TERMS AND CONDITIONS
1 - These Terms
1.1 - These are the terms and conditions on which we supply goods 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 goods 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.
1.3 - Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.3.1 - you are an individual; and
1.3.2 - you are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 - If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase of goods. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2 - Information About Us and How to Contact Us
2.1 - We are Ironmongery & More a company registered in England and Wales. Our company registration number is 12639398 and our registered office is at Gateley, One Eleven, Edmund Street, Birmingham, England, B3 2HJ. Our registered VAT number is 356 6792 52
2.2 - You can contact us by email at email@example.com or by post to the address above.
2.3 - 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 - When we use the words "writing" or "written" in these terms, this includes emails.
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 and will not charge you for the goods. This might be because the goods are out of stock or because we have identified an error in the price or description of the goods.
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 - Sales outside the UK. Our website is solely for the promotion of our goods in the UK. However, we may at our discretion accept offline orders from addresses outside the UK from time to time subject to our offline supply of goods terms and conditions. If you are based outside the UK and would like to place an order, please submit an enquiry via our website here and we will get in touch with you. You accept that if we accept your order and you are based outside the UK, our contract with you will be subject to our offline supply of goods terms and conditions and you are responsible for your own compliance with all applicable regulations and legislation including obtaining all necessary customs, import and other permits required to purchase goods from us.
4 - The Goods
The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the goods accurately in those images, we cannot guarantee a completely accurate representation e.g. a device's display of the colours may not accurately reflect the colour of the goods. We may also use images which are a fair representation of the goods but which do not represent the precise finish of the goods or function you have ordered. You should pay particular attention to the title description and main product description for the goods.
5 - Your Rights to Make Changes
If you wish to make a change to the goods 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 resulting changes to the price of the goods, 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.
6 - Our Rights to Make Changes
We may change the goods:
6.1.1 - to reflect changes in relevant laws and regulatory requirements; and
6.1.2 - to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
7 - Providing the Goods
7.1 - Delivery costs. The costs of delivery will be as displayed to you on our website here and confirmed during the order process. The delivery costs will be dependent upon the delivery service you select during the order process. All items must be signed for as proof of delivery. Our carrier will deliver the goods to the address given in your order so please ensure that the delivery address given is accurate.
7.2 - When we will provide the goods. During the order process, we will let you know when we will provide the goods to you. Our standard delivery time is 48 hours. If our website confirms that the item you have ordered is in stock and available for next day delivery, provided that your order for that item is accepted by us before 3:00 pm on Monday to Thursday, we will aim to deliver that item to you the next working day but we cannot always guarantee next day delivery. We can never offer next day delivery when the delivery location is in Northern Ireland, the Highlands and Islands or the Channel Islands.
7.3 - All deliveries will be made by our carriers between the hours of 8:00 am – 6:00 pm Monday to Friday unless a specific delivery time slot has been agreed with you. We do not deliver on weekends.
7.4 - We are not responsible for delays outside our control. If our supply of the goods 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 or if we have to withdraw supply of the goods you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.5 - If you are not at home when the goods are delivered. If no one is available at your address to take delivery of the goods and they cannot be posted through your letterbox, our carrier will leave you a note informing you of how to re-arrange delivery.
7.6 - If you do not re-arrange delivery. If, after a failed delivery, you do not re-arrange delivery with the carrier 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 10.1 will apply.
7.7 - When you become responsible for the goods. The goods will be your responsibility from the time they are delivered by our carrier to the address you gave us.
7.8 - When you own goods. You own the goods once we have received payment in full.
8 - Your Rights to End the Contract
8.1 - To end the contract with us, please let us know and provide us with your order number. You can contact us by writing to us by email to firstname.lastname@example.org
8.2 - Ending the contract where we are not at fault and there is no right to change your mind. A contract for goods is completed when the goods are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract and we will also charge a £45.00 carriage fee which will be deducted from the refund amount if we have already dispatched the goods by the time you contact us to confirm that you wish to end the contract.
8.3 - If you end the contract for any reason after goods have been dispatched to you or you have received them, you must allow us to collect them from you and (subject to clause 9.4) we will charge a £14.95 carriage fee which will be deducted from any refund amount.
8.4 - 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 8.4.1 to 8.4.4 (below), the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
8.4.1 - we have told you about an upcoming change to the goods or these terms which you do not agree to;
8.4.2 - we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
8.4.3 - there is a risk that supply of the goods may be significantly delayed because of events outside our control;
8.4.4 - you have a legal right to end the contract because of something we have done wrong.
8.5 - Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund. However, we offer a No Quibble Returns Policy which is more generous than the statutory cancellation right outlined above and contained in the Consumer Contracts Regulations 2013. Further details of our No Quibble Returns Policy can be found at clause 9 (below). Nonetheless, as a consumer, you have statutory rights in relation the goods and those rights are not affected by our No Quibble Returns Policy.
9 - No Quibbles Returns Policy
9.1 - If you are unhappy with the goods you have purchased, simply allow us to collect them from you within 30 days* of receipt and we will either replace them, allow you to exchange them or provide you with a refund. Please email us at email@example.com to arrange collection and provide us with your order number.
9.2 - *The 30 day period. You have 30 days after the day you (or someone you nominate) receives the goods to change your mind, unless your goods are split into several deliveries over different days. In this case, you have until 30 days after the day you (or someone you nominate) receives the last delivery.
9.3 - The No Quibbles Return Policy outlined at clause 9.1 does not apply in respect of any goods which become mixed inseparably with other items after their delivery.
9.4 - When we will bear costs of return. We will bear the costs of return:
9.4.1 - if we agree the goods are faulty or mis-described;
9.4.2 - if you are a consumer and the goods are not in conformity with this contract pursuant to clause 11; or
9.4.3 - if you are ending the contract because we have told you of an upcoming change to the goods 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,
in all other cases, you must pay a £14.95 carriage fee which will be deducted from the refund amount.
9.5 - How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods (subject to any deductions made pursuant to these terms) by the method you used for payment. We will make refunds due to you within 14 days of the day on which we collect the goods from you.
9.6 - When we may make deduction from refunds. We may reduce your refund 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. 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.
9.7 - All returned or exchanged items must be in a re-saleable condition i.e. undamaged, unused, in their original and undamaged packaging. This is unless the item you received is faulty.
10 - Our Rights to End the Contract
10.1 - We may end the contract if you break it. We may end the contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver the goods to you. If we end the contract for this reason, we will refund any money you have paid in advance for goods 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.
11 - Your Rights in Respect of Defective Goods If You Are a Consumer
If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. If you wish to exercise your legal rights to reject goods because they are not in conformity with this contract, you must allow us to collect them from you but we will bear the costs of collection. Please email us at firstname.lastname@example.org to arrange collection.
12 - Your Rights in Respect of Defective Goods If You Are a Business
12.1 - You acknowledge that we do not manufacture the goods. If the manufacturer of the goods has given a warranty or guarantee to us in respect of the goods, we will use all reasonable endeavours to transfer the benefit of any such warranty or guarantee to you.
12.2 - All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
13 - Price and Payment
13.1 - Where to find the price for the goods. The price of the goods will be the price indicated on the order pages when you placed your order. Our website will indicate whether VAT is included or excluded in the price shown. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the goods you order.
13.2 - 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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
13.3 - What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the goods at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the goods at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.4 - When you must pay and how you must pay. We accept payment by credit card, debit card and PayPal. You must pay for the goods at the time you place your order on our website and before we dispatch them. We will charge your credit or debit card (or other selected payment method) when we accept your order.
13.4 - Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14 - Promotional Codes, Offers And Discounts
14.1 - On occasion, we offer our customers certain promotional codes, offers and discounts, details of which can be found on our website. Any applicable promotional codes, offers or discounts available to you at the time you make your booking will be shown on our website.
14.2 - Promotional codes cannot be used in conjunction with any other offers and promotional codes may not be applied to purchases of some of our products (though we will make this clear on our website).
14.3 - We reserve the right to amend or withdraw any of our promotional codes, offers and discounts at any time at our discretion.
14.4 - If we consider or suspect that you have utilised any of our promotional codes incorrectly or in circumstances whereby they should not have been utilised, we reserve our right to cancel your order without notice or liability to you save that we will refund any monies you have paid for goods but not received.
15 - Our Responsibility for Loss or Damage Suffered By You If You Are a Consumer
15.1 - 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.
15.2 - 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 goods including the right to receive goods 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, and for defective goods under the Consumer Protection Act 1987.
15.3 - We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16 - Our Responsibility for Loss or Damage Suffered By You If You Are a Business
16.1 - Nothing in these terms will limit or exclude our liability for:
16.1.1 - death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
16.1.2 - fraud or fraudulent misrepresentation;
16.1.3 - breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
16.1.4 - any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 - Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 - Subject to clause 16.1:
16.3.1 - we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
16.3.2 - our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total sums paid by you for goods under such contract.
17 - How We May Use Your Personal Information
18 - Other Important Terms
18.1 - We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
18.2 - 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.
18.3 - Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person will have any rights to enforce any of its terms.
18.4 - 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.
18.5 - 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.
18.6 - Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
18.7 - Alternative dispute resolution if you are a consumer. 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 a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
18.8 - Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.