These Terms of Sale (“Terms”) sets out the terms on which we (VAS01 Ltd t/as Arthr, a company incorporated in England and Wales 12203478 with its registered office at Copeman House St Marys Court, St Marys Gate, Chesterfield, Derbyshire, United Kingdom, S41 7TD, “we”, “us”, “our”, “Arthr”) supply products ordered via our website at www.shop.arthr.com.
We may from time to time need to change these Terms, whether to comply with changes in law or otherwise. Please make sure you review these Terms each time you place an order with us.
Please note that if you purchase our products via an online marketplace then the terms and conditions required by that marketplace may apply to your purchase.
If you have any questions regarding these Terms then please contact us by email at firstname.lastname@example.org.
By submitting an order via our website you are making an offer to purchase the product or products identified in your order. When we receive your order we will send you an email which will either:
confirm that we accept the order, at which point a contract will come into existence between you and us (“Contract”); or
decline your order, in which case we will within 14 days refund you any payment that you have already made in relation to the order.
If you want to make any changes to your order, please contact us at email@example.com. We will let you know if we are able to make the change and, if so, the effect the change would have on the price and estimated delivery date.
Descriptions of products
Please note that:
images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours of the products accurately, we cannot guarantee that your device's display of the colours accurately reflects the actual colour of the products; and
we may from time to time make changes to products to implement minor technical adjustments and improvements, or if required to do so by law. These changes will not affect your use of the product.
The price payable by you for a product (which includes VAT) will be the price stated on the order that you submit via our website. Although we take all reasonable care to ensure that the prices of products on our website are correct, if we discover an error in the price of a product we may either decline your order under clause 2.1(a) or end the Contract under clause 8.1(a).
We accept payment by credit or debit card, Paypal, Amazon Pay or V12. You must either pay for the product at the time you submit the order or, if specified on our website, after you have submitted the order but in any event before the product is despatched.
The delivery charges will be as stated on the order you submit via our website.
During the order process we will let you know when and how we will deliver the product to you.
If the delivery of a product is delayed by an event outside our control, whether as a result of delays caused by third party couriers, delivery delays of any nature, or otherwise, then we will contact you where possible to let you know, and we will take steps to reduce the delay. We are however not liable for any delays, although if the delay exceeds 14 days you may contact us to cancel the Contract and receive a refund for any products you have paid for but not received.
If no one is available at your delivery address to take delivery and a product cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the product from a local depot.
If, after a failed delivery to you, you do not re-arrange delivery or collect the product 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 reserve the right to cancel the Contract and refund any payments you have made less the costs of our attempted delivery.
Ownership of, and responsibility for, the product transfers to you at the time we deliver it to the address you gave us.
If you do not pay us for a product when you are supposed to, we may suspend supply of the product until you have paid us the outstanding amounts and/or we may cancel the Contract.
Your rights to return products
You may cancel the Contract at any time before the product is dispatched. If you wish to do so, please contact us by email at firstname.lastname@example.org or by calling our customer services team on 0800 009 6651. If the product has not been dispatched we will cancel the Contract and refund any payment that you have made in relation to the Contract within 14 days. If the product has been dispatched, then we will be unable to cancel the Contract immediately but you may return the product in accordance with clause 6.2.
If you want to return a product because you have changed your mind you may do so at any time within 30 days of you receiving the product. In these circumstances you are responsible for the cost of returning the product.
If you want to return a product because the product is faulty or misdescribed you may do so at any time within 30 days of you receiving the product. In these circumstances we are responsible for the cost of returning the product.
If you want to return a product because the product is damaged, you must notify us by email at email@example.com and provide photographs of the damage within 48 hours of delivery. In these circumstances we are responsible for the cost of returning the product.
If you are returning a product under clause 6.2, 6.3 or 6.4 then:
contact us by email at firstname.lastname@example.org or by calling our customer services team on 0800 009 6651. If you are returning the product under clause 6.3 or clause 6.4 then we will provide you with a prepaid returns label; and
send the product back to us at [TBC].
Once we receive the product that you have returned under clause 6.2, 6.3 or 6.4, we will within 14 days refund you the price you paid for the product, by the same method that you used for payment. Please note that:
if you are returning the product under clause 6.2 (i.e. because you have changed your mind) we may reduce your refund to reflect any reduction in the value of the product caused by your handling the product in a way which would not be permitted in a shop, or if the product is damaged in transit from you to us; and
we are unable to offer any refund for the any of the following items unless the packaging is fully intact: (i) underwear; (ii) toilet riser.
Your rights under this clause 6 do not affect your statutory rights which, in case of a conflict, are in addition to your rights under these Terms.
Additional rights if products are defective
If any product is not as described, fit for purpose or of satisfactory quality during its expected lifespan of your product, you have the following, additional rights:
during the six-month period following delivery of the product we will repair or replace the product or, if repair or replacement is not possible, we will refund the price of the product; and
during the six-year period following delivery, if the product does not last a reasonable length of time you may be entitled to a partial refund of the price paid.
Our rights to end a Contract
We may end the Contract if:
we discover a material error in the price paid for a product; or
you do not make any payment to us when it is due; or
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
If we end the Contract in the situations set out in clause 8.1 we will refund any payment you have paid in relation to the affected product or products. In the situations set out in clauses 8.1(b), (c) and (d) we will deduct from your refund any costs we have incurred in trying to supply the product or products to you, e.g. the costs of attempted delivery.
Our responsibility for loss or damage suffered by you
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 any foreseeable loss or damage that you suffer from our breach of these Terms.
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 and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and
for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose then (subject to clauses 9.2(a) and (b)):
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid by you for the products.
Other important terms
WEEE (Waste Electrical and Electronic Equipment) Regulations. If you buy a WEEE item from us, we will take your old WEEE item from you. You must return the WEEE item to us within 28 days of purchasing your new WEEE item. You are responsible for the cost of returning the WEEE item. WEEE items should be sent by post to [TBC].
WASTE BATTERY TAKE BACK SCHEME. We offer a take back scheme for all portable waste batteries, which must be returned in person to [TBC].
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
If a court finds part of these Terms illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
These Terms, and each Contract created under these Terms, are governed by English law and legal proceedings may be brought in the English courts.
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