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| Terms and Conditions |
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| 1. |
IMPORTANT INFORMATION |
| 1.1 |
These terms and conditions relate to your
use of the “simply-boxes.co.uk” website (“Website”) and to the sale of
all products to you by us. |
| 1.2 |
Please read these terms and conditions
carefully before browsing simply-boxes.co.uk or placing an order, and
retain a copy for your information. |
| 1.3 |
We reserve the right to change our terms
and conditions and our prices at any time without notice to you in relation
to future sales, so you must check them each time you use our Website.
The date on which these terms and conditions were last updated is clearly
stated below. |
| 1.4 |
Our business address is Simply Boxes,
Mill One, Pleasley Vale Business Park, Mansfield, Nottinghamshire, NG19
8RL and our VAT registration number is 859 4469 66 |
| 1.5 |
Please note that, if you are under the
age of 18, you must have the consent of the debit / credit card holder
(who must be over the age of 18) before purchasing any goods from the
Website. |
| 2. |
USE OF WEBSITE AND PRIVACY POLICY |
| 2.1 |
On accessing the Website, we grant you
a limited licence to access and make personal use of the Website for lawful
purposes only and in a manner that does not infringe our intellectual
property rights or those of third parties, and does not restrict or inhibit
the use and enjoyment of the Website by browsers, customers or any other
third party. |
| 2.2 |
If you wish to create a link to our Website,
you must first obtain our prior written consent, which can be sought by
emailing us at enquiries@simply-boxes.co.uk. |
| 2.3 |
Links contained in the Website may lead
to other websites which are not under our control. We do not endorse or
take responsibility for the content of any such linked websites. |
| 2.4 |
As we respect and endeavour to protect
the data we collect from you in the course of purchasing products from
us, we shall at all times comply with the Data Protection Act 1998 (as
amended from time to time). The information and data collected shall only
be used by us for the purposes of processing your order and marketing
our products to you. For the avoidance of doubt, your information and
data will never be passed on by us to a third party. We will keep your
information and data on our records for a period of 5 years, after which
point such records shall be destroyed. |
| 2.5 |
When purchasing products from us, you
will be asked in the order form to confirm that we may email you from
time to time with details of our products that we think you might be interested
in. By ticking the box, you are confirming that we can email you for marketing
purposes. Please note that you may unsubscribe from receiving our marketing
emails at any time by emailing unsubscribe@simply-boxes.co.uk. |
| 3. |
PLACING AN ORDER |
| 3.1 |
Whilst browsing the Website, you may place
items that you wish to purchase in a virtual shopping basket (“Basket”).
You may access the Basket at any time prior to placing a firm order to
view your proposed order and to correct any errors. At this point, you
are under no obligation to purchase the items in your Basket. If you wish
to place a firm order with us you will be asked to complete the online
order form and provide us (and / or a third party payment partner, such
as HSBC Banking, on our behalf) with payment and delivery details. Once
you have completed the online order form, proceeded to the “Checkout”
and confirmed that you have read these terms and conditions, you shall
be obliged to purchase those products stated in your order, subject to
our Confirmation Email and your right of cancellation (see below). |
| 3.2 |
When you place a firm order with us, we
will send you an email acknowledging receipt of your order and confirming
the details of your order (“Acknowledgement Email”). A contract is not
formed at this stage. Your order represents an offer to us to purchase
those goods detailed in your order form, which shall only be accepted
by us when we send a further email to you confirming that the products
are available and in stock, and the dates that they are due for dispatch,
and delivery (“Confirmation Email”). At this point a contract is formed
between us. |
| 3.3 |
If any of the products you have ordered
are unavailable at the time of your order, we shall inform you as part
of our order confirmation procedure of either (1) the date when the products
you have ordered will become available, or (2) details of a substitute
product of equivalent quality and price, and shall give you the option
to (a) reconfirm your order on the revised basis or (b) cancel it by emailing
us with the following details: (i) your order reference number, (ii) the
products you ordered, and (iii) (where appropriate) the delivery date
(“Cancellation Notice”). If you fail to inform us of your election by
email to sales@simply-boxes.co.uk within 7 working days from the date
of our email, your order shall automatically be cancelled. Please see
the section on “Cancellation” below for further details on how you will
be reimbursed. |
| 4. |
DESCRIPTION AND PRICE |
| 4.1 |
Photographs, measurements and other means
of describing the products on the Website shall be as accurate as possible,
but please note that the products may be subject to slight variation in
manufacture from time to time. |
| 4.2 |
Although every effort is made to ensure
that prices published on the Website are accurate, errors concerning price
may occur from time to time. |
| 4.3 |
All prices quoted on the Website exclude
VAT, unless otherwise stated. |
| 4.4 |
From time to time, we may make certain
products available on the Website at a special discounted price. If this
is the case, the price will be clearly marked as a “special offer” and
the conditions specific to that offer (i.e. duration of the special offer
price, etc) will be stated directly next to the description of the products
concerned. |
| 4.5 |
If after you have placed an order with
us, we find an error concerning the price of any of the products you have
ordered, we will notify you as part of our order confirmation procedure
and shall give you the option to either (1) re-confirm your order at the
revised price or (2) cancel your order by emailing us a Cancellation Notice.
If you fail to inform us of your election by email to sales@simply-boxes.co.uk
within 7 working days from the date of our email, your order shall automatically
be cancelled. Please see the section on “Cancellation” below for further
details on how you will be reimbursed. |
| 5. |
PAYMENT |
| 5.1 |
Payment for the products you have ordered
is to be made by proceeding to the “Checkout” and payment must be made
by debit or credit card. Cheques will not be accepted. On clicking “Submit”,
you will submit your order to us, and payment will be deducted from your
debit / credit card. |
| 5.2 |
No products shall be dispatched for delivery
until full payment in cleared funds has been received by us. |
| 6. |
DELIVERY |
| 6.1 |
We only deliver to addresses within England,
Scotland and Wales. |
| 6.2 |
We deliver all our products
Mondays to Fridays, excluding public holidays (“working day(s)”). |
| 6.3 |
When placing your order, you can select
your preferred delivery option. The delivery fee will be clearly visible next to the option. |
| 6.4 |
Although we will inform you of the delivery
date of your order in the Confirmation Email, we aim to deliver the products
you have ordered within 24 hours of your order being submitted (subject
to your preferred delivery date and availability), as follows: |
| 6.4.1 |
If your order is received by us prior
to 12pm (English time) on any working day, your order will usually be
dispatched for delivery on the next working day. |
| 6.4.2 |
If your order is received after 12pm on
any working day or any other day, your order will usually be dispatched
on the next working day for delivery on the next following working day
thereafter. |
| 6.4.3 |
If at the time of your order, the products
you ordered are unavailable, your order shall be delivered to you no later
than 14 working days after we have sent the Confirmation Email. |
| 6.5 |
We usually deliver our products by courier
but may (at our discretion) use Royal Mail. |
| 6.6 |
You will legally own the products you
have ordered on delivery provided we have received payment. |
| 7. |
CANCELLATION |
| 7.1 |
You have the right to cancel any order
you have made at any time during the period of 7 working days immediately
following the date on which you receive delivery of your order (but not
including the day of delivery itself) (“Cooling Off Period”). |
| 7.2 |
To exercise this right to cancel, you
must (1) email us at sales@simply-boxes.co.uk within the Cooling Off Period
with your Cancellation Notice and then (2) return the product(s) (if they
have already been delivered) unused and at your own cost to: Simply Boxes,
Mill One, Pleasley Vale Business Park, Mansfield, Nottinghamshire, NG19
8RL and mark for the attention of “Customer Services”. Products must be
returned to us no later than 14 days after the date of your Cancellation
Notice. |
| 7.3 |
Where an order is cancelled in any of
the ways described in these terms and conditions, the price paid by you
for the product(s) in your cancelled order shall be refunded to your debit
/ credit card as follows: (1) where cancellation occurs after delivery
of the product(s) ordered, you will be reimbursed within 7 working days
of receipt of the returned products; or (2) where cancellation occurs
prior to the delivery of the product(s) ordered, you will be refunded
on the next working day immediately following (a) our receipt of your
Cancellation Notice or (b) automatic cancellation, whichever is the earlier. |
| 8. |
WARRANTY |
| 8.1 |
We warrant that the products you have
ordered shall at the time of delivery comply with their description, be
of satisfactory quality and free from defect. |
| 8.2 |
You must check the products for any defect
or damage as soon as reasonably possible following delivery. |
| 8.3 |
If you receive faulty, damaged or incorrectly
described products from us, you must email us at sales@simply-boxes.co.uk
within 7 days of discovery of the defect (or within 7 days of when the
defect ought to have been discovered) and in any event no later that 6
months following delivery, providing us with the following information:
(a) your order reference number; (b) details of the defective product(s)
and description of the fault; (c) the delivery date (“Returns Notice”). |
| 8.4 |
Following receipt of the Returns Notice,
we will arrange for the defective products to either be returned by you
or be collected by us or a third party on our behalf (as we shall in our
sole discretion decide) at our own cost. We will then either (a) replace
the defective products within 14 working days of / by the next working
day following] receipt of them by us; or (b) cancel your order and reimburse
you for the price paid for the defective products. Please see the section
on “Cancellation” above for further details on how you will be reimbursed. |
| 9. |
GENERAL |
| 9.1 |
We do not exclude or limit our liability
for death or personal injury caused by our negligence, or for fraudulent
misrepresentation or for our breach of a statutory duty. |
| 9.2 |
All other damage or loss incurred by you
as a result of your use of the Website and/or your use and/or purchase
of our products shall be limited to the greater of £100 or the price paid
for the defective products in question. |
| 9.3 |
We will not be liable for any damage or
loss (including fair wear and tear) caused by you or any third parties,
other than our courier. |
| 9.4 |
We will not be held responsible for events
beyond our reasonable control. |
| 9.5 |
All content, text, photos, images published
on the Website are owned by us and cannot be reproduced without our prior
written consent. |
| 9.6 |
These terms and conditions form the entire
agreement between us. |
| 9.7 |
A person who is not a party to these terms
and conditions has no right to enforce any term of them under the Contracts
(Rights of Third Parties) Act 1999. |
| 9.8 |
These terms and conditions are governed
by English law and, in the event of a dispute arising between us, shall
be subject to the exclusive jurisdiction of the English courts. |
| These terms and conditions
were last updated on: 01 July 2005 |