These terms set out the basis upon which we may sell products to you. Please read these terms carefully.
We draw your attention to your cancellation rights in clause 8 and the limits of our liability in clause 13.
1. These terms
1.1 What these terms cover. These are the terms and conditions (Terms) on which we supply goods and products to you (Products).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. 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. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Hargreaves (UK) Services Limited trading as Maxibrite a company registered England and Wales. Our company registration number is 03735251 and our registered office is at West Terrace, Esh Winning, Durham, DH7 9PT. Our registered VAT number is GB 686 957 457.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01443 704865 or by writing to us at email@example.com or Maxibrite, Unit 7 The Courtyard, Stenson Road, Coalville, Leicestershire. LE67 4JP.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When 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. To begin the order process, please add the required products into the online basket and follow the on screen instructions to progress through the order process. You will have an opportunity to check and correct any input errors in your orders until the point at which you submit your order by clicking the confirm order and pay (or similar) button. Please carefully check your order at each stage of the order process. Once you have clicked the confirm order and pay (or similar button) on our website, you will need to pay for the Products you have ordered via the website. Your order is an offer to purchase from us. We will send you an email acknowledging receipt of your order, together with your order number and details of the Products you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order. Unless we have notified you that we do not accept your order or you have cancelled the order, our acceptance of your order will take place when the Products are despatched to you, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order (in whole or in part), we will inform you of this in writing and will not charge you for the Products and refund any monies paid in connection with that order (or part of the order that we do not accept). This might be because the Products are 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 Products or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell to England, Wales and Scotland. Our website is solely for the promotion of our Products in England, Wales and Scotland. Unfortunately, we do not accept orders from or deliver to addresses outside England, Wales and Scotland. We may also been unable to deliver to particular postcodes within England, Wales and Scotland, which we will confirm to you before accepting an order from you in accordance with clause 3.1 above.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the Products may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the Products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change 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 Products:
- (a) to reflect changes in relevant laws and regulatory requirements; and
- (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Products.
7. Providing the Products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the Products. We will make every effort to deliver Products to you on the date selected by you when you place an order. We shall not be liable for any delay or failure in delivering the Products.
7.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
7.4 Deliveries. All our deliveries are made by a pallet courier and are kerbside deliveries only. This means that we will deliver to the side of the kerb, where you would expect a parked car to be. We will endeavour to deliver to a kerbside as close as reasonably practicable to your address. We will be unable to make deliveries on steep inclines, gravel or soft surfaces (such as grass). If we are unable to make the delivery due to there not being a suitable location for unloading, the Products will be returned to the depot and we may charge you for storage and re-delivery or the additional costs required to return the Products to source.
7.5 If you are not at home when the Product is delivered. If no one is available at your address to sign for the Products and if the Products cannot be left at a safe place, the Products will be returned back to the depot. We will then contact you to rearrange delivery for which we charge you an additional charge in relation to our further delivery costs.
7.6 If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them 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 may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the goods. The Products will be your responsibility from the time we deliver the Products to you in accordance with clause 7.4 or 7.5 above.
7.8 When you own goods. You own the Products once we have received payment in full and we have accepted the order in accordance with clause 3.1.
7.9 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. If so, this will have been stated in the description of the Products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time 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 the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of Products to:
- (a) deal with technical problems or make minor technical changes; or
- (b) update the Products to reflect changes in relevant laws and regulatory requirements.
7.11 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Products, unless the problem is urgent or an emergency. You may contact us to end the contract for Products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Products in respect of the period after you end the contract.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights 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 Products repaired or replaced or a service re-performed 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 and you will have to pay the costs of return of any Products;
- (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.3 – 8.5.
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 and you may also be entitled to compensation. The reasons are:
- (a) we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
- (b) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
- (c) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- (d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of any Products which become mixed inseparably with other items after their delivery:
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the Products, unless your goods are split into several deliveries over different days, in which case you have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
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. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- (b) By post. Print off the Cancellation Form 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 for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products by calling customer services on 01443 704865 or email email@example.com to arrange collection or return of the Products. If you are exercising your right to change your mind you must return the Products within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
- (a) if the Products are faulty or misdescribed; or
- (b) if you are ending the contract because we have told you of an upcoming change to the Products or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection. We inform you of the charge before the collection takes place.
9.5 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. 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:
- (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, we will not refund Saturday delivery charges or delivery charges where you have specified an AM or PM delivery slot.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. Your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us:
- (a) For information about how to return Products to us, see clause 9.2.
- (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for Products at any time by writing to you if:
- (a) we reasonably believe that you acting as a Business Customer (as defined in clause 13.4);
- (b) you do not make any payment to us when it is due;
- (c) 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, the delivery address; or
- (d) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the Products. We may write to you to let you know that we are going to stop providing the Products.
11. If there is a problem with the Products
11.1 How to tell us about problems. If you have any questions or complaints about the Products, please contact us. You can telephone our customer service team at 01443 704865 or write to us at firstname.lastname@example.org or Maxibrite, Unit 7 The Courtyard, Stenson Road, Coalville, Leicestershire. LE67 4JP.
11.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
|Summary of your key 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 Products your legal rights entitle you to the following:
See also clause 8.3.
11.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must call customer services on 01443 704865 or email us at email@example.com to arrange collection or return of the Products. We will pay the costs of postage or collection.
12. Price and payment
12.1 Where to find the price for the Products. The price of the Products (which includes VAT) 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 Products notified to you is correct. However please see clause 12.4. for what happens if we discover an error in the price of the Products you order.
12.2 VAT. As a different rate of VAT applies depending on whether you are a consumer or where the Products are supplied for commercial, business or re-sale purpose, we will only deal with you as a consumer and shall apply VAT accordingly. You therefore warrant and represent that you are a consumer and not acting as a Business Customer (as defined in clause 13.4). If you are acting as a Business Customer, without prejudice to any other remedies that we have against you, you shall indemnify us against the direct and indirect costs, claims, demands, actions and liabilities arising out of your breach of warranty under this clause (including but not limited to any costs, claims, demands, actions and liabilities arising out of or connected with the VAT applicable to the contract).
12.3 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 Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
12.4 What happens if we got 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 Products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Products’ 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 could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
12.5 When you must pay and how you must pay. We accept you must pay for the Products before your order can be processed. Payment can be made by most major credit and debit cards and by other online payment methods. We are not responsible for the card issuer or bank charging the cardholder as a result of the credit/debit card payment made in accordance with your order.
13. Our responsibility for loss or damage suffered by you
If you are acting as a consumer
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 loss or damage you suffer that is a foreseeable result of our breaking this contract but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if 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 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; and for defective Products under the Consumer Protection Act 1987
13.3 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 as further detailed in clauses 13.4 – 13.8 below.
If you are acting as a business customer
13.4 If you are acting in the course of a business, trade or profession in ordering and/or purchasing of Products (a Business Customer), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion. You shall also indemnify us in accordance with clause 12.2 above.
13.5 Without prejudice to clause 13.4, if you are acting as a Business Customer, we accept no liability (whether in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
- (a) loss of profits, revenue, sales, income, or business;
- (b) loss of savings;
- (c) loss of use or production;
- (d) loss of goodwill;
- (e) business interruption;
- (f) loss caused by delay or other late performance; and
- (g) indirect and consequential losses.
13.6 If you are acting as a Business Customer, you acknowledge and agree that all of our obligations to you are set out in these Terms.
13.7 If you are acting as a Business Customer, all other terms, warranties, representations and conditions implied by statute (including fitness for purpose) are excluded to the fullest extent permitted by law.
13.8 Nothing in these Terms limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
14. How we may use your personal information
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 always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its 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.
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 Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts.