Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to. Summary of some of your key rights: By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. 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 you're entitled to the following: • up to 30 days: if your goods are faulty, then you can get a refund; • up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases; • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06. The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out: • your legal rights and responsibilities; • our legal rights and responsibilities; and • certain key information required by law. In this contract: • ‘We’, ‘us’ or ‘our’ means James Hart t/a Cloud 69; and • ‘You’ or ‘your’ means the person using our site to buy goods from us. If you don’t understand any of this contract and want to talk to us about it, please contact us by: • email [firstname.lastname@example.org (Monday to Friday 9am to 5pm); and • telephone 07951093169 (Monday to Friday: 9 am to 5pm]).
Who are we? We are James Hart t/a Cloud 69 Our business premises are at Near Scotland farm, Chapman Lane, Hoddlesden Darwen, Lancs, BB3 3QU with email address email@example.com; (the Supplier or us or we). The details of this contract will not be filed with any relevant authority by us.
1 Introduction If you buy goods on our site (www.cloud69.co.uk): 1.1 you agree to be legally bound by this contract. 1.2 You may only buy goods from our site for non-business reasons. 1.3 This contract is only available in English. No other languages will apply to this contract. 1.4 When buying any goods you also agree to be legally bound by: 1.4.1 our website terms and conditions and any documents referred to in them; 1.4.2 our terms and conditions and any documents referred to in them; 1.4.3 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month's notice. You can end this contract at any time by giving one month's notice if we tell you extra terms apply; and All these documents form part of this contract as though set out in full here. 2 Information we give you 2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please: 2.1.1 click on the see the key information set out above http://www.legislation.gov.uk/uksi/2013/3134/conte...
2.1.2 read the acknowledgement email (see clause 3.2.1); or 2.1.3 contact us using the contact details at the top of this page. 2.2 The key information we give you by law forms part of this contract (as though it is set out in full here). 2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it. 3 Ordering goods from us 3.1 Below, we set out how a legally binding contract between you and us is made. 3.2 The order process is set out on the site. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. 3.2.1 When you place your order at the end of the online checkout process (eg when you click on the [‘pay now’ button]), we will acknowledge this by email. This acknowledgement does not, however, mean that your order has been accepted. 3.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons: (a) the goods are unavailable; (b) we cannot authorise your payment; (c) you are not allowed to buy the goods from us; (d) we are not allowed to sell the goods to you; (e) you have ordered too many goods; or (f) there has been a mistake on the pricing or description of the goods. 3.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point: (a) a legally binding contract will be in place between you and us; and (b) we will dispatch the goods to you. 3.3 If you are under the age of 18 you may not buy any goods from the site. 4 Right to cancel this contract 4.1 You have the right to cancel this contract within 14 days without giving any reason. 4.2 The cancellation period will expire after 14 days from the day we send you the Confirmation Email. 4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory. Cancellation form To James Hart t/a Cloud 69, Near Scotland farm, Chapman Lane, Hoddlesden, Darwen, Lancs, BB3 3QU, email firstname.lastname@example.org: I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] 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
4.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 5 Effects of cancellation 5.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). 5.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. 5.3 We will make the reimbursement without undue delay, and not later than: 5.3.1 14 days after the day we received back from you any goods supplied; or 5.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or 5.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. 5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 5.5 If you have received goods: 5.5.1 you shall send back the goods or hand them over to us at our business address, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired 5.5.2 you will have to bear the direct cost of returning the goods. 5.5.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6 Delivery 6.1 The estimated date and time window for delivery of the goods is set out in the Confirmation email (see clause 3.2.3). 6.2 If something happens which: 6.2.1 is outside of our control; and 6.2.2 affects the estimated date of delivery; we will let you have a revised estimated date for delivery of the goods. 6.3 Delivery of the goods will take place when we deliver them to the address that you gave to us. 6.4 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will: 6.4.1 let you know; 6.4.2 cancel your order; and 6.4.3 give you a refund. 6.5 If nobody is available to take delivery, please contact us using the contact details at the top of this page. If your failure to take delivery is through no fault of ours, we may charge the reasonable costs of storing and redelivering them. 6.6 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods. 6.7 We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we do not take responsibility for such payments. 7 Payment 7.1 We accept the following credit cards and debit cards: Visa, Mastercard 7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. 7.3 [Your credit card or debit card will only be charged when the goods are dispatched]. 7.4 We also use Paypal to process your payment Paypal uses an encrypted secure payment mechanism to protect your payment details. Purchase protection covers all eligible purchases where PayPal is used (use the paypal link below to find out what this means for you). We take payment from your PayPal account at the time we receive your order, once we have checked your PayPal details and stock availability. 7.5 Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. 7.6 Terms and conditions for payments made through Paypal can be found at www.paypal.co.uk (this link will open in a new window). (We are not responsible for the content of external websites.) 7.7 Nothing in this clause 7 affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5. 7.8 The price of the goods: 7.8.1 is in pounds sterling (£)(GBP); 7.8.2 includes VAT at the applicable rate; and 7.8.3 does not include the cost of delivering the goods (if you want delivery options and costs, these are set out on the site and you should check these before you place your order) 8 Nature of the goods 8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods: 8.1.1 are of satisfactory quality; 8.1.2 are fit for purpose; 8.1.3 match the description, sample or model; and 8.1.4 are installed properly (if we install any goods). 8.2 We must provide you with goods that comply with your legal rights. 8.3 The packaging of the goods may be different from that shown on the site. 8.4 While we try to make sure that: 8.4.1 all weights, sizes and measurements set out on the site are as accurate as possible; and 8.4.2 the colours of our goods are displayed accurately on the site; Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. 8.5 Any goods sold: 8.5.1 at discount prices; 8.5.2 as remnants; or 8.5.3 as substandard; will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use. 8.6 If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case: 8.6.1 we will let you know if we intend to do this but this may not always be possible; and 8.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for. 9 Faulty goods 9.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please: 9.1.1 contact us using the contact details at the top of this page; or 9.1.2 visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06. 9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. 9.3 Please contact us using the contact details at the top of this page, if you want: 9.3.1 us to repair the goods; 9.3.2 us to replace the goods; 9.3.3 a price reduction; or 9.3.4 to reject the goods and get a refund. 10 End of the contract If this contract is ended it will not affect our right to receive any money which you owe to us under this contract. 11 Limit on our responsibility to you 11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for: 11.1.1 losses that: (a) were not foreseeable to you and us when the contract was formed; or (b) that were not caused by any breach on our part;