Terms and conditions
1. Our terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you displayed on our website (“Product(s)”).
1.2 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.
2. Information about us and how to contact us
2.1 Who we are. We are Shop-Vac (U.K.) Limited a company registered in England and Wales. Our company registration number is 01169065 and our registered office is at 6th Floor 65 Gresham Street, London, United Kingdom, EC2V 7NQ
2.2 How to contact us. You can contact us by telephoning our customer service team at 0113 323 9699, by writing to us at Unit 4, Whiteley Court, Pool Road, Pool in Wharfedale, LS21 1RP or by emailing us at email@example.com.
2.3 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 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.
3.2 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 or because we are unable to meet a delivery deadline you have specified.
3.3 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.
3.4 We only sell to the UK. Our UK website is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
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,
4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
5. Our rights to make changes
5.1 Minor changes to the Products. We may change the Product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to improve performance. These changes will not affect your use of the Product.
More significant changes to the Products and these terms. In addition, as we informed you in the description of the Product on our website, we may make any changes to these terms or the Product which we in our absolute discretion, regard as necessary or appropriate in any circumstances.
6. Providing the Products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website. During the order process we will let you know when we will provide the Products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Any estimated date for delivery is just that and is not a guaranteed delivery time and should not be relied on as such.
6.2 We are not responsible for delays outside our control. 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.
6.3 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, after the second delivery attempt the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.4 If you do not re-arrange delivery. If after two failed deliveries 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.
6.5 When you become responsible for the Products. A Product will be your responsibility from the time we deliver the Product to the address you gave us.
6.6 When you own goods. You own a Product once we have received payment in full. Until you have paid for the Product in full we will own the Product and retain full legal and beneficial title to the Product.
6.7 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
- deal with technical problems or make minor technical changes; or
- update the Product to reflect changes in relevant laws and regulatory requirements.
6.8 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. 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 60 days and we will refund any sums you have paid for the Product.
7. Your rights if the Product is faulty
7.1 Our 3 year warranty. All our Products have a 3 year replacement guarantee commencing on the day we accepted your order. If you find your Product is faulty at any time during the 3 year guarantee period just call our Customer Services team on 0113 323 9699 and we will arrange to deliver free of charge a new model to you and to collect your faulty Product.
7.2 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, cancel your order and provided you return the product to us within 14 days of advising us of your cancellation you will receive a full refund. Any refund will be made within 14 days of receipt of the Product by us. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.3 When we will pay the costs of return. Subject to clause 7.2 above we will pay the costs of return:
- if the Products are faulty or misdescribed; or
- if you are exercising your right to change your mind in the manner set out in clause 7.2.
In all other circumstances you must pay the costs of return and you will be required to organise and pay for the delivery of the Product to us.
7.4 How we will refund you. Subject to clause 7.2 above we will refund you the price you paid for the Products. This will include delivery costs in the circumstances described in clause 7.3 (a) and (b). The refund will be processed by the method you used for payment.
8. If there is a problem with the product
8.1 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 0113 323 9699, write to us at Shop Vac, Unit 4, Whiteley Court, Pool Road, Pool in Wharfedale, LS21 1RP or email us at firstname.lastname@example.org
8.2 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.
In relation to our Products, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your Products are faulty, then you can get an immediate refund.
- Up to six months: if your Products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also our 3 year warranty described in clause 7.1.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
9. Price and payment
9.1 Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the Product you order.
9.2 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 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.
9.3 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.
9.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express. All payments are managed and processed for us by Worldpay. You must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
10. Our responsibility for loss or damage suffered by you
10.1 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.
10.2 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 Products including the right to receive Products which are: as described and match information we provided to you; fit for any particular purpose made known to us; and for defective Products under the Consumer Protection Act 1987.
10.3 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.
11. How we may use your personal information
12. Other important terms
12.1 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.
12.2 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.
12.3 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.
12.4 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. 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.
12.5 Alternative dispute resolution. 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 not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR via their website at www.cedr.com/consumer