General Terms of Sale 8 October 2013

This page (together with the documents referred to on it, tells you information about us and  the terms and conditions (Terms) on which we supply any of the product(s) listed on our website to you ("Products").  You should understand that by ordering any of our Products, you agree to be bound by these Terms.

These Terms and Conditions cover Smarterbuys Store (www.sbstore.org)

 

This website is owned and operated by The Smarterbuys Store Ltd. As a user of this website you acknowledge that any use of this website including any transactions you make is subject to these Terms. These Terms, and any Contract between us, are only in the English language.

Please:

  • read through these terms and conditions carefully before ordering any products from this website;
  • print a copy for future reference (if you are not able to print a copy we suggest you take a screenshot of them to save);
  • also read our Privacy Policy section regarding your personal information.

Please be aware that we intend to rely on these Terms.

You will not be able to process your order unless you click on the button marked "I Accept" during the order process. Please only do so if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from our site.

We may amend these Terms from time to time as set out in condition 16.  Every time you wish to purchase products, please check these Terms to ensure you understand the terms which will apply from time to time.

1. Your status

By placing an order through our site, you warrant that

  • you are contracting with us as a consumer and not for commercial purposes
  • you are legally capable of entering into binding contracts
  • you are at least 18 years old
  • you are resident in the mainland UK; and
  • you are accessing our site from mainland UK.

2. Our status

2.1         
We are a company limited by guarantee registered in England and Wales under company number 07526461 and with our
registered office at Greengates House, Amos Drive, Greencroft industrial Park, Stanley, Co Durham, DH97YE. We operate this site under the trading name Smarterbuys Store. Smarterbuys Store is regulated by the Financial Conduct Authority reference number 646640.

2.2.            
We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that product(s) you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
 

2.3.        
If you are contracting as a consumer, this DISCLAIMER does not affect your statutory rights against us. If you would like information about your legal rights you should contact a solicitor, your local trading standards or Citizens Advice Bureau.

2.4.           
We may need to disclose your personal information related to a transaction to a third party in order to arrange delivery and / or installation. We stress the importance of protecting your personal information to all of our third party suppliers or agents and insist this information is only used to fulfil the transaction.

2.5.            
The images of the Products on our site 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. The Products you buy may vary slightly from those images.

2.6.           
The packaging of the Products may vary from that shown on images on our site.

2.7.           
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 and we will not process your order if made.

3. Ordering Process– General Information about how the Contract is formed between you and us

3.1.            
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us to ensure we can check all stock availability and pricing.   All orders that you place on this website will be subject to these Terms.

3.2.            
The checkout process sets out the final details of your order. 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.  By confirming your order you are agreeing to make payment for the Products using one of the accepted methods (either Online or Offline payments (see below)).

4. Payment Methods

A. Ordering and holding Product in basket

4.1.             
If you need to find affordable credit before confirming your order, the system allows you to hold the Products in your basket. You will have a designated amount of time in which to complete the order and proceed to payment.

4.2.            
You will be sent a Credit Reservation Email detailing the Product(s) you have ordered and the timescales in which you must complete the order by proceeding to payment (either Online or Offline), before your reservation is cancelled.  Please note this does not mean your order has been accepted and this Credit Reservation Email is not an order confirmation from Smarterbuys Store.

4.3.            
Your order will be stored within your "My Account” area which you can access at any time by logging into the website using your email address and password. From this area you are able to cancel your order within the designated time period or complete your order via Online or Offline payment.

4.4.      
If you do not complete the order by proceeding to payment within the designated timescales, your order will automatically be cancelled.

4.5.            
From your "My Account” area you are able to proceed to payment using one of the accepted methods (Online or Offline) and complete the order.

4.12.1. If you make an Overpayment, your order will still be accepted by Smarterbuys Store. The amount of payment due in relation to the order will be clearly stated on the order confirmation email.

4.13.  

Underpayments: an underpayment is when a customer pays less money than is due. 

4.13.1.   If you make an Underpayment the Smarterbuys Store will contact you.

 
4.16.        
Your order details will be stored within your "My Account” area which you can access at any time by logging into the website using your email address and password. From this area you are able to:

  • view delivery details for the Products ordered;
  • view your outstanding balance (if you have chosen to Pay Offline);
  • cancel your order within the designated time period;
  • view the expiry date of your order (if you have chosen to Pay Offline or reserved your order while finding affordable credit).

5. Acceptance of your order

5.1.            
Acceptance of your order and the completion of the Contract will take place on dispatch to you of the product(s) ordered from the Supplier unless we have notified you that we do not accept your order, you have not made full payment offline within the designated period or you have cancelled your order (please refer to  8. Returns and cancellations).

5.2.         
If we are unable to supply you with a Product, for example because that Product is not in stock or 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, we will refund you the full amount as soon as possible.

5.3.           
Sometimes the product specifications from the manufacturer/supplier may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with the returns terms and conditions below (8. Returns and cancellations).

6. Prices

6.1.            
All prices are shown in pounds sterling (£) and include VAT (where applicable) at the applicable current rates and include delivery charges, unless expressly stated otherwise.  Where the rate of VAT changes between the date of your order and the full payment for the Products has been made, we will adjust the VAT you pay.

6.2.         
Our site may contain a large number of products and it is always possible that, despite our best efforts, some of the Products listed on
  our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

7. Delivery

7.1.            
Your order will be fulfilled by the estimated delivery date notified to you by Smarterbuys or the delivery agent. If no delivery date is specified, then this will be within 30 days of the date of the order having been accepted, unless there are exceptional circumstances. In most circumstances arrangements will need to be made to ensure safe delivery of the Products and you will be contacted directly to confirm a date and where possible a time slot (please note time slots are not available on all Products).

7.2.            
All Smarterbuys prices are inclusive of delivery. There will be no additional charges for delivery unless otherwise stated.

7.3.            
This website is only for delivery of products in mainland UK addresses only. We cannot deliver to:

Northern Ireland
Scottish Highlands
The Channel Islands
Isle of Man
Orkney
Shetland
Scottish Islands
PO Box Addresses
BritishForces Post Office
The Republic of Ireland
Anywhere outside of the United Kingdom

If you require delivery to any of these areas you should contact us directly on the contact detail below, before making your order to discuss available options and delivery charges.

7.4.             
All Products must be signed for on delivery.

7.5.            
Delivery will be completed when we deliver the Products to the address you gave us.

7.6.            
We (or an agent on our behalf) will contact you directly in order to provide full details of the delivery including the date and will make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. Smarterbuys Store shall be under no liability for any delay or failure to deliver the Products within the estimated timescales.

7.7.            
If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises or a storage premises, in which case, please contact us to rearrange delivery. There may be a redelivery charge if the failure to deliver is as a result of you not being available at the agreed date to accept delivery.

7.8.            
Please note that many of the Products available for purchase on the website require delivery to a chosen room and some require installation. Where this is the case it is necessary for someone over the age of 16 to be available to accept delivery that is over the age of 16. We reserve the right to delay delivery if there is no one appropriate to accept delivery and this may be considered a failure on your part under clause 7.7 above.

7.9.           
The Products will be your responsibility from the completion of delivery.

7.10.        
You own the Products once we have received your final payment, including all applicable delivery charges.

8. Returns and cancellations – Consumer Rights

8.1.            
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any reason and you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

8.2.            
However, this cancellation right does not apply in the case of:

(a)   any made-to-measure or custom-made products or products made to your specification or clearly personalised;
(b)  newspapers, periodicals or magazines;
(c)   perishable goods, such as food, drink or fresh flowers;
(d)  software, DVDs or CDs which have a security seal which you have opened or unsealed.

8.3.            
Your legal right to cancel a Contract starts from the date the goods are dispatched to you, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays in England are not included in this period.

8.4.            
You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.  If you returned the Products to us because they were faulty or mis-described, please see clause 9.

8.5.            
We refund you on the card used by you to pay.

8.6.           
If the Products were delivered to you:

(a)   you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b)  unless the Products are faulty or not as described (in this case, see clause 9), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We charge up to £40 for collection of all items.

8.7.            
Details of your legal right to cancel and an explanation of how to exercise it are provided in the Reservation/Payment Confirmation email.

8.8.            
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 7 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8.9.            
To cancel a Contract, you must inform us in writing.  Please always quote your order number for the product(s) regarding any return/cancellation you wish to make. You may cancel using the following methods:

Email to info@sbstore.org;
By post in writing to Smarterbuys Store Customer Services, 57-61 Lenin Terrace, Stanley, Co Durham, DH96LW 

8.10.        
You have a legal obligation to take reasonable care of the Products until return/collection has taken place. Failure to do so may lead to a claim against you for the cost of the damage caused. Products must be returned unused, in their original undamaged packaging, and in a saleable condition. Where items of furniture or mattresses are purchased we strongly recommend that any protective covering and safety notices are left in tact and on the Products until you have decided to keep the Products.  If items are supplied in protective wrapping or with hygiene seals or coverings we advise that these are not removed until you have decided to keep the product as failure to do so may mean you have not complied with your duty to take reasonable care of the Products. If you are in any doubt you may wish to contact Smarterbuys for guidance.

8.11.         
You may be asked to provide evidence of order cancellation notice e.g. sent email or     certificate of posting. This must include the date the notice was sent.

9. Returns – faulty product(s)

9.1.            
We recommend that where possible you take photographs or retain evidence of the fault as this will assist us in dealing with your return quickly.

9.2.            
If your Products are found to be faulty within 30 days of delivery, you must inform Smarterbuys Store in writing via the website or by email to info@sbstore.org .

9.3.         
If your Products are found to be faulty within 30 days of delivery, Smarterbuys will arrange for a replacement Products and remove the faulty Products or Smarterbuys will provide you with a full refund and collect the faulty Products.

9.4.           
If your Products are found to be faulty after the 30 day period up to 6 months of the delivery date of the Products, Smarterbuys will arrange for the repair or replacement of your Products. This does not apply to general wear and tear or misuse of the Products.

9.5.            
If your Products are found to be faulty after the 6 month period from the delivery date, some Products come with a manufacturer or supplier’s guarantee and you should refer to this guarantee to check your rights.

9.6.           
This does not affect your statutory rights as a consumer. If you require further advice on statutory rights we suggest you speak with a solicitor, local trading standards officer or Citizens Advice Bureau.

10. Our liability to a consumer

10.1.        
If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.

10.2.        
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.

10.3.         
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 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
  • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
  • defective products under the Consumer Protection Act 1987; and
  • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.


10.4.        
Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the terms and conditions of the Supplier or as otherwise notified to you.

10.5.        
Where Products come with the benefit of a manufacturer or suppliers warranty your rights under that warranty are not affected by these terms and conditions. You should refer to the terms of any manufacturers guarantee for further details. As a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office

11. Transfer of rights and obligations if you are a consumer

11.1.        
We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.

11.2.        
You may only transfer your rights and obligations under this Contract if we agree to this in writing.

12. Events outside our control

12.1.        
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 events outside our reasonable control (Force Majeure Event).
 

12.2.        
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
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;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government; and
pandemic or epidemic.

12.3.        
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

13. Waiver

13.1.        
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

13.2.        
A waiver by us of any default will not constitute a waiver of any subsequent default.

13.3.       
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in.

14. Severability

If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

15. Our contract with you

If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

16. Our right to vary these terms and conditions

16.1.        
We have the right to revise and amend these terms and conditions from time to time.
 

16.2.        
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).

17. Law and jurisdiction

Contracts for the purchase of product(s) through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

18. Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

The Smarterbuys Store website is owned and operated by:

 

Smarterbuys Store Ltd 

Greengates House

Amos Drive

Greencroft Industrial Park

Stanley

Co Durham

DH97YE

Registered in England with Company Number 07526461
VAT Number 123556036

We recommend you print out a copy of these terms and conditions for future reference.
 

If you have any questions regarding the Smarterbuys Store website, please see the 'How Does it Work' section for more information and full contact details. 

 

Website Terms of Use                8 October 2013

 

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website whether as a guest or a registered user. This website is owned and operated by The Smarterbuys Store Ltd. As a user of this website you acknowledge that any use of this website including any transactions you make is subject to these terms of use below (together with the documents referred to on it). 

 

By using this website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using this website. 

 

Please:

  • read through these terms of use carefully before using this website.
  • print a copy for future reference.
  • also read our Privacy Policy section regarding your personal information.

 

1. General

 

1.1 

We reserve the right to change these terms of use at any time. Any such changes will take effect when posted on the website (seedate at the top). It is your responsibility to read the terms of use on each occasion you use this website and your continued use of thewebsite shall signify your acceptance to be bound by the latest terms of use. 

 

1.2

Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere onthis website.

 

1.3

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

 

1.4

Contracts for the supply of goods  formed through this website or as a result of visits made by you are governed by our GeneralTerms of Sale and the Deal Specific Terms and Conditions. When you use Smarterbuys Store services please read the additionalinformation provided with regards to the individual Supplier as this information will provide you with full details on their servicesincluding delivery. 

 

1.5

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide onthis website without notice. We will not be liable if for any reason this website is unavailable at any time or for any period.

 

1.6

From time to time, we may restrict access to some parts of this website, or our entire website, to users who have registered with us. The Smarterbuys Store website services require registration and subsequent access to those services will be subject to an approved email address and password. Information that you provide on this website must be accurate and complete. All Password Details whether chosen by you or allocated by us, are accepted and may be withdrawn at our sole discretion at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. All Password Details  are exclusive to you and are non-transferable. All Password Details must be treated as strictly confidential at all times and you must not disclose it to any third party. Inthe event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).

 

1.7

All sizes and measurements stated on the Smarterbuys Store website, are approximate but we do try to make sure that they are asaccurate as possible.

 

1.8

Commentary and other materials posted on this website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to this website, or by anyone who may be informed of any of its contents.

 

1.9 

We aim to update this website regularly, and may change the content at any time. If the need arises, we may suspend access to thiswebsite, or close it indefinitely. Any of the material on this website may be out of date at any given time, and we are under noobligation to update such material.

 

1.10

We process information about you in accordance with our privacy policy.  By using this website, you consent to such processing and you warrant that all data provided by you is accurate. 

 

 

2. Intellectual Property

 

2.1

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. 

 

2.2

You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You must not use any part of the materials on this website for commercial purposes without obtaining a licence to do so from us or our licensors.

 

2.3

You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

 

3. Liability and Indemnity

 

3.1

Nothing in these terms of use excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

 

3.2

We will use reasonable endeavours to verify the accuracy of any information on the website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the website or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the website.

 

3.3

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms of use for any:

  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • loss of goodwill or reputation; or
  • special or indirect losses
  • suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms of use.

3.4 

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack. 

 

3.5 

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 this website will cease immediately.

 

3.6

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

 

 

4. Miscellaneous Provisions

 

4.1

The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

 

4.2

We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance.

 

4.3

To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. Where this website contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. 

 

4.4

You may not assign or sub-contract any of your rights or obligations under these terms of use or any related order for products to any third party unless agreed upon in writing by us.

 

4.5

We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms of use or any related contract to any third party.

 

4.6

If any portion of these terms of use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms of use shall not be affected.

 

4.7

No delay or failure by us to exercise any powers, rights or remedies under these terms of use will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Smarterbuys Store.

 

4.8

These terms of use including the documents or other sources referred to in these terms of use supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this website.

 

 

5. Reviews, comments, communications and other content

 

5.1 

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.

 

5.2

If you do post content or submit material, and unless we indicate otherwise, you

(a) grant Smarterbuys Store and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b) Smarterbuys Store and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

 

5.3

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Smarterbuys Store, including the execution of deeds and documents, at the request of Smarterbuys Store.

 

5.4

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Smarterbuys Store: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Smarterbuys Store policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Smarterbuys Store and its affiliates for all claims brought by a third party against Smarterbuys Store or its affiliates arising out of or in connection with a breach of any of these warranties.

 

The Smarterbuys Store website is owned and operated by:

The Smarterbuys Store Ltd

Greengates House

Amos Drive

Greencroft Industrial park

Stanley

Co Durham

DH97YE

Registered in England with Company Number 07526461

VAT Number 123556036

 

We recommend you print out a copy of these terms of use for future reference.

If you have any questions regarding the Smarterbuys Store website, please see the 'How does it work' section for more information and full contact details.

 

General Terms of Sale               13 April 2012

 

This page (together with the documents referred to on it, including but not limited to the Deal Specific Terms and Conditions) tells you the terms and conditions on which we supply any of the product(s) listed on our website to you.  You should understand that by ordering any of our product(s), you agree to be bound by these terms and conditions and in this document "terms and conditions” means these General Terms of Sale and any Deal Specific Terms and Conditions) . 

 

This website is owned and operated by Smarterbuys Store Ltd. As a user of this website you acknowledge that any use of this website including any transactions you make is subject to these terms and conditions below.

Please:

 

  • read through these terms and conditions carefully before using this website.
  • print a copy for future reference.
  • also read our Privacy Policy section regarding your personal information.

 

Please be aware that we intend to rely on these terms and conditions. You will not be able to process your order unless you click on the button marked "I Accept" during the order process. Please only do so if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.

 

1. Your status

  • By placing an order through our site, you warrant that:
  • you are contracting with us as a consumer and not for commercial purposes;
  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old; and
  • you are resident in the mainland UK; and
  • you are accessing our site from mainland UK.

 

2. Our status

2.1

We accept orders as agents on behalf of third party sellers.  The resulting legal contract is between you and that third party seller, and is subject to the terms of that third party seller which are set out in the Deal Specific Terms and Conditions. You should carefully review their terms applying to the transaction.

 

2.2

We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that product(s) you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller. 

 

2.3

If you are contracting as a consumer, this DISCLAIMER does not affect your statutory rights against us. If you would like information about your legal rights you should contact a solicitor, your local trading standards or Citizens Advice Bureau. 

 

 

3. Ordering – General and the Contract Formation between you and us

 

3.1

Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. All orders that you place on this website will be subject to  these terms and conditions,(and for the avoidance of doubt this includes the Deal Specific Terms and Conditions which are available on the deal information pages and will be saved in your "My Account” area under "Deal History” once you have confirmed your order or completed payment).

 

3.2

The checkout process sets out the final details of your order. By confirming your order you are agreeing to make payment for the product(s) using a hire purchase agreement.

 

3.3

Once you have confirmed your order and proceeded to payment, you will be sent an acknowledgement email detailing the product(s) you have ordered. Please note that this email is not an order confirmation or order acceptance from Smarterbuys Store. 

 

3.4

Your order details will be stored within your "My Account” area which you can access at any time by logging into the website using your email address and password. From this area you are able to:

  • view delivery details for the product(s) ordered
  • your outstanding balance.
  • cancel your order within the designated time period
  • view the expiry date of your order (if you have chosen affordable credit)

 

3.5

Acceptance of your order and the completion of the Contract will take place on dispatch to you of the product(s) ordered from the Supplier unless we have notified you that we do not accept your order or you have cancelled it (please refer to 8. Returns and cancellations).

 

3.6

The Product(s) will be your responsibility from the time of delivery.

 

3.7

Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges. 

 

3.8

Sometimes the product specifications from the manufacturer/supplier may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with the returns terms and conditions below (8. Returns and cancellations).

 

3.9

Our site may contain a large number of products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. 

 

 

4. Ordering and finding affordable credit 

 

4.1

If you confirm your order and then need to find affordable credit, the product(s) will be reserved for you and removed from the stock available, but not dispatched. You will have a designated amount of time in which to complete the order and proceed to payment.

 

4.2

You will be sent an acknowledgement email detailing the product(s) you have ordered and the timescales in which you must complete the order by proceeding to payment (either Online or Offline), before your reservation is cancelled.  This email is not an order confirmation or order acceptance from Smarterbuys.

 

4.3

Your order will be stored within your "My Account” area which you can access at any time by logging into the website using your email address and password. From this area you are able to cancel your order within the designated time period or complete your order via Online or Offline payment.

 

4.4

If you do not complete the order by proceeding to payment within the designated timescales, your order will automatically be cancelled and the product(s) will be released back into stock.

 

4.5

From your "My Account” area you are able to proceed and complete the order, you will then be sent an acknowledgement email detailing the product(s) you have ordered. Please note that this email is not an order confirmation or order acceptance from Smarterbuys Store.

 

4.6

Acceptance of your order and the completion of the Contract will take place on dispatch to you of the products ordered from the Supplier unless we have notified you that we do not accept your order or you have cancelled it (please refer to 8. Returns and cancellations).

 

7. Delivery

 

7.1

Your order will be fulfilled by the delivery date set out in the Deal Specific Terms and Conditions or, if no delivery date is specified, then within 30 days of the date of the order having been accepted, unless there are exceptional circumstances.

 

7.2

All Smarterbuys Store deals are inclusive of delivery. There will be no additional charges for delivery.

 

7.3

This website is only for delivery of products in mainland UK addresses only. We cannot deliver to:

  • Northern Ireland (Investigating possible suppliers at this time)
  • Scottish Highlands
  • The Channel Islands
  • Isle of Man
  • Orkney
  • Shetland
  • Scottish Islands
  • PO Box Addresses
  • British Forces Post Office
  • The Republic of Ireland
  • Rest of the World

7.4

All products must be signed for on delivery.

 

7.5

Delivery arrangements will vary by deal, product(s) and Supplier. Full details of deal specific delivery arrangements are available on the deal pages of the website under "Delivery” or in the Deal Specific Terms and Conditions.

 

7.6

The Supplier will contact you directly in order to provide full details of the delivery including the date and will make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. Smarterbuys Store shall be under no liability for any delay or failure to deliver the product(s) within the estimated timescales.

 

7.7

Risk of loss and damage of product(s) passes to you on the date when the product(s) are delivered or on the date of the first attempted delivery by the Supplier.

 

 

8. Returns and cancellations – Consumer Rights

 

8.1

The rights set out in this clause do not apply to items personalised or made to your specification; audio/video recordings or software that you have unsealed; items that due to their nature cannot be returned; perishable goods (e.g. food, flowers and periodicals/magazines).  

 

8.2

You have the right to cancel the purchase of product(s) within seven (7) working days from the day after the date the product(s) are delivered.  In this case, Smarterbuys Store will refund you the full amount of the product(s) in accordance with our refund policy.  You are responsible for the cost of return or collection of the product(s). 

 

8.3

To cancel a Contract, you must inform us in writing.  Please always quote your order number for the product(s) regarding any return/cancellation you wish to make. You may cancel using the following methods: 

  • By phone 0300 500 0975
  • Email to info@sbstore.org
  • By post in writing to Smarterbuys Store Customer Services, 57-61 Lenin Terrace, Stanley, Co Durham, DH96LW

8.4

You must take reasonable care of the product(s) until return/collection has taken place. Failure to do so may lead to a claim against you for the cost of the damage caused. Product(s) must be returned unused, in their original undamaged packaging (where possible), and in a saleable condition.

 

8.5

Return/collection of the item will be handled direct with the Supplier and their designated courier (if applicable). You must make the product(s) available for return/collection within 14 days – the supplier will advise when collection will take place via email.

 

8.6 

You may be asked to provide evidence of order cancellation notice e.g. sent email or certificate of posting. This must include the date the notice was sent.

 

 

9. Returns – faulty product(s)

 

9.1

If your product(s) are found to be faulty within 30 days of delivery, you must inform Smarterbuys Store in writing, by phone or by email to info@sbstore.org

 

9.2

If your product(s) are found to be faulty within 30 days of delivery, Smarterbuys will arrange for the Supplier to provide you with replacement product(s) and remove the faulty product(s) or Smarterbuys will provide you with a full refund and collect the faulty product(s).

 

9.3

If your product(s) are found to be faulty after the 30 day period up to 6 months of the delivery date of the product(s), Smarterbuys Store will arrange for the Supplier to repair or replace your product(s). This does not apply to general wear and tear or misuse of the product(s).

 

9.4

If your product(s) are found to be faulty after the 6 month period from the delivery date, some product(s) come with a manufacturer or supplier’s guarantee. Further information on any guarantees will be included within the Deal Specific Terms and Conditions which can be found in your "My Account” area. 

 

9.5

This does not affect your statutory rights as a consumer. If you require further advice on statutory rights we suggest you speak with a solicitor, local trading standards officer  or Citizens Advice Bureau. 

 

 

10. Our refunds policy

 

10.1

If you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the product(s) in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us. 

 

10.2

We will refund any money received from you, normally by using the same method originally used by you.

 

 

11. Our liability to a consumer

 

11.1

If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.

 

11.2

We only supply the product(s) 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.

 

11.3

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 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); 
  • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
  •  defective products under the Consumer Protection Act 1987; and
  • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11.4

Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the Deal Specific Terms and Conditions or as otherwise notified to you.

 

11.5

Where product(s) come with the benefit of a manufacturer or suppliers warranty your rights under that warranty are not affected by these terms and conditions.

 

 

12. Transfer of rights and obligations if you are a consumer

 

12.1

We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.

 

12.2

You may only transfer your rights and obligations under this Contract if we agree to this in writing.

 

13. Events outside our control

 

13.1

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 events outside our reasonable control (Force Majeure Event).  

 

13.2

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • 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;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks;
  • the acts, decrees, legislation, regulations or restrictions of any government; and
  • pandemic or epidemic.

13.3

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

14. Waiver

 

14.1

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

 

14.2

A waiver by us of any default will not constitute a waiver of any subsequent default.

 

14.3

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in.

 

15. Severability

 

If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

16. Our contract with you

 

If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

 

17. Our right to vary these terms and conditions

 

17.1

We have the right to revise and amend these terms and conditions from time to time.  

 

17.2

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).

 

18. Law and jurisdiction

 

Contracts for the purchase of product(s) through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. 

 

19. Third party rights

 

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

 

The Smarterbuys Store website is owned and operated by:  

The Smarterbuys Store Ltd

Greengates house

Amos Drive

Greencroft Industrial Park

Stanley

Co Durham

DH97YE 

Registered in England with Company Number 07526461

VAT Number 123556036

 

We recommend you print out a copy of these terms and conditions for future reference.

If you have any questions regarding the Smarterbuys Store website, please see the 'How does it work' section for more information and full contact details.