Terms and Conditions
This page contains our:
A. Terms and Conditions; and
B. Website Use Terms and Conditions
A. Terms and Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you. Please read these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are COLHAY’S LIMITED, a company registered in England and Wales. Our company registration number is 11656436. Our registered VAT number is 309696466.
2.2 How to contact us. You can contact us by filling in this online form here.
2.3 How we may contact you. If we need 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.
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 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 give us your order number whenever you contact us about your order.
3.4 We only sell to the UK, the European Union, Greenland, Iceland, Liechtenstein, Monaco, Norway, Switzerland, the US, Canada, Japan, Singapore, South Korea, Hong Kong, Taiwan, Australia and New Zealand. Our website is solely for the promotion of our products in the UK, the European Union, Greenland, Iceland, Liechtenstein, Monaco, Norway, Switzerland, the US, Canada, Japan, South Korea, Hong Kong, Taiwan, Australia and New Zealand. Unfortunately, we do not currently accept orders from or deliver to addresses outside of these territories. If you are located outside of these areas, please contact us.
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, because of the nature of our products, there will be a slight variance in all sizes, weights, capacities, dimensions and measurements indicated on our website.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. We will deliver the products you have ordered to you as soon as reasonably possible. The estimated time required for delivery of the products is as shown in the table below, but please note that this is not a guarantee of when the products will arrive:
|UK - DHL Express Shipping||2 - 3 working days||Free|
|EU - DHL Express Shipping||3 - 5 working days||£10|
|Rest of Europe - DHL Express Shipping||3 - 5 working days||£15|
|Australia, Canada, Hong Kong, Japan, New Zealand, South Korea, Taiwan, US - DHL Express Shipping||7 - 10 working days||£15|
We are currently selling to customers in the UK, EU, certain other European countries, the US, Canada, Japan, South Korea, Hong Kong, Taiwan, Australia and New Zealand and are working to expand this to the rest of the world. If you are based outside of these territories, please contact us.
If the goods cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
For Non-UK deliveries, please note that:
(a) there is a possibility that the delivery of your order may be delayed due to customs, which we unfortunately have no control over and do not take responsibility for; and
(b) the order may be subject to import duties and taxes. Regrettably, we do not have control over these charges and cannot predict their amount. You will be responsible for payment of any such import duties and taxes.
6.3 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.
6.4 If you are not at home when the product is delivered. We will deliver the products you have ordered to you at the delivery address that you have submitted on your order form. We are not responsible if the delivery address you have provided is not correct. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will write to you to inform you how to rearrange delivery or collect the products from a local depot.
6.5 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 8.3 will apply.
6.6 When you become responsible for the goods. A product you have ordered will be your responsibility from the time we deliver the product to the address you gave us.
6.7 When you own goods. You own the product once we have received payment in full.
6.8 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. If so, this will have been stated on our website. We will contact you in writing to ask for this information, for example, your delivery address. If you do not give us this information within 5 days of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and Clause 8.3 will apply). 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.
6.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory requirements.
6.10 Right to retain products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 9.4), we may suspend supply of the products until you have paid us the outstanding amounts.
7. RETURNS AND CANCELLATION
7.1 Returns after receipt of product.
(a) Of course, we hope that you will be satisfied with our products. However, if for any reason, you are unhappy with your order, we accept returns within up to 14 days of receipt, provided that the product is in a re-sellable condition, undamaged, unworn, unused and unwashed, all labels remain attached to the product, the hang tag has not been severed and remains attached to the product, and the product is returned in its original packaging.
(b) You may either exchange the item for another item of the same value (subject to stock availability) or receive a full refund of the price paid.
(c) If you wish to return a product, please follow the instructions on our Delivery and Returns page. Please package your parcel securely to avoid damage in transit to us and use a tracked postage and “signed for” service. Please note that we cannot accept an item for exchange or refund if it has been damaged in transit to us or if it is lost in transit to us. Upon receipt of the product, we will inspect the product and once we are satisfied of the condition of the returned product, we will process your exchange or refund. If, upon inspection of the product, we determine that it is not in a re-sellable condition, we retain the right to refuse an exchange or refund.
(d) You will be responsible for the costs of posting the returns.
(e) If you wish to exchange the item for another item of the same value (subject to stock availability), please send the item you wish to exchange back to us in accordance with paragraph (c) above. If your return is accepted, and your desired item is in stock, we will contact you to let you know that the exchanged item is en route to you, and to let you know of any delivery fees charged to you (if any). Please note that you will be charged the cost of posting the new item that you wish to exchange.
7.2 Cancellation of purchase prior to receipt of product. If you placed an order on our website and you change your mind and no longer wish to purchase the product, contact us within 14 days of placing the order to let us know and we may be able to cancel the order and give you a full refund if the item has not yet been dispatched. If the item has been dispatched by the time you inform us, then you will need to follow the returns procedure set out in Clause 7.1 above.
7.3 How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. Please allow up to 14 days for payment to be processed following our receipt of the goods whose value is being refunded or following your notice to us that you wish to cancel the order, whichever the case may be.
8. OUR RIGHTS
8.1 Withholding a product. We retain the right to withhold a product if you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due.
8.2 Withdrawing a product. We may write to you to let you know that we are going to stop providing the product. We will let you know of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
8.3 Cancellation of contract. We will of course, try to contact you should we require further information in order to provide you with a product you have ordered. However, if you do not, within 5 days of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address, then we may consider that the contract between us for the supply of the product has ended and we will be free to re-sell this product. In such a case we will give you a refund for the price paid.
9. PRICE AND PAYMENT
9.1 Where to find the price for the product. The price of the product 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 9.3 for what happens if we discover an error in the price of the product you order.
9.2 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.
9.3 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. 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, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.4 When you must pay and how you must pay. The list of credit and debit cards that we accept payment with is listed on the checkout page of our website. By making the payment, you confirm that you are authorised to use the credit card/debit card whose details you enter. You must pay for the products before we dispatch them. All credit cards and debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we do not have to tell you of the reason for refusal. We are not responsible for any amount which your bank or card issuer may charge you as a result of our processing of your credit card or debit card payment.
10.1 What we are not liable for. We are not liable for business losses. We only supply the products for domestic and private use. We will have no liability to you for, without limitation, any loss of profit, loss of business, business interruption, loss of business opportunity, revenue, contracts, management time, data or anticipated savings, loss of goodwill or reputation. We will not be liable for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations or otherwise even if advised of the probability of such damage or where it was foreseeable. We will take all reasonable precautions to keep the details of your order and payment secure, however, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2 You need our consent to transfer your rights to someone else. You cannot transfer your rights or your obligations under these terms to another person unless we agree to this in writing.
12.3 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.
12.4 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.
12.5 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.
12.6 Entire agreement. You confirm that these terms constitute the entire agreement between you and us and you do not rely on any other representation made by us and you agree that you have no remedy in respect of any such representation.
12.7 Which laws apply to this contract. These terms are governed by English law and all disputes will be subject to the exclusive jurisdiction of the English courts.
B. Website Use Terms and Conditions
1. WHO WE ARE AND HOW TO CONTACT US
1.1 www.colhays.com is a site operated by COLHAY’S LIMITED (”We”). We are registered in England and Wales under company number 11656436. Our VAT number is 309696466.
1.2 We are a limited company.
1.3 To contact us, please fill in this online form here.
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
2.2 If you do not agree to these terms, you must not use our site.
3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
(b) Our Terms and Conditions (above)
3.2 If you purchase goods from our site, our Terms and Conditions above will apply to the sales.
4. WE MAY MAKE CHANGES TO THESE TERMS
4.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
5. WE MAY MAKE CHANGES TO OUR SITE
5.1 We may update and change our site from time to time.
6. WE MAY SUSPEND OR WITHDRAW OUR SITE
6.1 Our site is made available free of charge.
6.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
6.4 Our site is directed to people residing in the countries to which we are able to sell our products. We do not represent that content available on or through our site is appropriate for use or available in other locations.
7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by contacting us here.
8. HOW YOU MAY USE MATERIAL ON OUR SITE
8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You must not use any material on our website without our prior written consent including, but not limited to, printing off, in part or in whole, pages of our website and downloading extracts from any of the pages on our website.
8.3 If we do give you consent, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
8.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
9. DO NOT RELY ON INFORMATION ON THIS SITE
9.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.
9.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
10.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2 We have no control over the contents of those sites or resources.
11. USER-GENERATED CONTENT IS NOT APPROVED BY US
11.1 This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we 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
14. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
14.1 We do not guarantee that our site will be secure or free from bugs or viruses.
14.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
14.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
15. RULES ABOUT LINKING TO OUR SITE
15.1 You must not link to our home page or any part of our site unless we have given you our prior written consent.
15.2 If we do provide you our consent to link to our home page:
(a) you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
(b) you must not establish a link to our site in any website that is not owned by you; and
(c) our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
15.3 We reserve the right to withdraw linking permission without notice.
15.4 If you wish to link to or make any use of content on our site, please contact us.
16. OUR TRADE MARKS ARE REGISTERED
16.1 “Colhay’s” is a UK registered trademark of Colhay’s Limited. You are not permitted to use it without our approval.
17. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?