TERMS AND CONDITIONS FOR ONLINE SALES OF PRODUCTS TO CONSUMERS
BEFORE YOU PLACE AN ORDER, YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR ORDER
Welcome to www.spontex.co.uk (the “Website”).
These terms of sale apply to consumers only. A “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
1. About these Terms and Conditions of Sale
1.2 Please note that you will be asked to agree to these Terms before you place an order. By clicking on the “Pay Now" button at the end of the Checkout page on the Website you confirm that you accept these Terms. If you do not agree with these Terms, you will not be able to order any Products from our Website.
1.3 We will not necessarily file a copy of these Terms specifically in relation to your order. You should therefore save a copy of these Terms to your computer for future reference.
1.4 We may occasionally update these Terms from time to time, for example, to comply with changes in the law or to take account of new ordering or payment processes or new products we may offer. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.5 These Terms, and any Contract between us, are only in the English language.
1.6 YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING OUR LIABILITY TO YOU (CLAUSE 13) AND YOUR RIGHT OF RETURN AND REFUND (CLAUSE 8).
2. Information about us
2.1 We operate the Website. Our full company name is MAPA Spontex UK Limited and we trade as Spontex. MAPA Spontex UK Limited is a company registered in England and Wales, registered address Berkeley Business Park, Wainwright Road, Worcester WR4 9ZS. Company Number 01372811. Our VAT number is GB 217 9806 40.
2.2 References in these Terms to "we", "us" and "our” are to MAPA Spontex UK Limited.
2.3 To contact us, please see the Contact Us page.
3. Our Products
3.1 The images of the Products on this Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown on images on this Website.
3.3 All Products shown on this Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
4. Use of the Website
Your use of the Website is governed by our website terms and conditions of use. Please take the time to read this document, as it includes important terms which apply to you.
5. Placing an order
5.1 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 at each page of the order process.
5.2 When you submit an order for Products, you are offering to purchase Products from us at the prices indicated on the Website.
5.3 All orders for Products from the Website must be placed using the shopping basket facility provided on the Website. The process is as follows:
5.3.1 select the products you wish to purchase and add them to your shopping basket, and then proceed to the checkout page;
5.4 Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order. It is your responsibility to ensure that your order is correct before submitting it to us. Please ensure that you enter a complete and accurate delivery address. We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information.
5.3.2 if you are a new customer, you can choose to create an account with us but you do not have to do so in order to make a purchase. If you already have an account with us, you can enter your log-in details to make a purchase using your pre-registered account details;
5.3.3 once you have created your order, you must select your preferred method of delivery and then confirm your order and your consent to these Terms and Conditions of Sale; and
5.3.4 if applicable, you may enter a discount/voucher code to get money off the price of the product.
5.5 Once you place your order, our acceptance of your order will take place as described below:
5.5.1 When an order is placed online, we request authorisation for the value of the order through Sagepay to ensure that the funds are available for the value of your order. When you click the “Pay Now” button you will be redirected to the Sagepay website.
5.6 If at any point there are any problems with your order, please contact us using the details in the Contact Us page.
5.5.2 By submitting an order to us through our Website, and by clicking the “Pay Now” button, you confirm that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us (see clauses 5.5.3 to 5.5.5 below for information about how and when a legally binding contract is formed between us), payment will be made in full. By placing an order, you confirm that you are the person referred to in the billing details.
5.5.3 Acceptance of an order placed by you online and the completion of the contract between you and us will take place when you receive an email from us that confirms that your order has been accepted (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation.
5.5.4 If we are unable to supply you with a Product, for example, because that Product is no longer available, or because of an error in the price on our Website, or we are unable to obtain authorisation for your payment, or where you do not accept our Terms, we will inform you of this by e-mail, and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible, and in any event within 14 days.
5.5.5 ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING CONTRACT IS NOT FORMED UNTIL YOU RECEIVE OUR ORDER CONFIRMATION E-MAIL AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.
6. How we use your personal information
7.1 Your order will be fulfilled within the estimated delivery period (which will be no more than 30 days after the date on which we send you the Order Confirmation E-mail) set out in the Delivery and Returns page for the relevant type of delivery service you selected as part of your order unless there is an Event Outside Our Control (see clause 14). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Whilst we aim to despatch and deliver Products to you as soon as possible, we cannot give an exact delivery date. For estimated delivery costs and times please refer to the Delivery and Returns page.
