TERMS OF SALE FOR PURCHASES OF GOODS
What these terms cover. These are the terms and conditions (“terms”) on which we supply goods to you (“product” or “products”). Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in these terms and on the sales page on our website for the product you are purchasing.
The key information we give you by law forms part of this contract as though it is set out in full here.
If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Why you should read them. 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 this prior to submitting your order to us.
When buying any products from us, you also agree to be legally bound by:
- our Website Terms and Conditions and any documents referred to in them;
All of the above documents form part of the contract between you and us as though set out in full here.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Heidi Rose Limited (“we”). We are registered in England and Wales under company number 11627815 and have our registered office at Suite 1, 5th Floor, City Reach, 5 Greenwich View Place, London, E14 9NN in the United Kingdom.
OUR CONTRACT WITH YOU
How to make an order from us. Below, we set out how a legally binding contract between you and us is made.
You place an order for a product by adding the product to a shopping cart. Once you are ready to purchase, you will be asked to enter your name, email address and payment details. To purchase the product, you must click the payment trigger button. This may be labelled “Buy Now” but may have a different label as set by the payment provider. When you click the payment trigger button, you understand and agree that you will be charged for the product via the payment details you have provided.
How we will accept your order. 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.
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, or we will immediately refund you if your payment has been processed. This might be because:
- the product is unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the product from us;
- we are not allowed to sell the product to you;
- you have ordered too many products; or
- there has been a mistake on the pricing or description of the product.
Your statutory rights. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products must be of satisfactory quality, fit for purpose, and match the description given on the website. We must provide you with products that comply with your legal rights.
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. The products you receive 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 have a two percent (2%) tolerance.
Product packaging may vary. The packaging of the products may vary from that shown in images on our website.
PRICE AND PAYMENT
Price of the products. The price of the product will be the price indicated on the order pages when you placed your order on our website. We use our best efforts to ensure that the price of the product advised to you is correct. However please see below for what happens if we discover an error in the price of the product you order. The prices of products are in Pounds Sterling (£)(GBP), includes Value Added Tax at the applicable rate, and does not include the cost of delivery.
Payment methods. We accept payment by way of Visa, MasterCard, Amex, Apple Pay and Google Pay. We do not accept cash.
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 to you, we will contact you for your instructions before we accept your order.
Your receipt of products prior to payment. If your payment is not received by us and you have already received the product you purchased, you must pay for the product you purchased within three (3) days of your receipt of the product, or you must return the product to us as soon as possible. Where you are returning the product to us, you must keep the product in your possession until you return it, take reasonable care of it (including ensuring that you follow any instructions or manuals given with the product) and not use it before you return it to us.
Delivery costs. The costs of delivery will be as displayed to you on our website.
Delivery service provider. We will use the delivery service advised on our website to deliver our products. If you want to see your delivery options, please visit our Delivery Information page before you place your order.
We will advise you of delivery details. The estimated date and time window for delivery of your purchase is set out in the Confirmation Email. If something happens which is outside of our control, and affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the product. 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. Unless you and we agree otherwise, if we cannot deliver your products within 30 days, we will let you know, cancel your order, and give you a refund.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
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 in accordance with these terms.
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 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 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.
When delivery will be deemed to have taken place. Delivery of the product will take place when we deliver it to the address that you gave to us. You are responsible for the product when delivery has taken place. In other words, the risk in the product passes to you when you take possession of the product.
YOUR RIGHT TO CANCEL THIS CONTRACT
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. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- 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;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then 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.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
- any products which become mixed inseparably with other items after their delivery;
- any products which are bespoke, customised, made to order or made as per your specifications.
How long do consumers have to change their minds? You have 14 days after the day you (or someone you nominate) receives the product, unless:
- Your products 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.
- Your products 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 products.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at email@example.com
You may use the model cancellation form below, but you are not required to:
To Heidi Rose Limited
Suite 1, 5th Floor
5 Greenwich View Place
I hereby give notice that I cancel my contract of sale of the following product(s) [customer to insert description of purchase], ordered on [customer to insert purchase date].
Name of customer: [customer to insert name]
Address of customer: [customer to insert address]
Date: [customer to insert date]
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 post them back to us at the address advised to you in the Confirmation Email. If you are a consumer exercising your right to change your mind you must send off the product within 14 days of telling us that you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are a consumer exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
When we may make deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product, if this has been caused by your handling it 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 product and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.
- 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.
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 products by the method you used for payment.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, 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.
OUR RIGHTS TO END THE CONTRACT
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:
- you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
- 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.
YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
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 products. Nothing in these terms will affect your legal rights. Please contact us using the contact details at the top of this page if you believe you have a defective product and you would like to exercise your rights as explained below.
Summary of some of your key rights:
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, you are entitled to the following:
· up to 30 days: if the product you purchased is faulty, then you can get a refund;
· up to six months: if the product you purchased can’t be repaired or replaced, then you are entitled to a full refund, in most cases;
· up to six years: if the product you purchased does not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk
The information in this box summarises some of your key rights. It is not intended to replace these terms or any part of them, which you should read carefully.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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.
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, or for breach of your legal rights in relation to the products.
We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
Resolving disputes. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with a product you have purchased, our service to you, or any other matter, please contact us as soon as possible. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you and give you certain information required by law about our alternative dispute resolution provider.
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.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.