Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER
We recommend that you print a copy of these terms for future reference.
WHO WE ARE
- We are [Shiner Limited] [trading as "Heelys EU"](registered in England and Wales under company number: 00315108 and VAT number: 137 5548 50). Our registered office and main trading office address is:Shiner Limited, 1700 Park Avenue, Aztec West, Almondsbury, Bristol,BS32 4UA, United Kingdom,("we" or "us").
- We operate a number of websites, including:
- [heelys.eu.com/en/, heelys.eu.com/eu/, heelys.eu.com/dk/, heelys.eu.com/no/, heelys.eu.com/se/]
together, the "Sites".
- If you have any questions or complaints about these terms or any of our products, please contact us. You can write to us at [firstname.lastname@example.org or Heelys EU, 1700 Park Ave, Aztec West, Bristol, BS32 4UA].
- If we have to contact you we will do so by writing to you at the email address you provided to us with your order.
- When we use the words "writing" or "written" in these terms, this includes emails.
- These are the terms and conditions on which we supply products to you through the Sites.
- 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 of our supply of products to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using the contact details above to discuss.
- Purchase of similar or identical products from any other source (including without limitation third party stores and websites selling similar or identical items), will be governed by the terms and conditions applicable at the relevant source. Please note that promotions and offers available for purchases on the Sites may not be available for purchases through other third party websites or stores and vice versa.
- We may make changes to these terms after submission of an order to us, but if we do so before delivery we will inform you. 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.
- We may amend these terms from time to time to ensure they are kept up-to-date with how we operate and our legal obligations. Every time you wish to order product(s) through the Sites, please check these terms to ensure you understand the terms which will apply at the time of purchase.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US ON A SITE
- Our shopping pages on the Sites will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order.
- Please take the time to carefully check the details of your order at each page of the order process and, ain any event, before clicking "Confirm and Pay".
- If you wish to make a change to your order after clicking "Confirm and Pay", please contact us immediately using our contact details set out above quoting your order number and details of your requested change. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract as set out at Clause 56.
- You may only purchase products from the Sites if you are 16 years old or older. If you do not satisfy this criteria, a parent or guardian must purchase the products from the Sites for you.
THE ORDER PROCESS
- After you place an order with us by clicking "Confirm and Pay", you will receive an e-mail from us acknowledging we have received your order. This email is purely for information purposes and does not constitute acceptance of your order.
- We will assign an order number to your order and tell you what it is when we acknowledge your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Please note that sale of our products is subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to particular items may change. If a product which you have ordered becomes out of stock after receiving an order acknowledgment from us, we will let you know as soon as possible. Where payment for the product has been taken, we will provide a full refund.
- If we are unable to accept your order, we will inform you of this and will not charge you for the product, unless payment has already been taken, in which case we shall provide a full refund. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, if we suspect fraudulent behaviour, because we have identified an error in the price or description of the product, or because we are unable to meet the estimated delivery timescales specified.
- We also reserve the right to refuse to accept your order if the contents of the order violates these terms.
- You will receive an email confirming when your products have been despatched ("Despatch Confirmation"). It is on release of our Despatch Confirmation to you that the contract comes into existence between us and these terms become legally binding.
- When you place an order with us, you will be given the opportunity to register for an online customer account. On creation of a customer account, you will be asked to select a password. The remaining details will be taken from your order, including your email address.
- You must ensure the email address you have chosen is personal to you; if it is not, please do not proceed to registration otherwise the other person(s) using your email address may be able to access your account and all the information specified in your customer account (see below).
- Please ensure that the password you select for your customer account is not obvious to any third party (e.g. your name, date of birth or address), in order to help protect the security of your customer account Information.
- If you return to the Sites and place another order with us, you will be prompted to log into your customer account using the details provided to us on set-up, including email address and password. Please ensure that any information in your customer account used to auto-populate your order details, such as name and delivery address, are correct before confirming you order by selecting the Confirm and Pay
- Please be reassured that there is no obligation to sign into your customer account for each order you place with us. If you wish to place an order without opening or utilising a customer account, please select the option to check out as a Guest during the order process.