7.2 We deliver to the countries listed in the “Where Do We Deliver” section on the Delivery and Returns page.
7.3 Please ensure that you enter a complete and accurate delivery address when placing your order. We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information that you provided to us when placing your order.
7.4 Delivery will be completed when we deliver the Products to the address you gave us and you will be responsible for the Products when they are delivered to you.
7.5 You own the Products once we have provided the Products to a third party carrier, such as a courier or Royal Mail, in order for the Products to be delivered to you, provided that we have received payment in full, including all applicable delivery charges. We may withhold the Products and/or cancel the Contract between us if payment is not received from you in full in cleared funds.
7.6 The Products will be your responsibility from the completion of delivery to you in accordance with clause 7.7.
8. Your Right Of Return And Refund
Right to cancel
8.1 You have the right to cancel this contract within 14 days without giving any reason.
8.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product.
8.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You should exercise your right to cancel by contacting us at the address or e-mail address set out in the Contact Us page. You may use the attached model cancellation form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
8.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
8.5 If you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
8.6 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.
8.7 You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products you have received.
8.8 We will make the reimbursement without undue delay, and not later than:
8.8.1 14 days after the day we receive back from you any Products supplied; or
8.9 We will make the reimbursement using the same means of payment as you used for the initial transaction, and in any event, you will not incur any fees as a result of the reimbursement.
8.8.2 (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
8.8.3 If there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
8.10 You shall send back the Products to us at Spontex Customer Care, Mapa Spontex UK Ltd., Berkeley Business Park, Wainwright Road, Worcester WR4 9ZS without undue delay and in any event not later than 14 days from the day on which you communicated your cancellation of this Contract to us. The deadline is met if you send back the Products before the period of 14 days has expired.
8.11 You will have to bear the direct cost of returning the Products to us, except where the Products are returned because they are faulty or mis-described in which case clause 9 will apply.
8.12 Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the Order Confirmation.
8.13 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 8 OR THESE TERMS. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.
IF YOU RETURNED THE PRODUCTS TO US BECAUSE THEY WERE FAULTY OR MIS-DESCRIBED, PLEASE SEE CLAUSE 9.
9. Faulty Products or mis-described Products
9.1 If you have returned the Products to us under clause 8.13 because they are faulty or mis-described, in addition to a refund in full for the price of a defective Product, including any applicable delivery charges, we will also refund any reasonable costs you incur in returning the Products to us.
9.2 Details of your legal right to cancel and an explanation of how to exercise it will also provided in the Order Confirmation.
10. Price of Products and delivery charges
10.1 The prices of the Products will be as quoted on the Website from time to time. We only accept payment for orders in (£) pound sterling. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Order Confirmation.
10.3 The price of a Product includes VAT (where applicable) 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.
10.4 Delivery charges will also be payable on your order and these will be added to the price of your order prior to you submitting payment to us. For details of our delivery charges please see the Delivery and Returns.
10.5 The Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
10.5.1 where the Product’s correct price is less than the price stated on the Website, we will charge the lower amount when dispatching the Products to you; and
10.5.2 if the Product’s correct price is higher than the price stated on the Website, we will contact you as soon as possible 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 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. 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.
11. How to pay
11.1 Payment for all Products must be made using the payment facilities available through our Website. Please see clause 5.5 for further details.
11.2 We may withhold the Products and/or cancel the Contract between us if payment is not received from you in full in cleared funds.
12. Our warranty for the Products
12.1 We provide a warranty that on delivery, the Products shall be free from material defects and conforms in all material respects with the description provided for on our Website.
12.2 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13. Our liability to you
13.1 If we fail to comply with these Terms, we are responsible for 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 was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
13.2 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.
13.3 We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
13.3.5 arising under Section 2(3) Consumer Protection Act 1987; or
13.3.6 for any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.
14. Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
14.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. Other important terms
15.1 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.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.4 Each of the paragraphs of these Terms and Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 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 that will not mean that we will automatically waive any later default by you.
15.6 These Terms are governed by English law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction. 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 or Wales, you may also bring proceedings in Scotland or Wales.
Model Cancellation Form
To Spontex Customer Care, Mapa Spontex UK Ltd., Berkeley Business Park, Wainwright Road, Worcester WR4 9ZS
I/We [customer name] hereby give notice that I/We [customer name] cancel my/our contract of sale of the following goods:
Ordered on: ____________________________________
Received on: ___________________________________
Order reference number:
Name of customer:
Address of customer: