1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. They 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 4MUK AND HOW TO CONTACT US
2.1 Who we are. We are 4M UK CIO, a Charitable Incorporated Organisation registered with the Charities Commission under number 1170137, whose registered office is at 16 Barwick Close, Rustington, West Sussex, BN16 3TT.
2.2 How to contact us. You can contact us by emailing us at email@example.com or by writing to us at Homestead, London Road East, Amersham, Buckinghamshire, England, HP7 9DT.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we have received payment for 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. If payment has already been collected, you will promptly be reimbursed. We might be unable to accept your order because the product is out of stock, 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 Despatch. We will send you an email letting you know when we have despatched your order.
3.4 Territory. Our website is intended for the promotion of our products in the UK. If you require delivery to an address outside the UK we cannot guarantee delivery within the timescales set out in clause 7. Any customs duties or other charges payable in the country of delivery must be paid by you.
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.
4.2 Making sure your measurements are accurate. If you are ordering a garment you are responsible for ensuring that the size you have ordered is correct. You can find information and tips on how to measure on our website or by contacting us by emailing firstname.lastname@example.org.
5. PRICE AND PAYMENT
5.1 Price. The price of the product (which includes VAT, where applicable) 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 12.3 for what happens if we discover an error in the price of the product you order.
5.2 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.
5.3 What happens if we got the price wrong. It is always possible that, despite our best 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.
5.4 When you must pay and how you must pay. We accept payment with Visa, MasterCard, American Express and Apple Pay. You must pay for the products before we dispatch them.
6. CHANGES TO THE ORDERED PRODUCT
6.1 Your right to make changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible.
6.2 Our right to make changes. We may change or remove a product:
(a) to reflect changes in relevant laws and regulatory requirements; or
(b) if it is no longer available from our suppliers.
7.1 Delivery method and costs. The costs of delivery are as displayed on our website at the time of your order. We use Royal Mail.
7.2 When we will deliver. We will deliver your order as soon as reasonably possible and in any event within 30 days after the day on which we accept your order, or we will contact you with an estimated delivery date, which will be within 10 days after the day on which we accept your order.
7.3 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.
7.4 When you become responsible for the product. A product ordered by you will be your responsibility from the time the product you order is delivered to the address you gave us or you or a carrier organised by you collect it from us.
7.5 When you own your order. You own a product once we have received payment in full.
7.6 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, your address. If so, this will have been stated in the description of the products on our website. We will contact you 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 cancel your order.
8. YOUR RIGHTS TO CANCEL
8.1 If the item is faulty or misdescribed. If what you have bought is faulty or misdescribed you may cancel your order (or get the product replaced or get some or all of your money back), see Clause 11.
8.2 If you have just changed your mind about the product, see Clause 8.3. 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 the ordered item(s).
8.3 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:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
(b) 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;
(c) there is a risk that supply of the product(s) may be significantly delayed because of events outside our control;
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 7.8).
8.4 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.
8.5 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by 4MUK to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 11.2):
Right under the Consumer Contracts Regulations 2013
|How our goodwill guarantee is more generous|
|14-day period to change your mind.||30-day period to change your mind. |
|Consumer to pay costs of return.||We pay the costs of return.|
8.6 How long do I have to change my mind? You have 30 days after the day you receives the order, unless your order is split into several deliveries over different days, in which case you have until 30 days after the day you receives the last delivery to change your mind.
9. HOW TO CANCEL YOUR ORDER (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to cancel. To cancel your order, and thereby end the contract with us, please let us know by emailing us at email@example.com or writing to us to us at Homestead, London Road East, Amersham, Buckinghamshire, England, HP7 9DT. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after cancelling your order. If you cancel your order after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Homestead, London Road East, Amersham, Buckinghamshire, England, HP7 9DT. Please email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the article(s) within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are cancelling because of 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;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
9.5 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.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the article(s), if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page https://www.xtremecharacterchallenge.com/returns for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the article(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 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 and we have not offered to collect them, your refund will be made within 30 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. OUR RIGHTS TO CANCEL
10.1 We may cancel your order and end the contract if you break it, if:
(a) your payment card has been declined or we do not receive your payment for any other reason;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address or size; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us in the circumstances set out in Clause 10.1 for any costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 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 email@example.com or at Homestead, London Road East, Amersham, Buckinghamshire, England, HP7 9DT.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights|
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
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:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.See also Clause 8.3.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org for a return label or to arrange collection.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 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 including the right to receive products which are: as described and match information we provided to you and any sample examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
12.3 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 resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) 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.
13.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
13.3 We will only give your personal information to other third parties where the law either requires or allows us to do so or where you have given us your consent to do so.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 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.
14.3 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. 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.
14.4 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.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 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 English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.