- 1.1 When the following words with capital letters are used in these Terms, this is what they will mean: Event Outside Our Control: is defined in clause 9.2; Goods: the goods that We are selling to you as set out in the Order; Order: your order for the Goods; Terms: the terms and conditions set out in this document; and We/Our/Us: Reflections of Me a Division of Morgan Hope Industries Limited, a company registered in England with number 2708699 whose registered office is at Units 5 & 6 Blowick Industrial Park, Crowland Street, Southport, PR9 7RU, England
- 1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
- 2.1 These are the terms and conditions on which We supply Goods to you.
- 2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or you require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
- 2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, We will inform you of this and We will not process the Order.
- 2.4 These Terms will become binding on you and Us when We contact you that We are able to provide you with the Goods, at which point a contract will come into existence between you and Us.
- 2.5 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
- 2.6 Our website, catalogue and brochure are solely for the promotion of Our Goods in Europe. We may (but are not obliged) accept orders from or deliver to addresses outside Europe and will in such cases confirm whether there is any variation to these Terms, price of the Goods and delivery costs before we confirm the Order.
- 2.7 The images of the Goods on Our website or in Our catalogue or brochure are for illustrative purposes only.
3. CHANGES TO ORDER OR TERMS
- 3.1 We may revise these Terms from time to time in the event of changes in relevant laws and regulatory requirements relating to the Goods.
- 3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.
- 3.3 You may make a change to the Order for Goods at any time before We despatch the Goods by contacting Us. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 10.1 in these circumstances.
- 3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 10.
4. DELIVERY OF GOODS
- 4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Deliveries to certain areas or postcodes may require extra time. The price for Goods which are to be delivered to Mainland UK may be inclusive of delivery charges and we will confirm this to You when we accept your order.
- 4.2 We will contact you with an estimated delivery date, which will be within 14 days after the day on which we accept your order. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 9 for Our responsibilities when this happens.
- 4.3 If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 9.00 am and 5.00 pm on weekdays (excluding bank holidays).
- 4.4 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.
- 4.5 If We miss the 14 day delivery deadline for any Goods then you may cancel your Order 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); or (c) you told Us before we accepted your order that delivery within the delivery deadline was essential.
- 4.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 4.5, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel if your Order if we do not meet the new deadline.
- 4.7 If you do choose to cancel your Order for late delivery under clause 4.5 or clause 4.6, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and You will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.
- 4.8 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you or a carrier organised by you collect them from Us and the Goods will be your responsibility from that time.
- 4.9 You own the Goods once We have received payment in full.
5. IF THE GOODS ARE FAULTY
- 5.1 As a consumer, you have legal rights in relation to Goods 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.
6. SELLER’S GUARANTEE OF GOODS
- 6.1 Unless we have agreed to provide an additional extended warranty (which we are not obliged to do) we guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 6.2.
- 6.2 This guarantee does not apply to any defect in the Goods arising from:
(a) fair wear and tear; (b) expiry of lamps; (c) wilful damage, abnormal storage or working conditions,
accident, negligence by you or by any third party;(d) if you fail to operate or use the Goods in accordance with the user instructions; (e) any alteration or repair by you or by a third party who is not one of Our authorised repairers; and (f) any specification provided by you.
6.3 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7. PRICE AND PAYMENT
- 7.1 The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
- 7.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, 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.
- 7.3 The prices for the Goods will, unless We have confirmed otherwise on acceptance of our order as per clause 4.1, exclude delivery costs, which will be added to the total amount due.
- 7.4 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
- 7.5 Where We are providing Goods to you, you must make payment for Goods in advance by credit or debit card. We accept payment with most credit and debit cards identified on our website, catalogue and brochure. We will not charge your credit or debit card until We despatch the Goods to you.
- 7.6 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc 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.
- 7.7 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 7.5 will not apply for the period of the dispute.
8. OUR LIABILITY TO YOU
8.1 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 the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
8.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description,
satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our
obligations under these Terms that is caused by an Event Outside Our Control.
9.2 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.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms 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 Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 10. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 10.
10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 Before the Goods are delivered, you have the following rights to cancel an Order for Goods, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) you may cancel any Order for Goods at any time before We despatch the Goods by contacting Us. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 10.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges;
(c) unfortunately, if you cancel an Order for Goods under clause 10.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
11. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) we will promptly contact you to let you know;
(b) if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
(c) where We have already started work on your Order for made-to-measure Goods by the time We have to cancel under clause 11.1(a), We will not charge you anything and you will not have to make any payment to Us.
12. INFORMATION ABOUT US AND HOW TO CONTACT US
12.1 We are a company registered in England and Wales. Our company registration number is 2708699 and Our registered office is at Units 5 & 6 Blowick Ind. Park, Crowland Street, Southport, PR9 7RU. Our registered VAT number is 582 1673 30.
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01704 512000 or by e-mailing Us at firstname.lastname@example.org .
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre- paid post to Reflections of Me C/o Morgan Hope Industries Limited at Units 5 & 6 Blowick Ind. Park, Crowland Street, Southport, PR9 7RU England, email@example.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 We will use the personal information you provide to Us to:
(a) provide the Goods;(b) process your payment for such Goods; and(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us. 13.2 We will not give your personal data to any third party.
14. OTHER IMPORTANT TERMS
14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
14.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.3 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 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.
14.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15. IMPORT DUTY & TAX
15.1 We cannot take responsibility for arranging the payment of import duty or tax in your country. Please contact your local Tax Office to arrange payment of duty or tax when your item arrives in your country. We cannot be held responsible for any delays caused by local authorities holding onto items while duty or tax is processed.