These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website www.carifit.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods, as explained in Clause 8;
means the goods sold by Us through Our Site;
means the goodwill guarantee offered by CARiFiT LTD, a limited company registered in England under 10076740
means your order for Goods;
means our acceptance and confirmation of your Order;
means the reference number for your Order; and
means CARiFiT LTD [, a company registered in England under 10076740.
2. Information About Us
1.1 Our Site, www.carifit.co.uk, is [owned and] operated by CARiFiT LTD [, a limited company registered in England under 10076740
3. Access to and Use of Our Site
1.1 Access to Our Site is free of charge.
1.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
1.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
1.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
1.2 [[None of the Goods on Our Site may be purchased by anyone under 16 years of age.]
0.2 [The following Goods may only be purchased by consumers above a certain age. We are not permitted by law to supply these Goods to anyone below the applicable age:
2.a.1 CARiFiT Online membership;
5. Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the course of business. [If you are a business customer, please consult our Business Terms of Sale www.carifit.co.uk.]
6. Goods, Pricing and Availability
1.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
1.a.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
1.a.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary[.] OR [; and]
1.2 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
1.3 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7days, We will treat your Order as cancelled and notify you of this in writing.
1.4 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
1.5 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7. Orders – How Contracts Are Formed
1.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
1.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
1.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of your Order does not mean that we have accepted it.] Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
1.4 Order Confirmations shall contain the following information:
4.a.1 Your Order Number;
4.a.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
4.a.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
1.5 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
1.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
9. Delivery, Risk and Ownership
1.1 All Goods purchased through Our Site will normally be delivered within 30 minutes via email. (subject to delays caused by events outside of Our control, for which see Clause 14).
1.2 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
1.3 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
1.4 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
1.5 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Cancelling your plan if You Change Your Mind
1.1 Once your online plan is purchased NO refunds will be offered. We do accept that every now and then there may be exceptional circumstances and in this instance – Refunds will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
11. Our Liability to Consumers
1.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
1.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
1.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
1.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
1.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13. Complaints and Feedback
1.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
1.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
2.a.1 [In writing, addressed to firstname.lastname@example.org
14. How We Use Your Personal Information (Data Protection)
1.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
1.2 We may use your personal information to:
2.a.1 Provide Our Goods and services to you;
2.a.2 Process your Order (including payment) for the Goods; and
2.a.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
1.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
1.4 We will not pass on your personal information to any third parties [without first obtaining your express permission].
15. Other Important Terms
1.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
1.2 You may not transfer (assign) your [other] obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission
1.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. [This is subject to sub-Clause 18.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.]
1.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
1.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
1.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.
16. Law and Jurisdiction
1.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
1.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
1.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
1.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.