Online consumer goods terms and conditions of sale
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Sozo Systems Limited a company registered in England and Wales. Our company registration number is 9491015 and our registered office is at New Kings Court Tollgate, Chandler’s Ford, Eastleigh, Hampshire, SO53 3LG. Our registered VAT number is GB 226004845
2.2 How to contact us. You can contact us by emailing: firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products may vary slightly from their pictures. 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 a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 10% tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
5. Providing the products
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.2 will apply.
5.5 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the goods;
5.6 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 5.5 or clause 5.6, you can cancel your order for any of the goods not delivered.
5.8 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us.
5.9 When you own goods. You own a product which is goods once we have received payment in full.
5.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, selected options or personal details. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements.
5.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 10.3/4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 10.5). We will not charge you for the products during the period for which they are suspended.
6. Your rights to end the contract
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract . (see clause 9);
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
- If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to see Clause 4.3;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late see clause 5.5.
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of any products which become mixed inseparably with other items after their delivery.
6.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- you have 14 days after the day you (or someone you nominate) receives the goods.
7. How to end the contract with us (including if you have changed your mind)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- email us at: email@example.com – Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.You must post them via Registered or Tracked post back to us at Unit 6 Riverside Business Park, st annes Road, Bristol, BS4 4ED , UK. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- In all other circumstances you must pay the costs of return.
7.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- Your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 8.2.
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time, allow us to deliver the products to you.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract,as compensation for the net costs we will incur as a result of your breaking the contract.
9. If there is a problem with the product
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at : firstname.lastname@example.org
9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us via Registered or Tracked post.
10. Price and payment
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.4 When you must pay and how you must pay. We accept payment with Most Major credit and debit cards (payment taken by world pay ). You must pay for the products before we dispatch them.
10.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
11. Our responsibility for loss or damage suffered by you
11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 9.2.
11.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation, loss of business, business interruption, or loss of business opportunity and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by you. Nothing in this clause shall restrict or limit your general obligation at law to mitigate a loss you may suffer or incur as a result of an event that may give rise to a claim under this indemnity.
12. How we may use your personal information
12.1 How we will use your personal information. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
12.2 We may transfer your personal data outside the European Economic Area for the purpose of storage including cloud storage.
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the courts of England and Wales.
13.6 This agreement shall be construed and interpreted under the laws of England and Wales. If you reside in a member state of the European Community the parties submit to the exclusive jurisdiction of the courts of England and Wales in the event of any dispute. In all other cases the parties agree that disputes shall be referred to arbitration under the rules of UNCITRAL. The arbitration shall take place in London with one arbitrator sitting whose decision shall be final and binding.