Terms and conditions of the sale
Terms and Conditions of Supply (consumer)
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
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.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 14. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 26.09.14. These Terms, and any Contract between us, are only in the English language.
How the contract is formed between you and us
1.1 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.
1.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. You will receive an e-mail confirming that the Products have been dispatched and providing you with your parcel tracking number (Dispatch Confirmation). The Contract between us will only be formed when the Dispatch Confirmation is sent.
1.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet a specifically requested delivery date (see clause 5.5.3) or because of an error in the price on our site as referred to in clause 4.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
How to pay
1.4 You can only pay for Products using a debit card or credit card or via a Paypal or Amazon Checkout account. We accept the following cards: Mastercard; Visa; Visa Electron; and Visa Debit.
1.5 Payment for the Products and all applicable delivery charges is in advance.
Our Products
1.6 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 s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
1.7 The packaging of the Products may vary from that shown on images on our site.
Price of products and delivery charges
1.8 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 4.5 for what happens if we discover an error in the price of Product(s) you ordered.
1.9 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
1.10 The price of a Product includes VAT (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.
1.11 The price of a Product includes delivery charges, unless you opt to pay extra for our 24 hour delivery service. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Ordering and Delivery page.
1.12 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Delivery
1.13 We aim to deliver Products within approximately 5 working days of the date you place the Order (unless you have opted to use our 24 hour service). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 10 for our responsibilities when this happens.
1.14 If no one is available at your address to take delivery, we will leave you a note that the Products have been taken to a local post office for collection. Alternatively, you Products may be left with a neighbour or in a safe place if you have provided details for this option when placing your Order.
1.15 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
1.16 You own the Products once we have received payment in full, including all applicable delivery charges.
1.17 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
1.17.1 we have refused to deliver the Products;
1.17.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
1.17.3 you told us, by contacting us directly by telephone before placing your Order, that delivery within the delivery deadline was essential and we accept your Order.
1.18 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 5.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
1.19 If you do choose to cancel your Order for late delivery under clause 5.5 or clause 5.6 you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
No international delivery
1.21 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
Your consumer right of cancellation
1.22 You have a legal right to cancel a Contract during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards office.
1.23 However, this cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery.
1.24 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which you receive the Product set out in that Dispatch Confirmation. For example, if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January. Please note that when you place an Order for multiple Products, these may be sent separately, meaning you will receive a separate Dispatch Confirmation for each item.
1.25 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
1.26 If you cancel your Contract we will:
1.26.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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 permitted in a shop. We will not refund the price you paid to use our 24 hour delivery service, all other delivery costs are included in the price of the Product. See our Returns page for information about what handling is acceptable and examples.
1.26.2 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
1.26.2.1 if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, 14 days after the day on which you provide us with satisfactory evidence that you have sent the Product back to us. It is your responsibility to ensure that any Products returned to us are properly insured. We will not be responsible for any items lost or damaged in transit;
1.26.2.2 if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
1.27 If a Product has been delivered to you before you decide to cancel your Contract:
1.27.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns page for details on how to arrange a return;
1.27.2 unless the Product is faulty or not as described (in this case, see clause 8), you will be responsible for the cost of returning the Products to us;
1.28 We will refund you on the credit card or debit card used by you to pay or to your Paypal or Amazon Checkout account if that was used as the method of payment. If you used a gift certificate to pay for the Product we may refund you by way of a gift certificate.
Our Guarantee & FAULTY PRODUCT
1.29 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
1.30 We guarantee that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects caused by faulty materials or poor workmanship, provided that you follow the steps set out in clause 8.3 below. This guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
1.31 If you suspect your Product is faulty or not as describe, you should take the following steps:-
1.31.1 please do not send the Product to us until we have spoken with you to discuss the issue with the Product. This is because we may opt to send you a replacement or replacement part rather than request that you return Products to us;
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1.31.3 you must state the invoice number and date you ordered the Products;
1.31.4 we will then contact you to discuss whether a part or the whole product is faulty and either:-
1.31.4.1 arrange for the part or product to be sent to us if we think this is necessary. We may agree that we will bear the costs of return for such goods but if we do not the costs must be paid for by you. On no account should the goods be returned to Mathmos until this discussion has taken place with customer services. It is your responsibility to ensure that any Products returned to us are properly insured. We will not be responsible for any items lost or damaged in transit; or
1.31.4.2 at our discretion, arrange to send you a replacement part without requiring you to return any part of the Product to us.
1.31.5 you must send us the original invoice, where you do not have this we may accept an alternative form of proof of purchase;
1.31.6 if we have requested that the Product be returned to us we will, on receipt, examine the Products and contact you to discuss whether there is any defect entitling you to a refund or replacement;
1.31.7 in the event that the Product is not considered faulty or not as described, the Product will be returned to you in the same condition as it was sent to us, subject to you providing us with adequate remuneration to cover delivery costs;
1.31.8 in the event that the Product is considered faulty or not as described you shall be entitled to a refund (in accordance with clause 8.4) or replacement which we arrange to be delivered to you in (accordance with clause 5). If you opt for a replacement we will also reimburse you any reasonable costs you incurred in returning the item to us.
1.32 In the event that we advise you to return the Product and offer you a refund, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will refund you on the credit card or debit card used by you to pay or to your Paypal or Amazon Checkout account if that was used as the method of payment. If you used a gift certificate to pay for the Product we may refund you by way of a gift certificate.
1.33 The guarantee referred to in clause 8.2 does not apply to any defect in the Products arising from:
1.33.1 fair wear and tear;
1.33.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
1.33.3 if you fail to operate or use the Products in accordance with the user instructions;
1.33.4 any alteration or repair by you or by a third party who is not one of our authorised repairers.
Our liability to you
1.34 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
1.35 We only supply the Products for domestic and private use and for internal business use. You agree not to use the product for any resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.36 We do not in any way exclude or limit our liability for:
1.36.1 death or personal injury caused by our negligence;
1.36.2 fraud or fraudulent misrepresentation;
1.36.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
1.36.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
1.36.5 defective products under the Consumer Protection Act 1987.
Events outside our control
1.37 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 below in clause 10.2.
1.38 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1.39 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
1.39.1 we will contact you as soon as reasonably possible to notify you; and
1.39.2 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.
1.40 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges..
1.42.2 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.
Use of our site
1.43 Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
1.44 You may only purchase Products from our site if you are at least 18 years old.
How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy), as it includes important terms which apply to you.
Our right to vary these Terms
1.45 We 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.
1.46 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.
1.47 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 and by such method as we direct) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Other important terms
1.48 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
1.49 When we refer, in these Terms, to in writing , this will include e-mail.
1.50 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of our guarantee to the recipient of the gift without needing to ask our consent.
1.51 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a Product will have the benefit of our guarantee, but we and you will not need their consent to cancel or make any changes to these Terms.
1.52 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1.53 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
1.54 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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