EcoGadgets LtdTerms and Conditions.|
1 The contract between us
We will acknowledge receipt of your order by e-mail. We will process your payment for the whole of the price for the goods that you have ordered, and for delivery, before your order is dispatched to you. Processing of your payment constitutes our acceptance of your order, of which we will notify you by e-mail. Our acceptance of your order brings into existence a legally binding contract between us. Once payment has been received by us we will dispatch the goods to you at the address you provide in your order form.
2.1 The prices payable for goods that you order are as set out in our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our delivery policy.
3 Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the day after you receive the ordered goods. You do not need to give us any reason for canceling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us by e-mail.
3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are canceling your contract, any sum debited to us from your account will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation. If the goods have already been dispatched, we ask that you return them at your own expense. Alternatively, we can arrange to collect them, but we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4 Alteration by us and right for us not to enter into a contract
4.1 We reserve the right to alter prices, availability and product descriptions, but these will not be altered once we have entered into a contract.
4.2 We reserve the right not to enter into a contract.
4.2.1 If we do not wish to enter into a contract we will notify you by e-mail within five working days; we will not process your payment. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of goods to you
5.1 We will arrange for delivery of the goods ordered by you to the address you give us for delivery at the time we accept your order.
5.2 We will make every effort to ensure delivery will be made as soon as possible after your order is accepted and in any event within 21 days.
5.3 We will use reputable parcel carriers. However, if for some reason we cannot deliver within 30 days we will tell you immediately and agree an alternative delivery date. If we cannot agree an alternative date we will offer a refund.
5.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail at our contact address of the problem within a reasonable time.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail at our contact address of the problem within a reasonable time.
6.3 If you notify a problem to us under condition 6.1 or 6.2, we will, at your option:
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss for:
6.4.1 losses that were not foreseeable to both parties when the contract was made;
6.4.2 losses that were not caused by any breach on the part of the supplier;
6.4.3 business losses and/or losses to non consumers.
6.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.6 Notwithstanding the foregoing clauses, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. Your statutory rights are not affected.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent to our contact email address as advertised from time to time on our website and all notices from us to you will be displayed on our website from to time. With regard to matters affecting your order specifically, we will contact you via email at the address given on your order form.
8 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected, so long as the contract is capable of continuing in existence without the unenforceable terms.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Governing law
The contract between us shall be governed by and interpreted in accordance with Scottish/UK law and these courts shall have jurisdiction to resolve any disputes between us.
13 Data Protection
a) We never send random marketing emails to personal email addresses (spam).
c) We conform to the requirements of the Data Protection Act, 1998.