WEBSITE TERMS AND CONDITIONS OF SUPPLY 8th August 2016
1 These terms
1.2 Why you should read them. These terms will apply to any contract between us for the supply of products to you. 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 please contact us to discuss. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from our site.
1.3 You should print a copy of these terms or save them to your computer for future reference.
1.4 These terms, and any contract between us, are only in the English language.
2 Information about us and how to contact us
2.1 Who we are. We operate the website www.3ddisplays.co.uk. We are 3D Displays Limited a company registered in England and Wales. Our company registration number is 02443398 and our registered office is at 18 Canterbury Road, Whitstable, Kent, CT5 4EY. Our registered VAT number is GB624620560.
2.2 How to contact us if you are a consumer. You can contact us by telephoning our customer service team at 01795 532947 or by writing to us at email@example.com or 3D Displays Limited, Upper Brents Industrial Estate, Faversham, Kent, ME13 7DZ.
2.3 How to contact us if you are a business. You can contact us by telephoning our customer service team at 01795 532947 or by writing to us at firstname.lastname@example.org or 3D Displays Limited, Upper Brents Industrial Estate, Faversham, Kent, ME13 7DZ. If you wish to give us formal notice of a matter in accordance with these terms, please see clause 17.
2.4 How we may contact you. 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.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you
3.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our 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.
3.2 We also accept orders by telephone. If you would like to order any products by telephone please call 01795 532947 and one of our representatives will guide you through the steps you need to take to place an order with us.
3.3 How we will accept your order. After you place an order, you will receive an email 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 usually take place when we email you confirming the products have been dispatched (Dispatch Confirmation), at which point a contract will come into existence between you and us. However, in exceptional circumstances we may need to contact you before accepting an order. This includes but is not limited to occasions where dispatch is delayed due to stock availability. In these circumstances, we will contact you to discuss and we will confirm our acceptance of your order to you by sending you an Order Acceptance email (Order Acceptance) at which point a contract will come into existence between you and us. When your order is then ready to be dispatched, we will confirm this to you by email.
3.4 If we cannot accept your order. 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 we have identified an error in the price or description of the product, because we have identified an error in the delivery costs stated for delivery of the product or because we are unable to meet a delivery deadline you have specified. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
3.5 Your order number. 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.
3.6 Where we sell our goods. Our website is for the promotion of our products in the UK. We may be able to deliver to some addresses outside the UK. Please contact us for more information by telephone at 01759 532947 or by email to email@example.com.
3.7 If you order products for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. 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. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
3.8 Bespoke products. We have a range of bespoke products which can be designed and tailored to suit your individual requirements. Details of these products can be found on our website. If you would like to order a bespoke product, please contact us to discuss your requirements.
ATTENTION: clauses 3.9 to 3.12 only apply if you are a business
3.9 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
3.12 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
4 Our products
4.1 Products may vary slightly from their pictures. 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, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate only.
4.2 Product packaging may vary. We retain the right to vary the packaging of our products and the packaging of the product may therefore vary from that shown on images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
4.4 It is your responsibility to ensure that any product(s) ordered from our website are suitable for your requirements.
5 Your rights to make changes
If you wish to make a change to a bespoke 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, additional costs arising out of the changes, 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
6.1 We may amend these terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order products from us, the Terms in force at the time of your order will apply to the contract between you and us.
6.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6.4 Minor changes. We may change the product and these terms to reflect changes in relevant laws and regulatory requirements and change the product to implement minor technical adjustments and improvements (which will not affect your use of the product) but, if we do so, we will notify you and explain the effects of these changes before the changes take effect.
6.5 More significant changes to the products and these terms. In addition we may make more significant 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 and receive a full refund before the changes take effect.
7 PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. We or our courier will deliver the goods to you as soon as reasonably possible and if you are a consumer in any event within 30 days after the day on which we accept your order, or we will contact you with an estimated delivery date or to agree a delivery date, which if you are a consumer will be within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control.
7.3.1 An event outside our control means any act or event beyond our reasonable control, including for example 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 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3.2 If you are a consumer, 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 you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.3.3 If you are a business, 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 above in clause 7.3.1. If an event outside our control takes place that affects the performance of our obligations under a contract:
188.8.131.52 we will contact you as soon as reasonably possible to notify you; and
184.108.40.206 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.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our normal working hours on weekdays (excluding public holidays and factory shut downs).
7.5 If you are not available when the product is delivered. If no one is available at your address to take delivery from our courier, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If you are a business and we have attempted to deliver the products to you ourselves, any subsequent attempts to deliver the products to you (at the same address) shall each be charged to you at such amount as is equal to the delivery charge for the initial delivery attempt together with any additional costs incurred by us in procuring such subsequent delivery. If such subsequent delivery is to a different address to that of the initial delivery, you shall be liable for such delivery charge as may be recalculated by us in our sole discretion.
7.6 If you do not re-arrange delivery. 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 11.3 will apply.
7.7 Please examine the products immediately on receipt and contact us by phone on 01795 532947 or by email to firstname.lastname@example.org to notify us of any damage.
ATTENTION: clauses 7.8 to 7.10 (inclusive) only apply if you are a consumer
7.8 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
7.8.1 we have refused to deliver the products;
7.8.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.8.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.9 Setting a new deadline for delivery. 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 7.8, 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.
7.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, 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. We will pay the costs of postage or collection. Please call customer services on 01795 532947 or email us at email@example.com for a return label or to arrange collection.
7.11 When we may require collection. Where we reasonably consider the products you have ordered to be particularly large or vulnerable items, we may require you to collect the products from us. If we elect to do so, we will notify you in writing within 5 working days of acknowledging your order.
7.12 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.13 When you own goods:
If you are a consumer:
7.13.1 You own a product which is goods once we have received payment in full.
If you are a business:
7.13.2 Title to the products shall not pass to you until we receive payment in full (in cash or cleared funds) for all products (in respect of this contract or otherwise), you resell the product(s), or we elect to transfer title to you by written notice, whichever is the earlier.
7.13.3 Until title to the product(s) passed to you, you shall:
220.127.116.11 store the products separately from all other goods held by you so that they remain readily identifiable as our property;
18.104.22.168 not remove, deface, or obscure any identifying mark or packaging on or relating to the product(s);
22.214.171.124 maintain the products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
126.96.36.199 notify us immediately if you become subject to any of the events listed in clause 7.13.7; and
188.8.131.52 give us such information relating to the product(s) as we may require from time to time.
7.13.4 Subject to clause 7.13.5 you may resell or use the products in the ordinary course of business (but not otherwise) before we receive payment for the products. However, if you resell the products before that time:
184.108.40.206 you do so as principal and not as our agent; and
220.127.116.11 title to the products shall pass from us to you immediately before the time at which resale by you occurs.
7.13.5 If, before title to the products passes to you, you become subject to any of the events listed in clause 7.13.7 then, without limiting any other right or remedy we may have, your right to resell the product(s) or use them in the ordinary course of your business ceases immediately.
7.13.6 We may at any time before title to the product(s) passes to you:
18.104.22.168 require you to deliver up all the products in your possession which have not been resold or irrevocably incorporated into another product; and
22.214.171.124 if you fail to do so promptly, enter any premises of yours or of any third party where the products are stored in order to recover them.
7.13.7 The events referred to at clauses 126.96.36.199 and 7.13.5 are you:
188.8.131.52 suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or you admit inability to pay your debts, or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply;
184.108.40.206 commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or makes a proposal for or enter into any compromise or arrangement with your creditors;
220.127.116.11 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up;
18.104.22.168 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
22.214.171.124 (being a company) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver;
126.96.36.199 a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
188.8.131.52 (being an individual) you are the subject of a bankruptcy petition or order;
184.108.40.206 a creditor or encumbrancer of yours attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
220.127.116.11 any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 18.104.22.168 to clause 22.214.171.124 (inclusive);
126.96.36.199 suspend, threatens to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
188.8.131.52 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these terms has been placed in jeopardy; and
184.108.40.206 (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or becomes a patient under any mental health legislation.
7.14 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. 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 9.2 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.
7.15 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.15.1 deal with technical problems or make minor technical changes;
7.15.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.15.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.16 Your rights 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 7 days in any 30 day period we will adjust the price so that you do not pay for products while they are suspended. 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 7 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.
7.17 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.6) and you still do not make payment within 14 days 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 13.9). 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 13.8).
7.18 If you are a business, we may also suspend supply of the products if you are in breach of any terms of credit. If you are a business and we, in our sole discretion, have agreed terms of credit with you (see clause 13.7) and you are in breach of any of those terms (including, for the avoidance of doubt, if you exceed any credit limit), we may immediately suspend supply of the products until you have remedied the breach to our satisfaction. We will contact you to tell you we are suspending supply of the products.
8 Your rights to end the contract
ATTENTION: this clause 8 only applies if you are a consumer
8.1 You can always end your contract with us. 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:
8.1.1 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 12;
8.1.2 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;
8.1.3 If you have just changed your mind about the product, see clauses 8.3 to 8.5. 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;
8.1.4 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 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 (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:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.2.2 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;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 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 7 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.8).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 any products that are made to your specifications or are clearly personalised;
8.4.2 any products that are liable to deteriorate or expire rapidly;
8.4.3 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
8.4.4 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
8.4.5 any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
8.5.1 If you have bought goods you have 14 days after the day you (or someone you nominate) receives the goods, unless:
220.127.116.11 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
18.104.22.168 Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund compensation for the net costs we will incur as a result of your ending the contract.
9 How to end the contract with us if you are a consumer (including if you have changed your mind)
ATTENTION: this clause 9 only applies if you are a consumer
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on 01795 532947 or email us at firstname.lastname@example.org,uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 By post. Write to us at 3D Displays Limited, Upper Brents Industrial Estate, Faversham, Kent, ME13 7DZ. Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively, print off and complete the form attached to the end of these terms and conditions and post it to us at the address on the form.
9.2 Returning products after ending the contract. 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 or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01795 532947 or email us at 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 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 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;
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection. 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, where we are entitled to do so.
9.5 How we will refund you. 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 Deductions from refunds. If you are exercising your right to change your mind:
9.6.1 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 reasonably 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.
9.6.2 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.
9.6.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1 If we have not offered to collect the goods, 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.
9.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10 how to end your contract with us if you are a business
ATTENTION: this clause 10 only applies if you are a business
10.1 If you are a business, there is no automatic right of cancellation or return. Cancellations and returns are at the discretion of 3D Displays Ltd. Please contact us for further information. Please note that any agreed cancellation or return will be subject to a £5 cancellation fee together with a 10% charge of the total invoiced value to cover restocking costs.
11 Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
11.1.1 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;
11.1.2 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, for example, specifications, dimensions, or wording for personalised goods; or
11.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
11.2 If you are a business, if you suffer any of the events set out at clause 22.214.171.124 to 126.96.36.199we may also terminate this contract immediately, upon which you will immediately pay all outstanding unpaid invoices and interest.
11.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products 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.
12 If there is a problem with the product
12.1 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 01795 532947 or write to us at firstname.lastname@example.org or at 3D Displays Limited, Upper Brents Industrial Estate, Faversham, Kent, ME13 7DZ.
ATTENTION: clauses 12.2 and 12.3 (inclusive) only apply if you are a consumer
12.2 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, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
Generally however these rights cannot be exercised as a result of general and fair wear and tear.
