Copy of Terms of Sale
- TERMS OF SALE
Last updated: 1st Feburary 2017
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.screenwithenvy.co.uk (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
GENERAL TERMS OF SALE
Last updated: 1st Feburary 2017
- INFORMATION ABOUT US
1.1 www.screenwithenvy.co.uk is a website operated by Screen with Envy Limited (“we”, “our”, “us”). We are registered in the U.K. under company number 10448336. Our registered office is at Unit 6 Trading Estate, Pasadena Close, Hayes, UB3 3NQ.
- ORDERING PRODUCTS
2.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.2 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 stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9. Please note if you reject your delivery you will be charged for the cost of shipping the item back to us and this will be deducted from your refund when the items arrive back to us.
2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that you will be available to receive delivery on the specified day. If we send an email confirmation with tracking information for delivery and have to re-deliver due to your failure to be able to accept the goods then we reserve the right to charge re-delivery at our cost price.
2.6 You must initially enter accurately and then amend contact details we hold for you if they change so that we can contact you if necessary about your order or the delivery of the Products. We cannot be held liable for delays in delivery due to incorrect information being provided.
2.7 From time to time we may have time limited special offers. We reserve the right to limit the number of items an individual may purchase during special offers to ensure that as many different clients can take advantage as possible.
3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because the Product is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible unless you agree to wait for the product or take an alternative product.
- IMAGES AND SIZING OF PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
4.3 Whilst every effort is made for these figures to be accurate, it must be understood that the specification of goods manufactured and supplied by us are subject to normal trade tolerances.
4.4 Composite goods are made by mixing natural and man-made materials. Greatest efforts are made to ensure consistency and uniformity during production. However you recognise and acknowledge that there may be a deviation in colour and finish. Deviations in colour and or dimensions or weight or finish shall under no circumstances be the subject to any rejection or claim against the seller.
- PRICES OF PRODUCTS
5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) and includes any delivery costs unless otherwise specified.
5.4 Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
- HOW TO PAY
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
6.3 Klarna In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay in 3
7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the delivery page of our site. Should you incorrectly enter your address on our website this can cause delays. You are responsible for entering your delivery address correctly.
7.2 Please note that we only deliver to addresses in the United Kingdom and Europe, as listed on our delivery page.
7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, the courier company will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below. If re-delivery is required then we will charge this at cost.
7.5 You can review the current status of your order at any time by contacting us. If you have trouble finding out the status of your order or tracking its progress, please contact Customer Services using the contact information below at clause 23.
7.6 Screen With Envy deliveries are not currently made by our own vans, a third party is used – usually TNT, Pallex, Hermes, PDX or Yodel. Any delays that may occur that lead to customers incurring costs, Screen With Envy accepts no liability. We advise you only book in Landscapers / Tools / Hire Equipment / Labour once you are in full receipt of your goods. If you advance hire / book in labour and your delivery is delayed, Screen With Envy accept no liability for any incurred cost.
7.7 If you can see some of the delivery has arrived damaged, we ask you to sign for it as “damaged” on arrival. You must then also notify us within 7 days of this to arrange collection or replacement of the damaged items. Failure to do so within this period of time means we are unable to proceed with a claim from our couriers and any replacements or refunds will then be at our discretion.
7.8 Some of our larger orders and items will be sent on a pallet to ensure the safest transit possible. Pallet orders will be to kerbside only, this is for insurance reasons on behalf of the carriers. We do not offer a two man delivery service. You will receive email notification of the pallet delivery along with a tracking reference. It is your responsibility to ensure someone is present to accept delivery. If delivery is attempted following on from email notification being sent and no one is present to accept delivery, we reserve the right to charge re-delivery at our cost price.
- RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
8.3 We cannot accept any returns for items which have been installed by you
8.4 We accept no liability for any damage or defect caused as a result of:
(i) the buyer failing to follow the seller’s oral or written instructions as to the storage, commissioning, installation, or use of the goods; or
(ii) normal wear and tear, weathering, wilful damage, negligence or abnormal storage or installation conditions.
- CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
RIGHT TO CANCEL
9.2 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this clause 9. Please note that the right to change your mind applies equally to any gift vouchers you purchase from us but does not apply to any bespoke Products you purchase from us (ie, Products that we create to your specification or are clearly personalised).
9.3 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
9.4 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 23. You may use the following model cancellation form but you are not required to do so:
MODEL CANCELATION FORM
To: Screen with Envy Limited, Unit 5, Aesop Road, Aylesbury HP22 5XX
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*)
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
9.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
9.6 You have no right to cancel at any time should their order include any modification or bespoke requirements agreed at the order stage once payment has been made.
EFFECTS OF CANCELLATION
9.7 If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery.
9.8 We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
9.9 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.10 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
9.11 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
FAULTY OR MIS-DESCRIBED
9.12 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). You will be required to declare a faulty or mis-described product within 5 days of delivery. Failure to do so will result in our inability to refund the order. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out in this Section B.
9.13 We will refund you through the payment method used by you to pay.
HOW TO RETURN THE PRODUCTS
9.14 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to us. In this case, this may be done either:
(a) by you arranging for the Products to be returned to us at our distribution centre or to our delivery partner at various locations. In this case, the Products must be returned to us without undue delay and in any event no later than 14 days from the date that you exercised your right to cancel. You will be responsible for the cost of returning the Products to us.
For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our Returns and Refund page.
9.15 If you exercise your right to return the Products under clause 9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause 9.14.
9.16 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us otherwise an amount will be deducted from the refund to cover the cost of packaging
- NOTICE AND TAKE DOWN POLICY
10.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by contacting email@example.com.
10.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
10.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
- LIMITED LICENCE
11.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site's content;
(b) reproduction of the Screen with Envy name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
11.2 If you wish to make any use of material on our site other than that set out above, please contact: firstname.lastname@example.org.
- DISCLAIMER AND LIABILITY
12.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
12.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
12.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
12.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
12.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
12.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
- LINKS AND LINKING
13.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
13.2 You may link to our home page (www.screenwithenvy.co.uk), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
- GIFT VOUCHERS AND DISCOUNT CODES
14.1 Gift vouchers can only be purchased online through our site.
14.2 You may choose to: (i) have the gift voucher emailed to the recipient on a pre-determined date of your choice; or (ii) print the gift voucher yourself. Should you need to re-send or re-print the gift voucher, this can be done through 'your account' on our site.
14.3 Gift vouchers are valid for one year from the date of issue and cannot be extended.
14.4 The value of any gift voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the gift voucher, it can be used on a future order. There is no minimum spend required and the gift voucher can be redeemed against any purchase including delivery charges.
14.5 Gift vouchers can be purchased in fixed denominations from £25 to £200.
14.6 Gift vouchers and/or discount codes must not be posted on consumer forums as they will be immediately invalidated. You cannot use your own refer a friend gift voucher to generate rewards. Any instance of this will result in the cancellation of that customer's rewards.
14.7 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any gift voucher that you have purchased or been given).
14.8 When you use a gift voucher and/or discount code you warrant to us that you are the duly authorised recipient of the gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a gift voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift voucher or discount code (as applicable).
14.9 If you have any difficulty redeeming your gift voucher or discount code or have any questions then please contact us for further assistance.
14.10 Any order for Products made using a gift voucher or discount code will be governed by these Terms of Sale.
- YOUR INFORMATION
- OUR LIABILITY TO YOU
16.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
16.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
16.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
16.4 The maximum loss or damage we will be responsible for under clause 15.3 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
16.5 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.
15.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- EVENTS OUTSIDE OUR CONTROL
17.1 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 events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
- RESOLVING DISPUTES
18.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally. You can also write to us at: Screen with Envy Limited, Unit 6 Trading Estate Pasadena Close, Hayes UB3 3NQ.
18.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at http://ec.europa.eu/odr . You will also always have the option of resolving the dispute using court action.
- EACH OF THESE TERMS OPERATES INDEPENDENTLY
19.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- UPDATING THESE TERMS OF SALE
20.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
- RIGHTS OF THIRD PARTIES
21.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
- TRANSFER OF OUR RIGHTS
22.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
- LAW AND JURISDICTION
23.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
23.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
- CONTACTING YOU
24.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- CONTACT US
25.1 If you have any queries about these Terms of Sale, please send us an email at firstname.lastname@example.org or contact us on the phone: 08081641075 (Mon – Fri: 9 am – 6 pm). We’ll be here to help.