Website Terms and Conditions of Supply
These Terms will apply to any contract between us for the sale of Products and/or Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or Services from our site. Please note that before placing an order you will be asked to agree to these Terms.
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 8. Every time you wish to order Products and/or Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.restore.co.uk. We are Restore plc, a company registered in England and Wales under company number 05169780 and with our registered office at The Databank Unit 5, Redhill Distribution Centre, Redhill, Surrey RH1 5DY. Our main trading address is The Databank Unit 5, Redhill Distribution Centre, Redhill, Surrey RH1 5DY. Our VAT number is 843 8630 11.
1.2 To contact us, please see our Contact Us page.
2. OUR PRODUCTS AND/OR SERVICES
2.1 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's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
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.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products and/or Services from our site if you are at least 18 years old.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 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 and/or Services.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 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.
7.2 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. Our acceptance of your order will take place as described in clause 7.4.
7.3 We will confirm our acceptance to you by sending you an e-mail (Confirmation Email). The Contract between us will only be formed when we send you the Confirmation Email.
7.4 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 of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail 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.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
- 8.1.1 changes in how we accept payment from you; and
- 8.1.2 changes in relevant laws and regulatory requirements.
8.2 Every time you order Products and/or Services from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to 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.
9.2 However, this cancellation right does not apply in the case of:
- 9.2.1 any made-to-measure or custom-made products or any products made to your specification or clearly personalised;
- 9.2.2 software, DVDs or CDs which have a security seal which you have opened or unsealed.
9.3 Your legal right to cancel a Contract starts from the date of the Confirmation Email, which is when the Contract between us is formed. If a Product has already been delivered to you, you have a period of 14 (fourteen) calendar days in which you may cancel, starting from the day after you receive the Product. You may cancel a Contract for Services at any time within fourteen calendar days, beginning on the day of the Confirmation Email, and will receive a full refund - however, if you begin to use the Service before the end of this fourteen calendar day cooling off period:
- 9.3.1 if the Service is fully performed you will lose the right to cancel; or
- 9.3.2 if the Service is part-performed, we will deduct from your refund a proportionate sum for Services used.
9.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to The Databank, Redhill Distribution Centre, Redhill, Surrey RH1 5DY. Alternatively you may contact our Customer Services telephone line to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
9.5 You will receive a full refund of the price you paid for the Products and/or Services and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the date we receive the Products back from you or, if earlier, the date you supply evidence of having sent the System back. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Products were delivered to you:
- 9.8.1 you must return the Products to us not less than 14 calendar days after the date on which you inform us of your cancellation;
- 9.8.2 unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
- 9.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Confirmation Email.
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. or in relation to Services not carried out with reasonable skill and care. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. OUR CANCELLATION RIGHTS
10.1 If we have to cancel an order for Products and/or Services before the Services start or the Products are delivered:
- 10.1.1 We may have to cancel an order before the start date for the Services or before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens.
- 10.1.2 If We have to cancel an order under clause 10.1.1 and you have made any payment in advance for Services that have not been provided to you, or Products that have not been delivered to you, we will refund these amounts to you.
- 10.1.3 Where we have already started work on your order for Services by the time we have to cancel under clause
10.1.1, we will deduct our reasonable costs incurred from the sums due to you under clause 10.1.2.
10.2 Once we have begun to provide the Services to you, we may cancel the contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
10.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if you break the Contract in any material way and you do not correct or fix the situation within 30 days of us asking you to in writing.
11. DELIVERY OF PRODUCTS
11.1 Your order will be fulfilled by the estimated delivery date set out in the Confirmation Email, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when we deliver the Products to the address you gave us.
11.3 The Products will be your responsibility from the completion of delivery.
11.4 You own the Products once we have received payment in full, including all applicable delivery charges.
12. NO INTERNATIONAL DELIVERY
12.1 Unfortunately, we do not deliver Products to addresses outside the UK.
12.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
13. PROVIDING SERVICES
13.1 We will supply the Services to you from the date your order is accepted by us, in accordance with the Contract until you notify us in writing.
13.2 We will need certain information from you that is necessary for us to provide some of our Services. We will contact you in writing about this or ask you to submit this information via our site. If you do not, after being asked by us, provide us with this information or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services (we may give you written notice). We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked.
13.3 We may have to suspend access to the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
14. PRICE OF PRODUCTS AND/OR SERVICES AND DELIVERY CHARGES
14.1 The prices of the Products and/or Services will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products and/or Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) and/or Services you ordered, please see clause 12.5 for what happens in this event.
14.2 Prices for our Products and/or Services may change from time to time, but changes will not affect any order which we have confirmed with a Email Confirmation.
14.3 The price of a Product and/or Service 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 and/or Services in full before the change in VAT takes effect.
14.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
14.5 Our site contains a number of Products and/or Services. It is always possible that, despite our reasonable efforts, some of the Products and/or Services on our site may be incorrectly priced. We will normally check prices as part of our confirmation procedures so that:
- 14.5.1 where the correct price of a Product or Service is less than the price stated on our site, we will charge the lower amount when supplying the Products and/or Services to you. However, 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 and/or Services to you at the incorrect (lower) price; and
- 14.5.2 if the correct price of a Product or Service is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product and/or Service 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.
15. HOW TO PAY
15.1 You can only pay for Products and/or Services using a debit card or credit card. We accept the following cards: [LIST OF CREDIT AND DEBIT CARDS].
15.2 Payment for the Products and/or Services and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we confirm your order.
16. MANUFACTURER GUARANTEES
16.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
16.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
17. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business customer.
17.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
17.2 Nothing in these Terms limit or exclude our liability for:
- 17.2.1 death or personal injury caused by our negligence;
- 17.2.2 fraud or fraudulent misrepresentation;
- 17.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- 17.2.4 defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 15.2, 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:
- 17.3.1 any loss of profits, sales, business, or revenue;
- 17.3.2 loss or corruption of data, information or software;
- 17.3.3 loss of business opportunity;
- 17.3.4 loss of anticipated savings;
- 17.3.5 loss of goodwill; orv
- 17.3.6 any indirect or consequential loss.
17.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other 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, for Products, 200% of the price of the Products or, for Services, the sum insured by us under the insurance policy held by us in the insurance year in which your claim is first notified.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products and/or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products and/or Services are suitable for your purposes.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are a consumer.
18.1 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.2 We only supply the Products and/or Services for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
- 18.3.1 death or personal injury caused by our negligence;
- 18.3.2 fraud or fraudulent misrepresentation;
- 18.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) and by section 2 of the Supply of Goods and Services Act 1982;
- 18.3.4 any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) and by section 2 of the Supply of Goods and Services Act 1982; and
- 18.3.5 defective products under the Consumer Protection Act 1987.
19. EVENTS OUTSIDE OUR CONTROL
19.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
19.2 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.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 19.3.1 we will contact you as soon as reasonably possible to notify you; and
- 19.3.2 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 and/or Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
20. COMMUNICATIONS BETWEEN US
20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
20.2 If you are a consumer:
- 20.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, please contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to The Databank, Redhill Distribution Centre, Redhill, Surrey RH1 5DY. Alternatively, please contact our Customer Services telephone line.You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
- 20.2.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Restore plc at email@example.com or The Databank, Redhill Distribution Centre, Redhill, Surrey RH1 5DY. You can always contact us using our Customer Services telephone line.
20.3 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.
20.4 If you are a business:
- 20.4.1 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, e-mail, or posted on our website. Working day means any day except Saturdays, Sundays or public holidays.
- 20.4.2 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; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
- 20.4.3 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.
- 20.4.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21. OTHER IMPORTANT TERMS
21.1 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.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
21.4 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.
21.5 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.
21.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products and/or Services 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.
21.7 If you are a business, these Terms are governed by English law. This means that 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), will be governed by and construed in accordance with English law. We both agree to the exclusive jurisdiction of the courts of England and Wales to settle any such dispute.
21.8 We will not file a copy of the Contract between us.
Issue 1 April 2014