PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO YOUR RIGHTS OF RETURN AND CANCELLATION IN CLAUSE 8 AND THE LIMITS TO OUR LIABILITY IN CLAUSE 10.
1. Our Contract
1.1 These Terms and Conditions govern the supply of the goods you have purchased to you at our premises, or off-premises (for example), during the course of product installation at your property), as applicable, at which point a legally binding contract is constituted between us.
1.2 We must receive payment of the whole of the price for the goods and delivery (where applicable) before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are despatched. Only at this point is a legally binding contract created between us.
2.1 When selecting a product advertised for sale on our website, you may place the order by following the on-screen prompts, after clicking on the item you wish to order. You will have an opportunity to check and correct any errors up until the point you place your order by clicking the ‘Pay with Card’ Button on the checkout page. Thereafter you will have the right to cancel as laid out in the Consumer Rights Directive June 2014, details of which are set out on the Right to Cancel page of our website.
2.2 All orders placed by you and goods purchased from us, are subject to acceptance by us (as described in Clause 1.3). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Collection in Person
3.1 The terms set out under this Clause apply to ‘Collection in Person’ orders.
3.2 This service is available on all goods listed as available from stock on our website.
3.3 In accordance with clause 1.2 acceptance of our order and the formation of a contract between us will take place when we hand the purchased goods over to you at our premises or during the course of the installation of a product, at your premises.
3.4 If you need to cancel your order after it has been submitted, please call our Customer Support Team on 0345 257 1000.
3.5 Goods are only available for collection during normal opening hours, see the website for details.
4.1 All goods are subject to availability. We endeavour to hold sufficient stock to fulfil all orders and purchases. In the unlikely event that we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have supplied to us and ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you in full the price you have paid for such goods as soon as possible, and in any event within 14 days.
5. Price & Payment
5.1 The prices payable for goods that you order are as set out on our website, plus any charge for delivery as advised to you. All prices are inclusive of VAT at the current rate and are correct at the time of going to press. We reserve the right to update any product price at any time, which will then supersede any previous published prices, and to decline or limit the order quantity.
5.2 Occasionally, an error may occur and goods may be incorrectly priced in which case we will not be obliged to supply the goods at the incorrect price or at all. We will, at our discretion either cancel your order and refund the price you have paid or use every reasonable endeavour to contact you and ask if you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
5.3 We have taken every care in the preparation of the content of this website to ensure that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods. Any weights, dimensions and capacities given about the goods are approximate only.
5.4 From time to time we advertise goods at promotional prices, where a promotion code is given the code must be quoted otherwise you may be charged the full price.
5.5 For website orders payment can be made by most major credit/debit cards or by PayPal by completing the relevant details at the checkout page. By using a credit/debit card or PayPal to pay for your order you confirm that the card/account being used is yours or that you are authorised to use it.
5.6 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment will not accept your order or purchase, we will not be obliged to inform you of the reason for refusal and will not be liable for the item not being delivered or provided to you.
5.7 We strongly recommend that you do not communicate your payment card details to anyone, including us, in writing or by any electronic means of communication such as an email. Subject to Clause 10.4, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
6. Delivery & Title
6.1 Our delivery charges are as set out on the Delivery & Returns page of our website.
6.2 Unless, by prior arrangement, you collect the goods from us, we will deliver the goods to the address you specify for delivery in your order. It is important that the address you provide is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 14 days from the day after the day we received your order, unless agreed otherwise. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
6.3 Before placing your order, please refer to the delivery options set out on our website or as quoted to you by our Customer Support Team if placing an order over the telephone. A valid signature may be required on collection or delivery. In the unlikely event that you do not receive all of the goods you have ordered, you must notify us immediately. We suggest that you do not schedule or commence any installation work until after you have received your order and checked all goods for any defects or missing parts.
6.4 You must make every reasonable effort to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 14 days of the failed delivery. If delivery fails due to steps within your reasonable control, the cost of re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price paid for the goods, less the failed delivery cost.
6.5 Without prejudice to clause 6.4, upon delivery of the goods to you or your collection of the goods, the goods shall be at your risk and responsibility. Regardless of delivery or collection, ownership (also known as ‘title’) of the goods will only be passed to you when the full price of the goods has been paid by 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.
6.6 Claims for damage, shortages or non-delivery must be advised by telephone or email within 7 days from the date that the goods were despatched. (Refer to Clause 10 for contact details).
7. Manufacturer’s Warranties & Guarantees
7.1 Some of our goods are sold with the manufacturer’s warranty, guarantee or similar assurance (please refer to the relevant product description on our website for further details), some of our goods are supplied with our own manufacturer’s guarantee. In all cases any complaint, query or claim under a manufacturer’s warranty should be made direct to our Customer support Team on 0345 257 1000 or by email at: firstname.lastname@example.org.
7.2 Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
8. Cancellation, Returns & Refunds
8.1 If you are contracting with us as a consumer online or by phone, you have a statutory right to cancel all or part of your contract at any time up to 14 working days after the day on which you receive the goods or services you ordered. If you are cancelling your order under our supplemental 30 day Goodwill Return guarantee, notice of cancellation must be received within 30 days after the day on which you receive the goods (this does not affect your statutory rights). Any paid delivery charged at our standard delivery rate will be refunded to you if you return all of your order. If you cancel part of your order, we will not refund the delivery charges. If you expressly opted for a type of delivery other than the least expensive standard delivery offered, for example: expedited/courier delivery, we are not required by law to reimburse you for the supplementary costs over and above the cost of standard delivery.
8.2 You will lose your right to cancel after the expiry period referred to in clause 8.1 (this does not affect your statutory rights if there is any problem with the goods). If you are considering cancelling your order because of any problem with the goods, please notify us of the problem prior to or at the time of cancellation.
For further information and full details about your statutory rights, contact your Local Authority Trading Standards Department or Consumer Advice Centre (for example the Citizens Advice Bureau).
8.3 To exercise your right to cancel, you may inform us of your decision by post, phone, email, or in person at our premises. See Clause 20.1 for our contact details. You may also use the model cancellation form which is available for download on our website page ’Right to Cancel’ to cancel your order, but you are not obliged to do so.
If you wish to cancel a product or service, the following terms apply:
• You must take reasonable care of the goods while in your possession and they must be returned to us in their entirety.
• Products should be returned in or with their original packaging, unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instructions before disposing of hazardous goods.
• Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. When contacting us to arrange for your product to be returned you will be issued with a Returns Reference Number which must be quoted in all communication.
• Damage during the course of returning products: if you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable) to such loss or damage.
• Other cancelled products: If you wish to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within 14 working days after the day you receive the goods or services, in accordance with the Distance Selling Regulations or otherwise as soon as possible. Please refer to clause 9 if returning the goods under our supplemental 30 day Goodwill Return Guarantee.
8.4 Following cancellation as set out above, we will refund you the price paid for the cancelled order (or part of the order cancelled). We will also refund the standard delivery charge (or an equal amount to those charges if you elect to use a more expensive delivery method). If you are cancelling under our additional ‘No Quibble’ 30 day money back guarantee then please refer to clause 8.2 in relation to delivery charges.
We will pay the refund within 14 working days after the day:
• you notified us to cancel your order, where you have not received the goods; or,
• we receive the goods you returned to us, where you are in receipt of the goods; or
• you provide us with proof of return for the goods, where you have returned the goods but we have not yet received them.
8.5 We will refund you using the same means of payment as you used to pay for your order or purchase.
For further details about how to exercise your cancellation rights please see the Right to Cancel Page on our Website.
8.6 In the case of faulty goods, we will meet the cost of return delivery by the carrier method we advise to you. We will not be held responsible for any additional cost of return delivery over and above the delivery method we have provided to you. Your right to return goods in these circumstances is not limited to the statutory 14 day period or our extended 30 day ‘No Quibble’ money back guarantee period as detailed in clause 9.
8.7 Without prejudice to your right to cancel orders generally under this clause 8, if you have notified us of a problem with the goods within the period set out in clause 9, we may at our discretion either offer to make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery or collection; or cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.
8.8 In the event that an item develops a fault after 30 working days following the day of delivery or collection, please contact our Customer Support Helpline to arrange for repair service or warranty, replacement or refund.
Legal Rights as a Customer
8.9 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
9. 30 day ‘No Quibble’ Money Back Guarantee (Goodwill Return Policy)
9.1 In addition to your statutory rights, we offer a supplemental 30 day Goodwill Return Guarantee should the goods you have purchased not meet with your requirements for any reason. Our Goodwill Return Guarantee does not in any way affect your legal rights under the Distance Selling Regulations or other legislation.
Our Goodwill Return policy (refund or exchange), (where there is no legal right to a refund or exchange under the Distance Selling Regulations or otherwise, is offered against goods that are returned to us in a resalable condition and are accompanied by a valid Returns Reference Number (as supplied to you by our Customer Support Helpline), that are received within 30 days after the day on which you receive the goods.
9.2 The cost of outward bound and return postage is your responsibility and is non-refundable, unless otherwise agreed by prior arrangement.
10.1 If you purchase goods from us as a consumer (anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any;
10.1.1 Losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
10.1.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
10.2 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.
10.3 Goods are intended for UK use only. We cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
10.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may 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. You have certain rights as a consumer including legal rights (under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or mis-described goods.
11.1 We reserve the right to suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are unable to pay your debts when they fall due, or proceedings are/or are reasonable likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
11.2 We also reserve the right to terminate your order if:
11.1.1 We have insufficient stock to deliver the goods you have ordered;
11.1.2 We do not deliver to your area; or
11.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do not process your order for the reasons as set out in clause 11.2 we will notify you in writing-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
12. Events Beyond our Control
12.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered here-under or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, failure of telecommunications networks, flood, storm, earthquake, natural disaster, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restrains of Government, and imposition or restrictions of imports or exports).
13. Disposal of Electrical and Electronic Equipment
13.1 The WEEE regulations (January 2007) relate to reducing the amount of waste on certain electrical and electronic equipment by separating from household waste, collected separately and ultimately disposing of, in a sound environmental manner (recycled and recovered), Electrical and Electronic Equipment. For the correct disposal of household waste, please take it to your nearest Designated Collection Facility (DCF). For battery disposal please visit www.recyclenow.co.uk.
14.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of other provisions of these Terms and conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
15.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (Response Electronics Limited, Roman House, Lysons Avenue, Ash Vale, Surrey, GU12 5QF) and all notices from us to you will be displayed on our website from time to time.
16. Changes to legal notices
16.1 We reserve the right to change these terms and conditions from time to time, please refer to them as often as possible.
17. Trading Names
17.1 MrDoorbell, miSmartHome, Securicare and Securicare UK are Trading Names of Response Electronics Limited and are covered by these Terms & Conditions, as set out by Response Electronics Limited, A Division or ERA Home Security.
18. After Sales Customer Support
18.1 Our Customer Support Helpline can be reached on: 0345 257 1000 or by email at: email@example.com.
19. Website Terms & Conditions
19.1 Our Website Terms & Conditions are as set out on our website page: Website Terms & Conditions
20. Contact Details & Complaint Handling
20.1 If you wish to cancel or discuss your order, or make a complaint regarding your order, please contact us by post at:
Response Electronics Ltd, Roman House, Lysons Avenue, Ash Vale, Surrey, GU12 5QF. By phone on: 0345 257 1000.
By email at: firstname.lastname@example.org.
"Dated: October 2016"