Website Terms and conditions: sale of goods to consumers
1. Who are we and our contact details
1.1. We are ISSOIR LTD. We’re a company registered in England and Wales with company number 13120240 whose registered address is at Marland House 13 Huddersfield Road, Barnsley, South Yorkshire, England, S70 2LW.
1.2. You can get hold of us by emailing us at: info@issoir.com.
2. What do these terms do, and why are they important?
Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including
2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
2.2. Separate terms and conditions apply to the use of our website. You can find those terms and conditions at web address for terms and conditions.
3. Your personal information
3.1. For information about how we collect and use your personal information, please see our website privacy notice, which is available at web address for privacy notice.
4. Order Process and the Contract between you and us
4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods to you, which we will usually communicate by email. If we tell you that we cannot provide the goods to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods, and we have already received payment from you, then we will promptly refund you for any goods that we cannot provide to you.
5. About the goods
5.1. Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.
5.2. Many of our goods are handmade, which means that the size, dimensions or weight of the handmade goods may vary by up to 2% above or below the amounts quoted on our website.
5.3. If you place an order for goods that are to be made to measurements that you have given to us, then you must ensure that those measurements are accurate. You are responsible for them.
6. Changes to goods
6.1. If you would like to make a change to the goods for which you have already placed an order, please contact us as promptly as you can . We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
6.2.In some circumstances, we may need to make minor changes to the services that you ordered. As these are minor changes and will not affect your use of the services we will not usually contact you about these. These minor changes are likely to be:
a. because we need update the goods to implement a change in the law or a regulatory requirement; and/or
b. because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods.
6.3. It is possible that, exceptionally, we may need to make a more major change to the goods. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 15.1 (cancellation terms) of these terms and conditions will apply.
The changes that we expect to fall under this section are:
7. Payment details
7.1. The price of the goods will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.
7.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the Product has not been shipped.
7.3. Any costs for delivery of the goods will be the amounts that were set out to you in the order process on our website. Please note any customs or duties are the responsibility of the customer.
7.4. You must pay for goods before we deliver them to you.
7.5. We accept payment by credit or debit card.
8. Delivery and collection of goods
8.1.
Before you place your order, on our order pages, we will let you know when we will deliver the goods to you.
8.2. We will contact you if we are delayed in delivering the goods to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods that you have paid for but not yet received. In this latter case, the goods will remain the property of ISSOIR Ltd.
8.3. If no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery. If after this, we are still unable to arrange the re delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 16.2 below will apply.
9. Suspension
9.1. If something happens that means we must suspend the supply of the goods to you, for example:
a. to make minor technical adjustments or to resolve technical issues; b. to update the goods to implement a change in law or any relevant regulatory requirement, then we will contact you to let you know.
9.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods , your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.
9.3. If we are going to suspend the supply of a good for more than 28 days then you may contact us to cancel the contract. We will provide you with a refund for the relevant good for which you have made payment, but have not yet received.
10. Responsibility for and ownership of goods
10.1. You will be responsible for goods from the point at which we deliver the goods to you, or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.
10.2. You will only own the goods once we have received full payment for them.
11. Your obligations
11.1. We will inform you during the order process of information that we need from you in order to provide you with the goods. We will contact you to request this information.
11.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 16.2 will apply), or we may charge you for the additional costs that we incur as a result.
11.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, or if we do not provide any part of them to you.
12. If there is a fault with the goods
12.1. We hope that you are satisfied with the goods that we have supplied to you, but if there is a fault with them, then please contact us using the details set out in section 1.
12.2. We must provide goods to you that meet your consumer rights.
12.3. This section 12.3 provides you with a summary of your consumer rights if there is a fault with the goods that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
12.4. If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either return the goods in person to the place where you bought them, post them back to us, or if the goods are not suitable for postage, allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.
12.5. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 14.
13. Limitations of Liability
13.1. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods (a summary of which is set out in section 12.3) or for providing you with defective items under the Consumer Protection Act 1987.
13.2. We will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
(A) loss of goodwill or reputation; or
(B) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(C) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
14. Cooling-off period and your right to cancel the contract during it
14.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 15 below.
14.2. When you buy goods from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 14.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 14.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
14.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on how you have ordered goods. It is also subject to certain exceptions that are set out in section 14.4 below. You can calculate the cooling-off period as follows:
14.4. If any of the following circumstances applies to the goods that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods because you have changed your mind:
14.5. If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 14.3) in one of the following ways:
14.6. If you have ordered goods, then you must return the goods at your cost using a tracked and insured service to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind.
14.7. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods, excluding any shipping, customs or duties charges where the item has been shipped. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment that you used to pay us within 14 days of the day we receive the goods back from you.
15. Your rights to cancel the contract
15.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 14, if any of the following circumstances apply, you have the right to cancel this contract immediately:
If you do cancel the contract for any of the above reasons (section 15.1(a) to 15.1(e)), then we will provide you with a refund for any goods that you have paid for but we have not yet provided, or we may provide you with a refund for any goods that have not been properly provided to you.
15.2. If there is a fault with the goods that we have provided to you, please see section 12 of these terms and conditions.
15.3. If you cancel the contract after we have dispatched goods, then you must return the goods to us (by posting them back to us). If you cancel the contract because of circumstances set out in section 15.1 or because there is a fault with them (see section 12), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 14, you will be responsible for the costs of returning the goods to us or for contacting us promptly to make arrangements for collection, which will be at your cost.
16. Our rights to cancel the contract
16.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
16.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 16.1), we will provide you with a refund for any goods for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs that we incur due to having to cancel the contract.
17. General
17.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
17.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
17.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
17.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
17.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
17.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales, in the English courts.
17.7. If you are dissatisfied with how we have handled your complaint you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Cancellation Form
Marland House 13 Huddersfield Road, Barnsley, South Yorkshire, England, S70 2LW, info@issoir.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate