It is important that you read the terms and conditions on this page (the "Purchase Terms and Conditions") and understand them. They apply to all orders you place for purchases to be made on our websites (the "Sites", our "Site") and form the basis of all contracts made between you and us as a result of those orders.
During the process of placing your order, you will also be asked to confirm that you accept the Purchase Terms and Conditions. By placing an order on our Site, you agree to be bound by these Purchase Terms and Conditions and you also agree that they will form the basis of the contract for any purchases you make from our Site. If you do not wish to accept the Purchase Terms and Conditions or if you are unsure as to the meaning of any part of them, then please do not place any orders on the Sites.
We may occasionally update these Purchase Terms and Conditions, for example to comply with changes in the law or to take account of new ordering processes, goods or services that we may offer. You should read the latest version of the Purchase Terms and Conditions on the Sites whenever you place an order, in order to ensure you are happy with the current Purchase Terms and Conditions at the time you place your order. These Purchase Terms and Conditions were last updated in July 2019.
We advise you to keep a copy of these Purchase Terms and Conditions and your order details for your future reference. We have tried to make these Purchase Terms and Conditions "printer friendly" and recommend that you print them from our website when placing your order.
Please note that your use of our Sites generally are subject to the following documents:
- Our cookies policy, which can be found here, sets out how cookies, web beacons and similar technologies are used by us as you use our Sites.
WHO CAN PURCHASE FROM US?
You do not need to register on the website in order to place an order, our Sites allow you to make orders using a guest account.
PURCHASES WITHIN EURO 4
OUR PRODUCTS AND PRODUCT DESCRIPTIONS
Please note the following in relation to the product information provided on the Sites:
•We cannot guarantee that your computer's display will accurately reflect the colour of the products you order and, therefore, those products may vary slightly in colour from the images on the Site.
The prices indicated on our Sites include all taxes including VAT, which may be payable in respect of the goods ordered, unless otherwise stated.
However, if you have ordered goods for delivery outside of the UK, you may be liable to pay import duties or other taxes, and VAT applicable in your own country. You are responsible for paying those charges and we would recommend that you contact your local customs office for further information.
Prices exclude delivery costs, which will be automatically added to the total amount due once you reach the checkout.
All payments must be made at the time of placing the order using the payment facilities on the Site. We accept payment by all major debit and credit cards.
Orders received after 14:00hrs will be processed on the next working day.
It is your responsibility to ensure that the payment details you provide are correct and complete. We do not have to supply goods to you if the details you submit when making your order are incorrect or incomplete, and we are unable to take payment as a result.
No payment will be treated as made until we have received it in cleared funds, and we will not dispatch the goods until we receive payment in full.
If we are unable to accept your order for any reason, then we will refund any money paid by you in respect of that order. If we have not yet taken payment from your debit/credit card, then we will not do so.
OWNERSHIP OF GOODS
You own the goods once we have received payment in full for them and they have been delivered to you.
OUR LIABILITY TO YOU
For further information about your legal rights and how they may be affected by these Purchase Terms and Conditions, including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau or visit the Trading Standards website at www.tradingstandards.gov.uk.
Subject to the caveat at the end of this section, we are only liable to you for losses which you suffer as a foreseeable result of us breaching these Purchase Terms and Conditions, or our negligence. A loss is foreseeable if it was an obvious consequence of us breaching these Purchase Terms and Conditions, or if you and we contemplated those losses at the time the contract between you and us was formed. We are not liable to you for any losses which were not foreseeable.
We are not liable to you for losses which you suffer due to any event beyond our reasonable control. If such an event takes place that affects the performance of our obligations under a contract with you:
- we will let you know as soon as we reasonably can; and
- our obligations will be suspended, and the time in which we have to perform those obligations will be extended for the duration of the relevant event. If the event affects our ability to deliver goods to you, we will arrange a new delivery date with you once the event is over.
We will not be liable to you for any business losses that you may incur, including but not limited to lost profits, loss of business, loss of business opportunity or business interruption.
However, nothing in these Purchase Terms and Conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraud or fraudulent misrepresentation;
- for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- under Part I of the Consumer Protection Act 1987; or for any other liability that may not be limited or excluded under applicable law
- LEGAL COMMENT: add the following bullet ‘under the Consumer Rights act 2015’
We may not necessarily keep a copy of these Purchase Terms and Conditions with your order. We advise you to print a copy of them so you can refer to them in the future.
All communications between us will be made and conducted in the English language, except in Germany, Italy, Spain and France, where the language will be country specific.
Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.
Neither you nor us intend that these Purchase Terms and Conditions other than the warranty period as set out in that section, or any contract formed between you and us for the supply of goods or services by us to you will be enforceable by anyone except you and us.
Each element of these Purchase Terms and Conditions operates separately. If any court or relevant authority decides that any of them (or any part of them) are unlawful or unenforceable, the remaining terms (or part of them) will remain in full force and effect.
Nothing in these Purchase Terms and Conditions or our contract gives you any rights in respect of our intellectual property (or that of third parties who grant us rights to use their intellectual property), other than the right to proper use and enjoyment of the goods you have purchased from us.
The laws of England apply to these Purchase Terms and Conditions and our contract.
If any disputes arise between you and us in relation to these Purchase Terms and Conditions and our contract and you want to take court proceedings, then we agree that those proceedings may be brought in the courts of England and Wales. However, either you or us may bring proceedings in any other courts which have jurisdiction under applicable law. You may prior to taking court proceedings refer your case to Alternative Dispute Resolution (ADR). Your local Citizens Advice Bureau can identify an independent ADR adjudicator or you may refer to the EU Commission’s Platform at ec.europa.eu/odr
Please note: When you place an order in Spain, Germany, France or Italy you will be directed to eShop World’s checkout page to complete your purchase. Please refer to their sales terms and conditions.