- Please note that where you proceed as a Guest, we will store your order details against your email address and therefore please use this email address when contacting us about your order.
- We are under a legal duty to supply products that are in conformity with this contract.
- The images of the products on the Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee your computer's display of the colours accurately reflects the colour of the products. The products delivered may therefore vary slightly from those images.
- All sizes and measurements of products are approximate; however, we do make every effort to ensure they are as accurate as possible.
- We only supply the products to consumers 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 loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.
- Please note, that whilst we take utmost care in ensuring the content on the Sites (including descriptions of the products, payment terms, offers and promotions and delivery timescales) is accurate, the Sites may at times contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
- We may change the product:
- to reflect changes in relevant laws and regulatory requirements; or
- to implement minor design adjustments and improvements.
- We may make significant changes to the product, but if we do so we will inform you and you may then contact us to end the contract before you or someone nominated by you takes delivery of the product and receive a refund for any products paid for, but not received.
PRICE AND PAYMENT
- The price of our products (which includes VAT or similar sales tax), will be the price as set out on the relevant Site. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see Clauses 41 and 51 to see what happens if we discover an error in the price of the product you order.
- Prices for products may change from time to time without notice. However, these changes will not affect orders that have already been despatched.
- Please note that the prices listed on the Sites are only applicable for items purchased on the Sites and not through any other source.
- The price of a product does not include delivery and returns charges. You will be provided with details of our delivery charges during the order process.
- All payments are to be made through the Sites through one of our third party payment providers in the currency stated as specified to you on the payment page of the relevant Site prior to placing the order. You must pay for the products in full before we will dispatch them.
- All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified as soon as possible.
- We may undertake searches with credit reference agencies for the purposes of verifying your identity and the personal information you submit as part of an order. To do so the agencies may check your personal information against any particular information on any database (public or otherwise), to which they have access. They may also use your details in the future to assist other companies for verification purposes. We may also use your personal information for the purposes of prevention or detection of fraud. By submitting your order, and providing your consent to these terms, you agree to this.
- It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is different than the price stated to you, we may 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 products provided to you.
- All products ordered remain our property until we receive full payment from you.
- The costs of delivery will be as set out on the Sites and on your order summary prior to submitting your order to us for processing. Delivery charges will be applied in addition to the prices for the products you are purchasing. The amount of the delivery charge will depend on the delivery option you have chosen.
- You will be given various options for delivery of products during the order process. The options available to you will vary depending on your chosen location for delivery and where you are ordering from.
- During the order process we will let you know when we will deliver the products to you. Please note that our delivery timescales are estimates only.
- We will make every effort to deliver your order within the estimated timescale. However, delays are occasionally inevitable due to unforeseen factors or events outside our control; for example, material shortages, travel or transportation disruption, import delays, software or technical failures, or higher than anticipated demand. Please note delivery of your order may take longer during sale or other busy periods e.g. Christmas. Notwithstanding these events, you may contact us to end the contract and receive a refund for any products you have paid for, but not received within 30 days of placing your order with us.
- Please note that in addition to the products and delivery charges we apply to your order, you may also be required by your country of residence or selected delivery address to pay import duties and taxes. Please contact your local customs office for further information so you can be sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes. In the event you fail to pay such duties and taxes, or you fail to collect your order, and the order is then returned to us, we will require you to pay any costs we have incurred as a consequence. If you require any further information on this, please contact us using our details above before placing your order.
- You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address your order is going to, but also the full name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person if you have supplied us with incomplete or inaccurate information.
- We do not deliver on public and bank holidays, including Christmas Day, Boxing Day or New Year's Day. On these dates, delivery will take place on the closest working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays), to the estimated delivery date. Please allow a minimum of an extra working day for each of these days when calculating the estimated delivery date and when choosing your delivery option prior to purchasing the product.
