Terms and Conditions of Sale
This document sets out the terms and conditions on which we sell our products. It is important that you read them before placing any order as they set out who we are, how you place an order, what our obligations are to you and what to do if there is a problem. If you have any questions on the contents of this document, please contact us.
In these terms and conditions We use certain words to refer to particular things. These words are capitalised so that they are easy to distinguish. Those words, and their meanings, are given below:
- “Contract” means the agreement between You and Us for the supply of Goods;
- “Goods” means the product(s) ordered by You from the Website and supplied by Us in accordance with the Contract;
- “in Writing/Written” means any communication made in writing, including fax or email.
- “Terms” means these terms and conditions, as they may be updated from time to time.
- “Website” means https://shop.swan-brand.co.uk;
- “We/Us/Our” means Swan Products Limited (company registration number 06473372) with its registered office at c/o Knights & Sons, the Brampton, Newcastle-under-Lyme, Staffordshire, ST5 0QW and its correspondenceaddress at PO Box 3117, Stoke-on-Trent, Staffordshire, ST4 9GD, United Kingdom;
- “You/Your” means the individual placing an order for Goods;
Placing an Order
- To place an order for Goods, please select the relevant item from the Website and click the “Buy Now” button on the product detail page. This saves the item for You and You can continue shopping if You want to. Please note that saving an item does not reserve it and is not a guarantee of availability.
- When You have finished shopping, visit Your basket by clicking on the shopping trolley icon at the top right-hand side of the web page. From here You can make any changes to Your basket. When You are ready, click on the “Proceed To Checkout” button to start the checkout process.
- The checkout process will take Your preferred shipping and payment details. It will also confirm the delivery charge (if any). You can cancel the checkout process at any point before it is completed. When You have entered Your payment details, click on the “Complete order” button to place Your order. You will be charged at this point.
- Your order is an offer to buy the Goods subject to these Terms. We are not bound to supply the Goods, and the Contract is not formed, until We have acknowledged Your order in Writing. Please check the order acknowledgement carefully and if You notice any errors then please inform Us as soon as possible. Orders cannot be changed after the Goods have been dispatched. Should You wish to amend an order after it has been dispatched, You will have to cancel the Contract - please see the ‘Cancellation’ section below.
- The Contract
- The Contract will consist of these Terms and the Written acknowledgement sent pursuant to clause 2.4 above, together with all descriptions and information pertaining to the Goods that is contained on the Website. Any terms and conditions of Yours are rejected and superseded by these Terms, whether or not We have notice of them.
- We may update and/or replace these Terms from time to time. Any update or replacement is effective from the moment it is uploaded to the Website but will not affect Contracts that have already been formed (the variation of which is subject to clause 12.2 below.
- Each order of Goods that You make is a separate contract that is subject to the terms and conditions of sale set out on the Website at the time You make the order. This means that different orders placed at different times may be subject to different terms. It is Your responsibility to familiarise Yourself with Our then-current terms and conditions of sale before placing an order.
- We do not store the Contract when it has been formed, so You are advised to take a copy of these Terms for Your future reference.
- These Terms and the Contract are only available in English.
- Website Information
- We endeavour to ensure that the Website remains up-to-date at all times, but do not guarantee that:
- the descriptions of any Goods appearing on the website at a particular time, including price and availability, will reflect the position at the time of Your order; or
- the images of the Goods will be displayed accurately or completely by Your computer, mobile telephone or tablet; or
- the colours which are shown for the Goods on the Website will match exactly the colours of the Goods You receive, as this can be affected by Your device’s display settings.
- If We are unable to accept Your order for any reason (e.g. an item is out of stock or the price has changed), We will contact You to discuss this. Should You then wish to cancel Your order, We will refund Your payment.
- Prices and Payment
- The price will be that stated on the order acknowledgement, save for in the case of obvious error, in which case You will be notified of the correct price before dispatch of the Goods and will have the option to cancel the Contract for a full refund.
- Unless otherwise agreed in Writing, all stated prices are net of delivery charges, VAT, customs charges and any other applicable taxes and charges, which will be notified to You at the time of payment (if known) and added to the total price payable.
- Prices include the cost of Our normal packaging for destinations within the United Kingdom, unless stated otherwise.
- All consular and bank charges, import and customs duties and taxes that arise from, or by virtue of, the Contract must be paid by You.
- The price must be paid for in full on order of the Goods. No Goods will be dispatched until paid for in full. We accept payment via credit or debit card and PayPal and You can make Your payment via the Website.
- Where You fail to pay any sum payable under this Contract when due, We reserve the right to:
- re-allocate the Goods; and/or
- cancel the Contract.
- There are some restrictions as to where Goods can be delivered - please see the ‘Delivery Information’ page of the Website or contact Us for more information.
- Where dates for delivery are given, these dates are estimates only. All deliveries of Goods will be made within 30 days of Your order, unless agreed otherwise.
- All Goods are subject to availability. Where Goods are not immediately available, and may not be available within 30 days of Your order, We will notify You and give a revised estimated date for delivery. If this estimate is not acceptable to You, You may cancel the Contract for a full refund.
- The Goods will be dispatched at Our risk direct to Your nominated address. They will be deemed delivered, and legal title and risk in the Goods will transfer to You, when they are unloaded at that delivery address. You have no right to request that We engage a particular carrier or take out insurance against loss or damage in transit.
- It is Your responsibility to ensure that (where necessary):
- the Goods can be delivered to, and unloaded at, Your nominated delivery address; and
- You are available to accept delivery of the Goods.
- In the event of a failed delivery, We may, at Our option:
- attempt delivery a further time;
- leave the Goods at a neighbour’s or other nominated address, and notify You of that address;
- charge You a reasonable storage fee for the storage of the Goods until delivery is successful; or
- terminate the Contract with immediate effect and dispose of the Goods as We may determine, refunding the price to You, less Our reasonable costs of delivery.
- We will not be responsible for any loss or damage of Yours that arises due a failed delivery attempt, nor for any loss or damage of Yours that arise between delivery attempts.
- We are also not responsible where delivery is delayed by an event outside of Our control. If delivery is affected by such an event, We will contact You to inform You of the delay. If the delay is likely to be substantial, You may cancel the Contract for a full refund.
- We appreciate that situations change and people change their minds, so We offer a “no quibble” right to cancel the Contract at any time within 30 days of receipt of the Goods. To exercise this right You should contact Our customer service team on firstname.lastname@example.org and must:(at Your expense) return the Goods to Us unused and in their original packaging (including all instruction manuals).
- You also have a legal right to cancel the Contract at any time within 14 days of delivery of the Goods. To do so You must:
- contact Our customer service team on email@example.com stating Your desire to cancel the Contract. You may use (but You do not have to use) the model cancellation form included at the end of these Terms. It would assist the cancellation process if You gave Us Your order number, but You do not have to;
- return all of the Goods delivered to You under the Contract unused, and in their original packaging (including all instruction manuals), at Your own cost; and
- take reasonable care of all the Goods (including the packaging) in Your possession until they are delivered to Us.
- If the above conditions for Your cancellation rights have been complied with, We will refund the full amount of the Contract, via the same payment method used to pay for the Goods, without undue delay, unless You have failed to take reasonable care of the Goods, in which case a partial refund will be issued.
- If You return the Goods outside of the scope of these cancellation rights, We reserve the right to return the Goods to You at Your cost or to accept their return subject to a deduction from Your refund to account for any loss in value of the Goods arising from Your handling of them and to cover Our processing costs.
- The cancellation rights detailed in this clause 7 are not available where the Contract concerns made-to-order or bespoke Goods, or Goods with a specified shelf life.
- Warranty and Returns
- We are under a legal duty to supply Goods that conform with the Contract. This means that We warrant that the Goods will:
- comply with all applicable laws and/or regulations concerning the health and safety of any user of the Goods;
- are of satisfactory quality; and
- fit for the purpose for which they are made, when used and maintained in accordance with Our instructions and recommendations.
- If any Goods do not comply with clause 8.1 above, please contact the customer service team on firstname.lastname@example.org. Subject always to clause 8.3 below, if We agree that the Goods are faulty, You have the following legal rights:
- if the Goods develop the fault within the first 30 days after delivery or installation, return it to Us for a full refund or a free repair or replacement; or
- if the Goods develop the fault after the first 30 days, but within the first 6 months, We will attempt to repair or replace the Goods, and if that attempt has failed You may then reject the Goods for a refund, less an amount on account of Your use of the Goods (if any) or a price reduction (if You want to keep the Goods).
We will provide a free returns label for the return of faulty Goods. You must take reasonable care of the Goods until they are returned to Us.
- Goods are not faulty if the fault is caused by any of the following:
- fair wear and tear;
- wilful damage;
- incorrect handling or storage;
- accident or negligence;
- failure to follow any use or maintenance instructions given by Us or the manufacturer; and
- Your attempt to repair the Goods without Our approval.
- We offer guarantees of between one and five years, depending on the type of product. The length of the guarantee period is indicated in the instruction manual that accompanies the Goods and is valid from the original date of purchase. The following conditions apply to claims under a guarantee:
- the Goods must be returned to retailer with proof of purchase;
- the Goods must be installed and used in accordance with the instructions accompanying it;
- the Goods must only be used for domestic purposes;
- the guarantee does not cover wear and tear, damage, misuse or consumable parts;
- the guarantee is valid in the UK and Eire only; and
- We have limited liability for incidental or consequential loss or damage (please see the ‘Liability’ section below).
Your legal rights, as set out in clause 8.2 above, are not affected by this guarantee.
- All other warranties, conditions or representations, whether express or implied by statute, collateral agreement or otherwise in respect of the Goods is excluded by Us.
- We are only responsible to You for loss or damage that is caused by Us and that is a reasonably foreseeable consequence of Our breach of contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time that the Contract was formed, both We and You knew that it might happen.
- We will not be responsible for any loss or damage of Yours that:
- is suffered or incurred by a business of Yours; or
- arises as a result of Your failure to comply with Our instructions and/or recommendations as to the use, maintenance and repair of any Goods.
- Nothing in this clause 9 will exclude or limit Our liability to You where it would be unlawful to do so. This includes liability for:
- death or personal injury caused by Our negligence;
- fraudulent misrepresentation;
- breach of Your legal rights as set out in these Terms; and
- defective items under the Consumer Protection Act 1987.
- Force Majeure
- Neither You nor We will be liable for any loss or damage due to the delay in, or failure of, performance of an obligation in the Contract where that delay or failure is due to an unforeseen event outside the reasonable control of the party affected.
- Where a party is affected by such an event, it must inform the other party in Writing as soon as reasonably practicable and, where possible, provide an estimate for the duration of the disruption. The affected party must takes steps to lessen the severity or duration of the event.
- If You wish to complain about the Goods received, or have any other dispute arising under the Contract, You should first contact Our customer service team on email@example.com who will attempt to bring the complaint to a satisfactory resolution.
- If Our customer service team cannot satisfactorily resolve Your complaint, they will refer the complaint to a member of Our senior management to attempt to resolve the complaint.
- If Your complaint is not satisfactorily resolved, You may submit Your complaint to the online dispute resolution platform of the European Union for resolution by visiting http://ec.europa.eu/consumers/odr/.
- You may also bring legal proceedings in the courts of Your jurisdiction or the English and Welsh courts (and if You are resident in England and Wales then You can only bring legal proceedings in the English or Welsh courts), but You agree that the Contract will be governed and construed in accordance with English law.
- If We need to contact You about anything to do with Your order, We will use the contact details You provided during the ordering process. If You need to contact Us about anything to do with Your order, please write to: PO Box 3117, Stoke-on-Trent, Staffordshire, ST4 9GD, United Kingdom or email: firstname.lastname@example.org.
- The Contract may not be varied without the Written approval of both parties.
- If any part of the Contract is, or becomes, invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions will not in any way be affected or impaired.
- If We do not insist immediately that You do anything that You are required to do under the Contract, or if We delay in taking steps against You in respect of breaking the Contract, that will not mean that You do not now have to do those things, nor will it prevent Us from taking steps against You at a later date.
Appendix - Model Cancellation Form
Complete and return this form only if You wish to withdraw from the Contract.
(Where you see the symbol [*], this means that you should delete as appropriate)
To: Swan Products Limited, PO Box 3117, Stoke-on-Trent, Staffordshire, ST4 9GD, United Kingdom.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following items under order number [INSERT ORDER NUMBER]:
- [LIST OF ITEMS TO BE CANCELLED]
Ordered on [INSERT DATE], received on [INSERT DATE] (if applicable).
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):