completely at our discretion.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms except if clause 15.2 applies. 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.
15.4 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.
15.5 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.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
15.7 The agreement constitutes the complete and exclusive statement of agreement and understanding between you and us which supersedes and excludes any prior or contemporaneous proposals, understandings, agreements, or representations whether oral or written, with respect to the subject matter hereof.
15.8 You acknowledge and agree that no representations were made prior to the entering of this agreement and that, in entering into this, it does not rely on, and shall have no remedy in respect of, any statement, representation warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out or referred to in this agreement.
16. ALTERNATIVE DISPUTE RESOLUTION
16.1 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 the alternative dispute resolution provider we use. You can submit a complaint to Mark Belford at ADR Group via their website at http://www.adrgroup.co.uk/ or email firstname.lastname@example.org In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.]
16.2 If any dispute arises in connection with this agreement, the parties agree to enter into mediation to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. To initiate the mediation a party must give notice in writing (ADR notice) to the other party] to the dispute referring the dispute to mediation. A copy of the referral should be sent to CEDR.
16.3 The mediation will start not later than 28 days after the date of the ADR notice. The outcome of the mediation shall be legally binding.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Richard Williams (Deganwy) Ltd, *[Bron Heulog, Conway Road Llandudno Junction, Conwy, LL31 9DX, tel 01492 583423 or email email@example.com] or . *[Park Road Ruthin Denbighshire LL15 1NF], tel 01824 702475 or email firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of customer(s),
Address of customer(s),
Signature of customer(s) (only if this form is notified on paper),