RETURNS AND REFUNDS
Your right to end the contract
- The scope of your rights to 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 (or to get the product repaired or replaced or all of your money back), see Clauses 56, 57 and 59;
- If you want to end the contract because of something we have done or have told you we are going to do, see Clauses 51, 57 and 59; or
- If you have just changed your mind about the product, see Clauses 52 to 54 inclusive and 58. You may be able to get a refund if you have ordered a product and you are within the Cooling-Off Period (explained below). You will have to pay the costs of return of the products.
- 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 Clauses 51a to 51d 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 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 design and/or technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
- 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 after the day you (or someone you nominate) receive the products and to receive a refund. These rights in the UK are set out under the Consumer Contracts Regulations 2013 and are explained in more detail in these terms.
- How long do I have to change my mind? Under the Consumer Contracts Regulations 2013, you have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind about the products (the "Cooling-Off Period").
- When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; for example, we cannot accept returns during the Cooling-Off Period for swimwear products where the hygiene seal has been broken or removed;
- products which are made to your specifications and/or are personalised; and
- any products which become mixed inseparably with other items after their delivery.
How to end the contract with us (including if you have changed your mind)
- To end the contract with us because you have changed your mind within the Cooling-off Period, please let us know by doing one of the following:
- email us at [email@example.com]. Please provide your order number and brief details of what you bought, when you ordered or received it and your name and address; or
- write to us at [Heelys EU, 1700 Park Ave, Aztec West, Bristol, BS32 4UA]. Please provide your order number and brief details of what you bought, when you ordered or received it and your name and address; or
- using the Model Cancellation Form below:
- Online. Complete the Model Cancellation Form and email this to the address specified on the form.
- By post. Complete the Model Cancellation Form and post it to us at the address specified on the form.
- To end the contract for any other reason, please email us at [firstname.lastname@example.org]. Please provide your order number and a brief description of what you bought, when you ordered it, the delivery date and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you or someone you nominate has received them, you must return them to us. If you are exercising your right to change your mind for a product as set out in Clause 52, you must send off the product within 14 days of telling us you wish to end the contract. Please see Clauses 58 and 59 for details of when we will pay the costs of return and how to return the products to us. You should return the products in their original packaging wherever possible.
- When we will not pay the costs of return. We will not pay the costs of return if you are exercising your right to change your mind in respect of the products and you are within the Cooling-Off Period. If you are returning the products to us in exercise of this right, please return the products to us by first class post to [Heelys EU, 1700 Park Ave, Aztec West, Bristol, BS32 4UA].
- When we will pay the costs of return. We will pay the costs of return where:
- you are returning the products because the products are faulty or misdescribed; or
- you are ending the contract because we have told you of an upcoming change to the products 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.
- If you return the products for either of the reasons at Clause a or 59.b above, we will refund you the cost of returning the products.
- How we will refund you. We will refund you the price you paid for the products accounting for any discounts or promotions applied when you purchased the items, including the delivery cost, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind during the Cooling-Off Period:
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop, including products that have been worn or washed, mistreated, used outside (for example, where the grip has been applied to a skateboard product) and/or the product tags have been removed);
- 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; and
- 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.
- When your refund will be made. If you are exercising your right to change your mind for products during the Cooling-Off Period then we will refund you the price paid less any deductions within 14 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.
- Your use of the Sites is governed by our Acceptable Use Policy [Acceptable Use Policy]. Amongst other matters, this details how you may use our name, logos and content on the Sites. Please take the time to read this carefully so you are clear about how you may use the Sites.
- 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 or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
- 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 it is either 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.
- 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.
- We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the Clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
- 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 the avoidance of doubt, if these terms have been translated to another language other than English, the English language version of the terms takes precedent.
- These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts; however, nothing in this Clause shall restrict or prevent you from seeking redress in another jurisdiction if you are granted that right under applicable law.
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider ADR. Consumers may submit disputes for online resolution to the European Commission Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
By Post: To [INSERT] [INSERT ADDRESS WHERE RETURNS CAN BE LOGGED AND REFUND PROCESS INITIATED]
By Email: To, [E-MAIL ADDRESS]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]:
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate