ONLINE STORE TERMS AND CONDITIONS OF SALE
1. ABOUT US
1.1 Company details. We are Stuart Turner Limited, a company registered in England and Wales, with company number 00088368. Our company details are set out in section 20 “Our Company Details”.
1.2 Contacting us. You can contact us using the contact details set out in section 21 “Contact us”.
1.3 Information about us and our products. You can find everything you need to know about us and our products on our website, or from our Customer Service Team before you make an order.
1.4 There are other terms that also apply to you. These terms and conditions refer to additional policies which should also be read alongside these terms and conditions being our Delivery Policy and Returns Policy which will apply to all sales we make through our website.
2. OUR CONTRACT WITH YOU
2.1 In these terms and conditions:
2.1.1 “we” means Stuart Turner Limited;
2.1.2 “you” means our customer or prospective customer; and
2.1.3 “us”, “our” and “your” should be construed accordingly.
2.2 These terms and conditions apply to the sale and purchase of products through our website.
2.3 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
2.4 These terms and conditions apply to both consumers and business customers. If you are a consumer, this document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015) as set out in section 11.
2.5 If you are a business customer, these terms and conditions, including our Delivery Policy and Returns Policy, constitute the entire agreement between us in relation to your order. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.6 Please note that some sections of these terms and conditions only apply if you offer to contract with us, or contract with us, as a consumer and some sections only apply if you offer to contract with us, or contract with us as a business customer. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a consumer if you are an individual acting wholly or mainly outside your trade, business, craft or profession and you are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
3. ORDER PROCESS
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the products specified in the order subject to these terms and conditions. You can make a purchase via our website by following the steps below:
3.1.1 You must add the products you wish to purchase to your shopping cart and then proceed to the checkout.
3.1.2 You may checkout as a guest, in which case your details are only stored in relation to supporting the transaction.
3.1.3 If you are a business customer, you have the option to create an ‘Installer Club Membership Account’ or enter your existing log in details prior to proceeding.
3.1.4 You must then enter your contact details, billing and delivery address before being transferred to our payment service provider’s website and our payment service provider will handle your payment.
3.1.5 We will then send you an order confirmation to let you know that we have received your order and usually, within 48 hours, we will confirm that your order has been accepted or that we are unable to meet your order (as detailed below).
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 Order confirmation. After you place an order, we contact you to confirm we've received your order but please note that this does not mean that your order has been accepted.
3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the contract between you and us will come into existence.
3.5 If we cannot accept your order. If we are unable to supply you with the products for any reason, we will inform you of this by email 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 as soon as possible.
4. PRODUCTS
4.1 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 your computer's display of the colours accurately reflects the colour of the products. The colour of your products may vary slightly from those images.
4.2 We have made every effort to be as accurate as possible, however all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.3 The packaging of your products may vary from the images shown on our website.
4.4 In some circumstances, we may be able to change the products in accordance with section 12 “We can change products and these terms”.
5. DELIVERY, TRANSFER OF RISK AND TITLE
5.1 Our policies and procedures relating to the delivery of products are set out in our Delivery Policy.
5.2 We will arrange for the products you purchase to be delivered to the address for delivery set out in your order.
5.3 We will contact you with an estimated delivery date, which will be within 30 days following the date on which we email you to confirm our acceptance of your order or we receive payment, whichever is later. Any dates quoted for delivery are approximate only. Occasionally our delivery to you may be affected by an event outside our control. See section 15 “Events outside our control” for our responsibilities when this happens.
5.4 Delivery is complete once the products have been unloaded at the address for delivery set out in your order and the products will be at your risk from that time.
5.5 If we fail to deliver the products, our liability is limited to the cost of obtaining replacement goods of a similar description and quality. However, we will not be liable to the extent that any failure to deliver was caused by an event outside our control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
5.6 If you are a business customer and we deliver up to and including 5% more or less than the quantity of products ordered, you may not reject the delivery, but on receipt of notice from you that the wrong quantity of products was delivered, we shall make a pro rata adjustment to the invoice for the products.
6. INTERNATIONAL DELIVERY
6.1 We will only deliver products to addresses on the UK mainland.
6.2 In limited circumstances, we may agree to deliver to addresses outside the UK. However for delivery to addresses outside of the UK, please note that:
6.2.1 your order may be subject to import duties and taxes which are applied when the delivery reaches that destination;
6.2.2 we have no control over these charges and we cannot predict their amount;
6.2.3 you will be responsible for payment of any such import duties and taxes;
6.2.4 you will need to contact your local customs office for further information before placing your order;
6.2.5 you must comply with all applicable laws and regulations of the country for which the products are destined; and
6.2.6 we will not be liable or responsible if you break any such law.
7. PRICES
7.1 The prices of our products will be as quoted on our website at the time you submit your order. We take reasonable care to ensure that the prices of our products are correct at the time when the relevant information was entered onto the system. However, please see section 7.5 for what happens if we discover an error in the price of the products you ordered.
7.2 Prices for our products may change from time to time, but changes will not affect any order you have already placed.
7.3 All amounts stated for our products are set out on our website, inclusive of VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
7.4 The price of the products includes delivery charges. Our delivery charges (if applicable) are advised to you during the check-out process before you confirm your order.
7.5 We sell many products through our website. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
7.5.1 where the products’ correct price is less than the price stated on our website, we will charge the lower amount when dispatching the products to you; and
7.5.2 if the products’ correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the products 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.
However, if we mistakenly 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 cancel supply of the products and refund you any sums you have paid.
8. HOW TO PAY
8.1 When we charge you
8.1.1 We charge you when you place your order. Payment for the products and all applicable delivery charges are in advance.
8.1.2 You can only pay for the products using the permitted payment methods specified on our website from time to time.
8.1.3 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8.2 We charge interest on late payments
8.2.1 If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
9. RETURN AND REFUND
9.1 You have the right to cancel your order and receive a refund, if you notify us as set out in section 9.2 “How to cancel your order” at any time within 30 days following the date of dispatch of your order.
9.2 How to cancel your order. To cancel your order, you must email us at [email protected] or contact our Customer Services team by telephone on 01491 572 655 or by post to “Stuart Turner Ltd, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD”. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
9.3 Returning you order.
9.3.1 If products have been delivered to you before you decide to cancel the contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract.
9.3.2 To return the products, you need to email us at [email protected] or contact our Customer Services team by telephone on 01491 572 655 or by post to “Stuart Turner Ltd, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD” to obtain a return authorisation number.
9.3.3 All products must be returned directly to “Stuart Turner Ltd, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD” using an established delivery services. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it.
9.3.4 You must provide the authorisation number when returning the item.
9.3.5 You will be responsible for paying postage costs associated with returns of any products.
9.3.6 If we have offered to collect the products from you, we will collect the products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
9.3.7 If you have returned the products to us under this section 9 because they are faulty or mis-described, we will refund the price of the products and will refund you on the credit card or debit card used by you to pay.
9.3.8 For further details regarding returns, please see our Returns Policy. All orders placed by you are subject to this policy.
9.4 For consumers, please also see your rights in section 10 “Consumers - changing your mind”.
10. CONSUMERS - CHANGING YOUR MIND
10.1 This section 10 applies to consumers only. If you are a consumer, you also have a legal right to change your mind.]
10.2 Your legal right to change your mind. You have 14 days to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
10.3 The deadline for changing your mind. If you change your mind about a product, you must let us know no later than 14 days after the day, we deliver your product. If the products are split into several deliveries over different days, the period runs from the day after the last delivery.
10.4 You must return the product at your own cost. If you change your mind, you must return the products and any free gifts provided with it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost unless we offered free returns when you bought the products. You can send the product back to us. For help with returns please see section 9 “Return and refund”.
10.5 We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
10.6 We reduce your refund if you have used or damaged a product. If you handle the product in a way which reduces its value, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. You can contact our Customer Service Team by email [email protected] or call 01491 572 655, who can advise you on whether we're likely to reduce your refund.
10.7 When and how we refund you. If your products haven't been delivered, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If we have delivered your product, we refund you within 14 days of receiving the goods back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
11. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT
11.1 Manufacturer's guarantee. Some of the products we sell to you come with a manufacturer's warranty. For details of the applicable terms and conditions, please refer to the manufacturer's warranty provided with the products.
11.2 Warranty period. Products purchased from our website are automatically registered with the appropriate manufacturer's warranty as standard. If you are a consumer, this does not affect your statutory rights as set out below.
11.3 Return the product to us. If you think there is something wrong with your product, you must contact our Customer Service Team by email [email protected] or call 01491 572 655.
11.4 Remedies available. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.
11.4.1 If you are a business customer, you may return the product within the warranty period where a product does not conform in all material respects to its description, the design, material and workmanship become defective, and is no longer considered to be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
Unless an exception applies (as detailed below) we shall at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
11.4.2 If you are a consumer, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get a 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.
For consumers, detailed information regarding your rights please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us set out in section 18 “Disputes”.
11.5 Exceptions to the warranty. We will not be liable for a product's failure to comply with the warranty given by us if:
11.5.1 you make any further use of such product after telling us it is non-compliant;
11.5.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
11.5.3 the defect arises because we followed any drawing, design or specification supplied by you;
11.5.4 you alter or repair the product without our written consent; or
11.5.5 the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12. WE CAN CHANGE PRODUCTS AND THESE TERMS
12.1 Changes we can always make. We can always change a product:
12.1.1 to reflect changes in relevant laws and regulatory requirements, for example some products might need to be changed or withdrawn from sale at short notice and may no longer be available on our website in order to comply with a regulatory requirement; and
12.1.2 to make minor technical adjustments and improvements, for example to address any technical issues with our products, for example, some products are designed to fit or connect together. These are changes that should not affect your use of the product.
12.2 Changes we can only make if we give you notice and an option to terminate. We can also make some changes to the product or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team by email [email protected] or call 01491 572 655 to end the contract before the change takes effect and receive a refund for any products you've paid for in advance but won't receive. For example, if products are withdrawn from sale and no longer available, or if their functionality or specification is materially different to what was on our website when you placed an order.
13. WITHDRAWING PRODUCTS
13.1 We can withdraw products. We can stop providing a product on our website. If we do, we let you know in advance and we refund any sums you've paid in advance for products which won't be provided.
14. ENDING OUR CONTRACT WITH YOU
14.1 We can end our contract with you for a product and claim any compensation due to us if:
14.1.1 you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
14.1.2 you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
14.1.3 you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.
14.2 If we end our contract with you under this section 14 we will cease to have any obligation to deliver products which are undelivered at the date of cancellation.
15. EVENTS OUTSIDE OUR CONTROL
15.1 If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay.
15.2 If the delay is likely to be substantial, you can contact our Customer Service Team by email [email protected] or call 01491 572 655 to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
16. LIMITATIONS AND EXCLUSIONS OF LIABILITY
16.1 We don't compensate you for all losses caused by us or our products. Whether you are a consumer or a business, we will not be responsible for your losses where the loss is:
16.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
16.1.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the section 15 “Events outside our control”.
16.1.3 Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your product by not following the instructions provided.
16.2 Our liability to businesses. If you're a business, then, except in respect of the losses described in section 16.3 “Losses we never limit or exclude”:
16.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of or damage to profits sales. business, revenue, corruption of data, information, production, anticipated savings, business, contracts, commercial opportunities or goodwill or any indirect or consequential loss arising under or in connection with any contract between us; and
16.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the relevant products under such contract.
16.3 Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
16.3.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
16.3.4 defective products under the Consumer Protection Act 1987; or
16.3.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.4 No implied terms about goods. If you are a business, except to the extent expressly stated in these terms and conditions, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
17. HOW WE USE YOUR PERSONAL DATA
17.1 We use your personal data as set out in our privacy notice.
18. DISPUTES
18.1 You have several options for resolving disputes with us.
18.1.1 Our complaints policy. Our Customer Service Team by email [email protected] or call 01491 572 655 will do their best to resolve any problems you have with us or our products as per our internal complaints procedure. You can request a copy of our internal complaints procedure by contacting our Customer Service Team.
18.1.2 Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Retail ADR through their website at https://www.retailadr.org.uk/. Retail ADR does not charge you for making a complaint and if you're not satisfied with the outcome, you can still go to court.
18.1.3 You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
19. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
19.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer, we'll contact you to let you know if we plan to do this. If you're a consumer and you're unhappy with the transfer you can contact our Customer Service Team by email [email protected] or call 01491 572 655 to end the contract within 48 hours of us telling you about it and we will refund you any payments you've made in advance for products not provided.
19.2 You can only transfer your contract with us to someone else if we agree to this. If you're a consumer or a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.
19.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
19.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
20. OUR COMPANY DETAILS
20.1 Our company details are set out below:
| Company name |
Stuart Turner Limited |
| Company number |
00088368 |
| Trading name |
Stuart Turner Ltd |
| Registered office |
Stuart Turner Limited, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD |
| Main trading address |
Stuart Turner Limited, Market Place, Henley-on-Thames, Oxfordshire RG9 2AD |
| VAT number |
GB193762768 |
20.2 We own and operate the website stuart-turner.co.uk.
21. CONTACT US
You can contact us by using by any of the following methods: