ACCO UK LIMITED
WEBSITE TERMS AND CONDITIONS OF SUPPLY OF PRODUCTS
When we refer to "you" and "your" we mean the user of the Website and purchaser of Goods. These terms and conditions (“Terms”) form a legally binding contract between us and you for the sale of Products on our website (“our site”) to you (“Contract”). Your acceptance of the Terms is given when you purchase Goods from us. You should read these Terms carefully before buying anything from this Website.
By ordering any of our Products, you agree to be bound by these Terms and the other documents referred to in these Terms. Please print a copy of these Terms for future reference.
We reserve the right to change these Terms from time to time as set out in clause 13. Every time you order Products from this site, please check these Terms to ensure you understand the terms which will apply at that time. If you have any queries about the terms, please email us at firstname.lastname@example.org.
- INFORMATION ABOUT US
We are ACCO UK Limited, a company registered in England and Wales under company number 00197754 with our registered office at Oxford House, Oxford Road, Aylesbury, Buckinghamshire HP21 8SZ and trading address at Derwent House, Jubilee Road, Lillyhall Business Park, Workington, Cumbria, CA14 4HS (“we” or “us”). We operate the site https://www.derwentart.com.
- HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US
- When we refer, in these Terms, to "in writing", this will include e-mail.
- You can contact us for any reason using the following means
- email at email@example.com;
- telephone on 01900 609 585.
- If we need to contact you or give you notice in writing, we will do so by e-mail to your registered email address or by pre-paid post to the address you provide to us in your order.
- HOW WE USE YOUR PERSONAL INFORMATION
- We will use the personal information you provide to us to:
- provide the Products to you;
- process your payment for the Products and/or allow a third party to process your payment for the Products;
- inform you of similar products or services that we provide and any associated promotions. If you wish to stop receiving this information at any time, you can unsubscribe using the ‘unsubscribe’ link in the email or you can contact us at firstname.lastname@example.org
- The data we collect from you may be transferred to, and stored, outside the European Economic Area (“EEA”). It may also be processed by personnel operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your orders, the processing of your payment details and the provision of support services. By purchasing the Products from us and submitting your personal data, you agree to this transfer, storing and/or processing. We will take steps reasonably necessary to ensure that your data is treated securely. We will not transfer the data to other third parties.
- YOUR RIGHTS AS A CONSUMER
As a consumer, you have legal rights in relation to Products we sell to you on our site that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect your legal rights.
- THE PRODUCTS
- We try to make sure that all information on our site, including descriptions of our Products, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on our site as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Products we will try to let you know.
- The Products images on our site are for illustrative purposes only. Although we make every effort to display colours accurately, we cannot guarantee that the colours displayed on our site accurately reflect the colour of the Products.
- The description of the Products on our site is approximate only. Whilst we make every effort to be as accurate as possible on our site in the description of the Products (including, without limitation, the size, weight, capacities and dimensions of the Products), any description is approximate only.
- The packaging of the Products may vary from that shown in the images on our site.
- All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available. If the Product you ordered is not available, we will not process your order.
- PRICE OF THE PRODUCTS AND DELIVERY CHARGES
- The prices of the Products will be as quoted on our site from time to time. Please see clause 6.5 for information about price errors on our site.
- Prices for our Products may change from time to time. Any changes to the price of Products on our site will not affect any order for Product(s) which we have confirmed to you with a Dispatch Confirmation.
- All prices are, unless otherwise stated, inclusive of VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. For full delivery terms and conditions, please see our Delivery and Returns Policy.
- Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before submitting it. If you submit an order to us which contains an error, please contact us at email@example.com or call us on 01900 609585 as soon as possible to correct the error. We will try to correct any error in the order submitted by you before it is processed, but we cannot guarantee this.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This order acknowledgement does not mean that your order has been accepted by us; your order only constitutes an offer to purchase Products from us, and does not form a binding contract until accepted by us. Where you order more than one Product your order contains a series of offers for each Product individually.
- An offer made by you to purchase Products shall only be deemed to be accepted by us when we dispatch the Product(s) to you and send you an e-mail to confirm that the Products have been dispatched (Dispatch Confirmation). We reserve the right to refuse any offers in an Order prior to acceptance.
