Terms and Conditions of Supply of Goods
TERMS AND CONDITIONS OF SUPPLY OF GOODS
YOUR ATTENTION is drawn in particular to the provisions of clause 12.
This website www.retailmerchantservices.co.uk (“Website”) is owned and operated by Retail Merchant Services Limited (“We”, “Us”, “Our”). Our VAT number is GB91157847. Our registered office is at Retail Merchant Services Limited, Matrix House, North Fourth Street, Milton Keynes, MK9 1NJ (“Registered Office”).
This page (together with Our Returns Policy, provides information about Us and the legal terms and conditions (“Terms”) on which We may sell any of the products (“Products”) listed as available to sell on Our Website to You.
These Terms will apply to any contract between Us and You for the supply of Products (“Contract”). Please read these Terms carefully and make sure that You understand them, before ordering any Products from the Website. Please note that before placing an order You will be asked to agree to these Terms. If You refuse to accept these Terms, You will not be able to order any Products from the Website.
You should print a copy of these Terms or save them to Your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time You wish to order Products, please check these Terms for any updates and to ensure that You understand the Terms which will apply at that time.
These Terms, and any Contract between Us and You, are only in the English language.
1. CONTACT US
1.1 You may contact Us by telephoning Our customer service team on 01908 354 500 or by e-mailing Us at firstname.lastname@example.org. If You wish to give Us formal notice of any matter in accordance with these Terms, please see clause 14.
2. OUR PRODUCTS
2.1 The images of the Products on the Website are for illustrative purposes only. Any Products that You order may vary from those images to some extent.
2.2 The packaging of the Products may vary from any packaging shown on images on the Website.
3. USE OF THE WEBSITE
4. THE CONTRACT
4.1 By entering into a Contract with Us, You confirm that You have authority to bind any business on whose behalf You use the Website to purchase Products.
4.2 These Terms and any document expressly referred to in them constitute the entire agreement between You and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.
4.3 You acknowledge that in entering into this Contract You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4.4 You and We agree that neither of Us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages will guide You through the steps You need to take to place an order with Us. Our order process allows You to check and amend any errors before submitting Your order to Us. Please take the time to read and check Your order at each page of the order process.
5.2 After You place an order, You will receive a notification or email from Us acknowledging that We have received Your order.
5.3 If We are unable to supply You with a Product, for example because that Product is not in stock or no longer available or because We cannot meet Your requested delivery date or because of an error in the price on the Website as referred to in clause 9, We will inform You of this by e-mail and We will not process Your order. If You have already paid for the Products, We will refund You the full amount including any delivery costs charged.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please ensure that You read these terms each time You purchase Products from Us.
6.2 Every time You order Products from Us, the Terms in force at the time of Your order will apply to the Contract between You and Us.
6.3 We may revise these Terms as they apply to Your order from time to time in accordance with clause 6.4 below.
6.4 If We have to revise these Terms as they apply to Your order, We will contact You to give You reasonable advance notice of the changes and let You know how to cancel the Contract if You are not happy with the changes.
7. RETURNS AND REFUNDS
Your right to return Products and any rights to receive a refund are set out in Our Returns Policy.
8.1 Delivery is usually made within 48 business hours, however during peak periods delivery may take up to 5 business days. Please let us know if your order is urgent at the time of purchase. Occasionally Our delivery to You may be affected by an Event Outside Our Control. See clause 13 for Our responsibilities when this happens.
8.2 Delivery of an Order shall be completed when the Products are delivered to the address You gave Us and the Products will be Your responsibility from that time.
8.3 You will only own the Products once We have received payment in full, including all applicable delivery charges.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on the Website at the time You submit Your order, subject to clause 9.6.
9.2 Prices for Our Products may change from time to time, but changes will not affect any order You have already placed and which has been accepted by Us in accordance with clause 5.3.
9.3 The prices of the Products displayed on the Website are exclusive of VAT and any other applicable taxes.
9.4 The price of a Product does not include delivery charges.
9.5 The delivery charge on orders to be delivered to the UK mainland shall be zero save where You have opted for a next-day or other premium delivery service. The delivery charge on orders to be delivered anywhere outside of the UK mainland shall be determined before You complete Your order and will be confirmed to You during the check-out process.
9.6 If We discover an error in the price of the Products You have ordered or in the applicable delivery charge We will contact You to inform You of this error and We will give You the option of either continuing to purchase the Product at the correct price or cancelling Your order. We will not process Your order until We have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You in writing.
10. HOW TO PAY
10.1 Payment shall be made using one of the debit card or credit card types offered by Us during the check-out process. Such payments will be administered and processed by Secure Trading Limited and Elavon Financial Services DAC (“Payment Processors”).
10.2 We do not accept payment using cards that are not listed, or by any other method.
10.3 By making Your payment using Our Payment Processors You agree to each of Our Payment Processor’s terms and conditions in relation to the processing of Your payment.
10.4 We do not guarantee and shall not be liable to You in any way in respect of the performance or reliability of the services provided by Our Payment Processors.
10.6 Payment for the Products and all applicable delivery charges is in advance.
11. MANUFACTURER GUARANTEES
Some of the Products we sell to You may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
12. LIMITATION OF LIABILITY
12.1 We shall be under no liability to You whatsoever:
(a) in respect of any defect or lack of fitness in the Products arising from any specification supplied by You or arising in the manner in which the Products are used or applied or incorporated into other products by You or a third party;
(b) in respect of defects arising from fast wear and tear, wilful damage, negligence, abnormal working/storage conditions, failure to follow Our (or any other) instructions, misuse or alteration of the Products without Our approval;
(c) if the total price for the Products (including any delivery charges) has not been paid; and
(d) in respect of Products not manufactured by Us, in which case You shall only be entitled to the benefit of warranty or guarantee as is given by such manufacturers to the end user of such Products.
12.2 Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for Your purposes.
12.3 Where a valid claim is made under this Contract, We may, at our discretion, either replace the Products or refund the price of the Products to You, in which case We shall have no further liability to You.
12.4 Nothing in these Terms limits or excludes any liability which cannot be limited or excluded by law.
12.5 Subject to clause 12.4, We will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.6 Subject to clause 12.4, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased by You.
12.7 You agree to indemnify Us and bear Us fully indemnified against all losses, liabilities, costs, claims, demands, expenses and actions which We may suffer or incur as the result of Your breach of any of the Terms contained herein or as the result of any resale of the Products to any third party.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If You opt to cancel, You will have to return (at Your cost) any relevant Products You have already received and We will (at Our discretion) refund the price You have paid, including any delivery charges.
14. COMMUNICATIONS BETWEEN US
14.1 When We refer, in these Terms, to "in writing", this will include e-mail.
14.2 Any notice or other communication given by You to Us, or by Us to You, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
14.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at Our Registered Office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day (being a day other than a Saturday, Sunday or a bank holiday) after posting or if sent by e-mail, one business day after transmission.
14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. OTHER IMPORTANT TERMS
15.1 We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect Your rights or Our obligations under these Terms.
15.2 You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
15.3 This Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
15.6 Any Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.7 You and We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).