↵ONLINE CONSUMER GOODS TERMS AND CONDITIONS
Summary of your legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
This is a summary of your key legal rights. These rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
1 THESE TERMS
1.1 What these terms cover
These are the terms and conditions on which we supply products to you.
1.2 Why you should read them
Before you submit your order to us, please read these terms carefully. These terms tell you who we are; how we will provide products to you; how you and we may change or end the contract; what to do if there is a problem; and other important information. Please contact us if you think that there is a mistake in these terms.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are
We are YourCare, a company registered in England and Wales. Our company registration number is 10809317 and our registered office is 3 Imperial Way, Croydon, CR0 4RR. Our registered VAT number is 286 6778 33.
2.2 How to contact us
You can contact us by telephoning our customer service team on 020 8664 8860 and select option 3. Or you can write to us at email@example.com or YourCare, 3 Imperial Way, CR0 4RR
2.3 How we may contact you
We will call you or write to you if we need to contact you. We will use the telephone number, email address or postal address you provided to us with your order.
2.4 ”Writing” includes emails
Where we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order
We will accept your order by email. At this point a contract will come into existence between you and us.
3.2 If we cannot accept your order
We will contact you in writing if we cannot accept your order. This might be because the product is out of stock; because of unexpected limits on our resources which we could not reasonably plan for; because we have identified an error in the price or description of the product; because a product has been discontinued; or because we are unable to meet a delivery deadline you have chosen. We will not charge you for the product if we cannot accept your order.
3.3 Your order number
We will give an order number to your order. We will tell you what this number is when we email you to accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK and do not ship products to non-UK addresses.
4 OUR PRODUCTS
4.1 Products may vary slightly from their pictures
The pictures of products on our website are for illustrative purposes only. Although we have made every effort to display the colours of products accurately, we cannot guarantee that the printed pictures on our website accurately reflect the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, due to manufacturing tolerances and continual product improvement all sizes, weights, capacities, dimensions and measurements indicated on our website or in our brochure can be subject to a + or - 3% variation.
4.2 Product packaging may vary
The packaging of the product may vary from the packaging shown in pictures on our website.
4.3 Making sure your measurements are accurate
If you have given measurements to us so that we can make your product, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website, or by contacting us.
5 YOUR RIGHTS TO MAKE CHANGES
Please contact us if you want to make a change to the product you have ordered and we will let you know if it is possible to make the change you want. If it is possible, we will let you know about any changes to the price of the product; the timing of delivery; and anything else which is necessary for us to do as a result of your requested change. We will also ask you to confirm whether you wish to go ahead with the change. If we cannot make the change to the product or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 - Your rights to end the contract).
6 OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements which may affect the description or quality of the product that we supply to you; and
(b) to implement minor technical adjustments and improvements, for example to address a product malfunction. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms.
In addition, as we informed you in the description of the product on our website, we may make changes to these terms or to the product.
If we are going to make significant changes we will contact you to end the contract if you wish, before the changes take effect. If we do contact you to end the contract because of these changes, you will receive a refund for any products paid for but not received.
7 PROVIDING THE PRODUCTS
7.1 Delivery costs
The costs of delivery and installation (if arranged) will be as displayed to you on our website.
7.2 When we will provide the product
We will contact you to agree a date for delivery and installation (if arranged), which will be as soon as reasonably practicable and in any event within 14 days or, if the product is a Sussex, Essex or Southwold chair, 3 weeks, after the day on which we accept your order.
7.3 We are not responsible for delays outside our control
If our supply or installation (if arranged) of the product is delayed because of an event outside our control then we will contact you as soon as possible to let you know. We will also take steps to minimise the effect of the delay. Provided we do this, we will not be responsible for delays caused by the event.
However, if there is a risk of substantial delay (e.g. it will take longer than the usual 14-day delivery period), you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you
If you have asked to collect the product from our store, you can collect it from us at any time during our working hours of 9am- 5pm on Mondays to Fridays. Please note that these opening hours do not apply on public holidays.
7.5 If you are not at home when the product is delivered
If no one is at home to take delivery of the product and the product cannot be posted through your letterbox, we will leave you a note telling you how to rearrange delivery, or you can collect the product from the store.
7.6 If you do not re-arrange delivery
If you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the product from the store; we (or the courier service acting on our behalf) will contact you for further instructions and we 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 may end the contract with you and Clause 10.2 will apply.
7.7 If you do not allow us access to install.
If you do not give us access to your property to deliver and install the product as arranged (and you do not have a good reason for this), we may charge you any additional costs that we suffer because of this. If, despite our reasonable efforts, we are unable to contact you or to re-arrange access to your property, we may end the contract with you and Clause 10.2 will apply.
7.8 Your legal rights if we deliver goods late
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may immediately treat the contract as at an end, provided that any one of the following applies:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.9 Setting a new deadline for delivery
If you do not want to treat the contract as at an end straight away, or you do not have the right to do so under Clause 7.8, you can give us a new delivery deadline. This new delivery deadline must be reasonable. You can treat the contract as at an end if we do not meet the new delivery deadline.
7.10 Ending the contract for late delivery
If you do choose to treat the contract as at an end for late delivery under Clause 7.8 or Clause 7.9, you can cancel your order for the goods you have ordered, or you can reject goods that have been delivered. If you wish, you can reject or cancel the order for some of the goods (but not all of them), unless splitting them up would significantly reduce the value of the goods. We will then refund any sums you have paid to us for the cancelled goods, including the cost of their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 020 8664 8860 and select option 3 or email us at firstname.lastname@example.org to arrange collection. If you are posting goods back to us we will provide you with the correct address.
7.11 When you become responsible for the goods
A product will become your responsibility from the time we deliver it to the address you have given to us, or from the time you, or a carrier organised by you, collect the product from us.
7.12 When you own the product
You own a product once we have received payment for it in full.
7.13 What will happen if you do not give required information to us
We may need certain information from you so that we can supply the products to you and install them for you as arranged. For example, we may need your name, address, telephone number, email address and measurements (for made to measure goods). If so, this will have been stated in the description of the products on our website. You may be required to input this information on the website before you can make a purchase. Alternatively, we will contact you in writing to ask for this information. If you do not give us the information we require within a reasonable time period of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply), or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing (if arranged) the products late, or not supplying or installing (if arranged) any part of them, if this is caused by you not giving us the information we need within a reasonable time period of us asking for it.
8 YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us
The rights you have when you end the contract will depend on what you have bought; whether there is anything wrong with it; how we are performing; and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 11.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; or
(d) In all other cases (if we are not at fault and you are not exercising your right to change your mind), see Clause 8.3.
8.2 Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any products which have not been provided to you. You may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms, which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside of our control; or
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 7.8)).
8.3 Your Right To Change Your Mind
If you change your mind about a product either before it is delivered or within 14 days of receiving it, please contact us to arrange for a refund excluding non-standard delivery costs. . If you have received the unwanted item you must return it to us. You will be responsible for the costs of return.
You do not have a right to change your mind for:
(a) products that are made to your specifications or are clearly personalised;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
(c) any products which become mixed inseparably with other items after their delivery.
You have 14 days after the day you (or someone you nominate) receives the goods in which to change your mind. If your goods are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8.4 Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation.
If you want to end a contract before it is completed, but we are not at fault and you are not someone who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.
9 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:
(a) Phone or email
Call customer services on 020 8664 8860 and select option 3 or email us at email@example.com. Please provide details of what you bought, when you ordered or received it and your name and address.
Complete the form http://www.youcare.org.uk/pages/website-information/customer-services on our website.
(c) By post
Print off the form http://www.youcare.org.uk/pages/website-information/customer-services and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract
If you end the contract with us for any reason after the goods have been dispatched to you or you have received them, you must return them to us. Please call customer services on 020 8664 8860 and select option 3 or email us at firstname.lastname@example.org to request the address to return the goods to. You must either return the goods to us in person or post them back to us at the address provided. You will need to make your own arrangements for the secure return of the products (including appropriate packaging) and will be responsible for any associated costs of returning the products to us.. If the goods are not suitable for posting and require dismantling, we offer an 'Engineer Collection Service' where an engineer comes to collect them from you. If you are exercising your right to change your mind you must tell us you wish to end the contract and return the goods to us within 14 days from the day you receive the goods (see Clause 8.3).
9.3 When we will pay the costs of return
We will pay the standard costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms;
(c) if there is an error in the pricing or description of the product;
(d) if there is a delay in delivery due to events outside our control;
(e) if you have a legal right to do so as a result of something we have done wrong;
(f) if the goods were delivered and you subsequently change your mind.
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection
If the goods are being collected by our 'Engineer Collection Service because they are not suitable for posting, we will meet the cost of such collection. In all other cases, you are responsible for the collection costs.
9.5 How we will refund you
If you are entitled to a refund under these terms we will refund you the price you paid for the products by the method you used for payment. Delivery costs will only be refunded if the goods are faulty or misdescribed, delivery costs will not be refunded if you change your mind. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by you handling them in a way which would not be permitted in a shop. See our Returns page http://www.yourcare.org.uk/pages/website-information/refund-policy for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.7 When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 9.2.
10 OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it
We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) 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, for example, your name, address, telephone number, email address and measurements for made to measure goods
(c) you do not, within a reasonable time, allow us to deliver the products to you and install them (if arranged) or collect them from us; or
(d) you act in a manner calculated or likely to bring YourCare or any body associated with YourCare into disrepute.
10.2 You must compensate us if you break the contract
If we end the contract for a situation set out in Clause 10.1, we will refund any money you have paid to us in advance for products that we have not provided to you. However, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
11 IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems
We always aim to provide a high standard of care in the provision of our services so our customers' views and experiences are important to us and help us to ensure that our services consistently meet people’s needs. If you are unhappy about any of our services or have any questions or complaints about our products please let us know as soon as possible and we will do our best to put things right.
You can contact us in one of the following ways:
(a) telephone our customer service team at 020 8664 8860, and select 'Option 3', or speak to one of our members of staff in store. We will try to resolve the complaint whilst you are on the telephone or at the store but if this isn't possible, our telephone advisor or member of staff will arrange the next course of action with you; or
(b) write to us at email@example.com or YourCare, 28 Boulogne Road, Croydon, CR0 2QT.
We will try to provide you with a written record of your complaint and any next steps, by email or letter, within 5 working days of the day on which you made the complaint. We will also keep you regularly updated about the progress of your compliant, until it has been resolved.
We will contact you within 5-10 working days by telephone and/or in writing (by email or letter) to discuss the outcome of your complaint.
Please note, if you are not happy with the way we have handled your complaint you have the right to refer your complaint to an Alternative Dispute Resolution service. See Clause 15.7 for details.
12 PRICE AND PAYMENT
12.1 Where to find the price for the product
The price of the product (which includes VAT, unless otherwise stated) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product on the order page is correct. However, please see Clause 12.3 for what happens if we discover that there is an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we get the price wrong
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge you the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and this could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid to us and require the return of any goods provided to you.
12.4 When you must pay and how you must pay
This clause does not apply to customers exempt from paying for the products.
We accept payment by MasterCard, Maestro, VISA, and JCB.
When you place your order for a product, you will be asked to pay a small, non-refundable deposit to cover our costs in restocking. We will confirm the amount of deposit when you place your order. Before we dispatch the product, you will have to pay the outstanding balance from the sale price (i.e. the sale price minus any deposit already paid).
12.5 What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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 loss or damage you suffer, provided this is a foreseeable result of us breaking the contract, or a foreseeable result of our failure to use reasonable care and skill. We are not responsible for any loss or damage you suffer where the loss or damage is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen, for example, because you discussed it with us during the sales process.
13.2 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 goods as summarised at Clause 11; and for defective products under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property
If we are providing installation services in your property, we will make good any damage we cause to your property while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the installation services.
13.4 We are not liable for business losses
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information
We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15 OTHER IMPORTANT TERMS
15.1 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 you are unhappy with the transfer you may contact us to end the contract within 28 days of us telling you about it and we will refund to you any payments you have made in advance for products not provided.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if products have been made to measure. However, you may transfer our guarantee at Clause 8.3 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item, for example by giving the order number of the product to us or by providing their contact details.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to)
This contract is between you and us. No other person has any rights to enforce any of the contract terms, except as explained in Clause
15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not make a payment and we do not chase you but we continue to provide the product, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the product in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution if you are a consumer
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint for conciliation to Centre for Effective Dispute Resolution (CEDR) via their website at www.cedr.com/consumer. CEDR will provide telephone based dispute resolution conducted by a professional mediator and will only charge you a nominal fee, which is lower than the cost of taking a claim to the Small Claims Court or Money Claim Online. If you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.