- If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on our site) we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, at your option, we will either:
- refund you the full amount as soon as possible and in any event, within 14 days of our e-mail notification to you; or
- offer to send you the Product as soon as it becomes available
- We must receive full payment of the price of the Products and all applicable delivery charges before we can accept any offers. If you cancel a Contract, you may be entitled to a refund (please see clause 10 of these Terms).
- Where you select to pay by credit or debit card, we will process the payment at the time of preparing your Products for dispatch.
- If you do not make any payment due to us by the due date for payment, we may:
- immediately terminate the Contract between us. We will contact you in writing to let you know that the Contract has been terminated; and
- charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of our bank from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
- If you dispute any payment you have made to us in good faith and contact us to let us know promptly after you have made the payment that you dispute, clause 8.3(b) will not apply for the period of the dispute.
- We can deliver products internationally; please see our Delivery and Returns Policy for more information, including charges and delivery times.
- Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is a Force Majeure event. If we are unable to meet the estimated delivery date because of a Force Majeure event, we will contact you with a revised estimated delivery date.
- Delivery will be completed when we deliver the Products to the address you gave us in accordance with our Delivery and Returns Policy. If no one is available at your address to take delivery after 3 attempts the Product(s) will be returned to us (this may vary internationally). If the Product is returned to us pursuant to this clause 9.3 of these Terms, we will refund you for the price of the Product in full within 14 days of the Product being returned to us. For the avoidance of doubt, any refund under this clause 9.3 will not include the delivery charge that you paid for the delivery of the Product(s).
- The Products will be your responsibility from the completion of delivery
- You own the Products once we have received payment in full, including all applicable delivery charges.
- YOUR CONSUMER RIGHT OF RETURN AND REFUND
- As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 of these Terms. Advice about your legal rights (including your right to cancel a Contract where the Products are faulty or not as described) is available from your local Citizens' Advice Bureau or Trading Standards office.
- We want you to be completely happy with your Product(s). If you’re not satisfied with your recent purchase, we've made it as easy as possible for you to return or exchange your Product(s), subject to certain conditions. Please note that the return or exchange procedure set out below is only valid for Product(s) purchased from our site; if you purchased your product(s) from another website or a high street retailer, you must return your product(s) to them.
- Subject to clause 10.4, you may return a new or unused Product(s) within fourteen (14) days of receipt of the Product(s) by you and you can choose either to:
- receive a full refund of the price you paid for the Product(s), plus any applicable delivery charges you paid for if you are returning the entire order*; or
- exchange the Product originally purchased for like-for-like replacement Product, subject to clause 10.8
If you choose to return a Product(s), you have cancelled the Contract. *Please note that, in the event you paid for an expedited or enhanced delivery, we will only refund the cost of standard delivery.
- In order to be eligible for a refund or exchange:
- you must notify us of your decision to return the Product(s) within 14 days of receipt of the Product(s);
- you must return the Product(s) to us as soon as reasonably practicable, but at least within 30 days, at your own cost;
- the Product(s) must be in its original packaging and in a resalable, pristine condition; and
- the Product(s) must not be personalised, made-to-measure or custom-made for you.
We will not accept any return if the Product(s) shows signs of wear, or has been used or altered from its original condition in any way, or if the 30 day returns authorisation has passed.
- You may notify us of your decision to return the Product(s) by:
- email at firstname.lastname@example.org, which shall be effective from the date you sent the e-mail to us; or
- post at Customer Services, Derwent House, Jubilee Road, Lillyhall Business Park, Workington, Cumbria, CA14 4HS, which shall be effective from the date you posted it.
We strongly advise that posted cancellation notices are sent by recorded delivery or you obtain proof of postage. You may wish to keep a copy of your cancellation notification for your own records.
- Once you have notified us of your decision to cancel the Contract you must not use the Product(s) and must take reasonable care of them while they remain in your possession. The Product(s) must be returned to us intact and undamaged as soon as reasonably practicable.
- If you choose to receive a refund, you will receive a full refund of the price you paid for the Product(s), plus any applicable delivery charges you paid for if you are returning the entire order (except international delivery). We shall issue a refund to you on the payment card used by you to pay for the Product(s) within 14 calendar days of us receiving the returned Product(s) or receiving reasonable evidence from you that you have returned the Product(s). If you returned the Product(s) to us because it was faulty or mis-described, we shall issue a refund to you within 14 calendar days of the day on which you gave us notice of cancellation and we shall also refund (i) any applicable delivery charges; and (ii) any reasonable costs you incurred in returning the item to us.
- If you choose a product exchange, you may exchange the Product(s) originally purchased from our site for a like-for-like replacement Product(s) (“New Product(s)”) within 14 days of receipt of the original Product(s) by you. We will confirm in writing to you if an exchange is available. Please be aware that we are not obliged to provide an exchange to you; any exchange granted to you shall be subject to:
- the safe return of the original Product(s) to us at your cost (unless the original Product(s) is faulty or mis-described);
- the original Product(s) being in the same condition as the original Product(s) was sent to you by us (unless the original Product(s) is faulty or mis-described); and
- you bearing responsibility for the delivery costs of the New Product(s) (unless the original Product(s) is faulty or mis-described).
- If, pursuant to clause 10.8 of these Terms, we confirm to you that an exchange is available and the price of the New Product and respective delivery costs is:
- more than the price paid for the original Product and any delivery costs, we shall refund you the difference within 14 days of the date of exchange;
- less than the price paid for the original Product and any delivery costs, you must immediately pay us the difference.
- For the avoidance of doubt, you may not cancel a Contract (under clause 10.3) or exchange a Product (under clause 10.8) if:
- the Product is personalised, made-to-measure or custom-made for you; and/or
- the cancellation or exchange is received or requested 15 days or more after receipt of the Product by you (unless the Product is faulty or mis-described).
- If you have any queries or wish to make return arrangements, you can contact us using the following means
- email at email@example.com;
- telephone on 01900 609 585.
- OUR LIABILITY TO YOU AS A CONSUMER
- If we fail to comply with these Terms, we will be responsible to you for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any matter which by law may not be limited or excluded.
- FORCE MAJEURE
- We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract in the case of an event outside of our reasonable control (“Force Majeure”), including, but not limited to, strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
- If a Force Majeure event takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure event. Where the Force Majeure event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure event is over.
- OUR RIGHT TO VARY THESE TERMS
- We may revise these Terms from time to time. You should read these Terms carefully prior to the purchase of each Product from our site.
- Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
- If we revise these Terms and you have already placed an order with us, the revised Terms will not apply to the order that you have placed.
- FREE SAMPLE OFFER
1. One FREE sample may be requested via the web form per person/household.
2. Mechanic: 1) Enter your contact details (name/address/e-mail) and choose which sample product from the drop-down menu; 2) Tick one or both of the newsletter subscription consent boxes (you can opt out any time) and agree to these Terms; 3) Press ‘submit’ and an e-mail will be sent to the e-mail address supplied in order to activate the sample request. To complete this process the activation link must be clicked.
3. In order to qualify for the Free Sample Offer, the e-mail supplied must not already be registered.
4. We reserve the right to withdraw this offer from time to time depending on availability.
- INTRODUCTORY OFFER - The discount code for new subscribers (20% discount) to the Derwent Newsletter cannot be used concurrently with other offers. We reserve the right to withdraw this offer at any time.
- BLACK FRIDAY OFFER - The promotion is valid from Mon, 23rd to midnight Mon, 30th November 2020 on use of the voucher code at checkout published on the Derwentart.com website and social media. It cannot be used in conjunction with other concurrent promotions. A 30% discount will be applied to items purchased on Derwentart.com on orders of £30 or more together with free standard UK shipping. Subject to stock availability.
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a Contract 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.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and any written waiver does not mean that we will automatically waive any later default by you.
- These Terms set out the entire agreement between you and us in respect of the sale, purchase and use of the Products. They supersede any previous agreement or understanding in relation to the subject matter hereof.
- These Terms may only be varied where separately agreed in writing between you and us.
- Whilst we sincerely hope that any complaints or disputes can be swiftly and satisfactorily resolved, there is a new online dispute resolution system (“ODR”) for customers who make purchases online. You will find further details on ODR here: http://ec.europa.eu/consumers/odr/ . You can also contact our Customer Services Team on 01900 609 585 or email us at firstname.lastname@example.org.
- These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with the Contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction for the determination of disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.