12.3 Your obligation to return rejected products. 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. We will pay the costs of postage or collection unless you are exercising your right to change your mind. Please call customer services on 01795 532947 or email us at email@example.com for a return label or to arrange collection.
13 Price and payment
13.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. The default prices shown on our website will exclude VAT but our website enables you to toggle between VAT inclusive and exclusive figures – please see clause 13.2. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the product you order. The price of the product does not include delivery charges. Our delivery charges are as advised to you during the checkout process, before you confirm your order.
13.2 Inclusion of VAT. Our site enables you to toggle between a VAT inclusive and VAT exclusive figure for all products. Please note that the price that you will pay is the VAT inclusive amount (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. Prior to confirming your order, you will be presented with a total (VAT inclusive figure) which will be the amount you will be paying us for the products.
13.3 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 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.
13.4 What happens if we got the price wrong. 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, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.5 What happens if the delivery charge is wrong. It is always possible that, despite our best efforts, the delivery charges which have been advised to you during the checkout process may be incorrectly calculated. We will normally check delivery charges before accepting your order so that, where the correct delivery charge at your order date is less than our stated price at your order date, we will charge the lower amount. If the delivery charge at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a delivery charge error is obvious and unmistakeable and could reasonably have been recognised by you as an error, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.6 When you must pay and how you must pay. We accept payment with cash, cheque, credit or debit card, PayPal or bank transfer. You must pay for the products before we dispatch them or you collect them from us. In the event that your credit or debit card is charged before your order is accepted, a full refund (including any delivery costs charged) will be issued as soon as possible in the event that we do not accept your order or should you decide not to proceed with the order. In these circumstances, please contact us.
13.7 We may offer some of our customers credit accounts/credit terms that can be used to pay for the products. For further information please contact us. If you want to use your credit account/credit terms to purchase products, please follow the on-screen instructions for information on how to do so.
13.8 We can charge interest if you pay late. 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 3% a year above the base lending rate of the National Westminster 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.
13.9 What to do if you think an invoice is wrong. 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.
14 Our responsibility for loss or damage suffered by you IF YOU ARE A CONSUMER
ATTENTION: this clause 14 only applies if you are a consumer
14.1 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. 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.
14.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15 liability if you are a business
ATTENTION: this clause 15 only applies if you are a business
15.1 Nothing in these terms limits or excludes our liability for:
15.1.1 death or personal injury caused by our negligence;
15.1.2 fraud or fraudulent misrepresentation;
15.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.1.4 defective products under the Consumer Protection Act 1987.
15.2 Subject to clause 15.1, 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:
15.2.1 any loss of profits, sales, business, or revenue;
15.2.2 loss or corruption of data, information or software;
15.2.3 loss of business opportunity;
15.2.4 loss of anticipated savings;
15.2.5 loss of goodwill; or
15.2.6 any indirect or consequential loss.
15.3 Subject to clause 15.1, our total liability to you in respect of all 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 the price of the products.
15.4 Notwithstanding our negligence or fault, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with defective products, to the extent that the defect in the products is attributable to the acts or omissions of you, your employees, agents or subcontractors.
16 How we may use your personal information
16.1 How we will use your personal information. We will use the personal information you provide to us:
16.1.1 to supply the products to you;
16.1.2 to process your payment for the products; and
16.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
16.2 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.
16.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
17 Communications between us IF YOU ARE A BUSINESS
ATTENTION: this clause 17 only applies if you are a business
17.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail
17.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
17.3 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.
17.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
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. 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 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
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. We may not agree if we reasonably believe that the person to which you wish to transfer your obligations will not be able to fulfil the obligations to be transferred. However, you may transfer a guarantee given by us in relation to the product to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
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. 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.
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 products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business.
18.7.1 If you are a business, a contract 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) shall be governed by and construed in accordance with the law of England and Wales.
18.7.2 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
Model cancellation form
To: 3D Displays Limited, Upper Brents Industrial Estate, Faversham, Kent, ME13 7DZ
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate.